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Chapter I Preliminary
1. Short title, extent and commencement
  • These rules may be cited as the Factories Rules, 19.....
  • These rules shall extend to .....................................
2. Definitions

In these rules unless there is anything repugnant in the subjector context:

  • "Act" means the Factories Act, 1948;
  • "appendix" means an appendix appended to these rules;
  • "artificial humidification" means the introduction of moisture into the air of a room by any artificial means whatsoever, except the unavoidable escape of steam or water vapour into the atmosphere directly due to a manufacturing process:
    Provided that the introduction of air directly from outside through moistened mats or screens placed in openings at times when the temperature of the room is 26.5 degrees centigrade
    or more, shall not be deemed to be artificial humidification;
  • "belt" includes any driving strap or rope
  • "degrees" (of temperature) means degrees on the centigradescale
  • "District Magistrate" includes such other official as may beappointed by the State Government in that behalf
  • "fume" includes gas or vapour;
  • Health Officer" means the Municipal Health Officer or DistrictHealth Officer or such other official as may be appointed by the State Government in that behalf
  • "hygrometer" means an accurate wet and dry bulb hygrometer conforming to the rescribed conditions as regardsconstruction and maintenance
  • x x x x x x x
  • "maintained" means maintained in an efficient state, in efficientworking order and in good repair; and
  • "manager" means the person responsible to the occupier forthe working of the factory for the purpose of the Act.

Rule 2A

COMPETENT PERSON

Rules prescribed under Section 2A Clause 2(ca) and Section 112

  • The Chief Inspector may recognise any person as a ‘competent person’ within such area and for such period as may be specified for the purposes of carrying out tests, examinations, inspections and certification for such buildings, dangerous machinery, hoists and lifts, lifting machines and lifting tackles, pressure plant, confined space, ventilation system and such other process or plant and equipment as stipulated in the Act and the Rules made thereunder, located in a factory, if such a person possesses the qualifications, experience and other requirements as set out in the schedule annexed to this Rule.
    Provided that the Chief Inspector may relax the requirements of qualifications in respect of a ‘competent person’ concurrence of the State Government shall be taken and such a person after being so recognised, shall not have powers of an ‘Inspector’,
    Provided further that the ‘competent person; recognised under this provision shall not be above the age of 62 and shall be physically fit for the purpose of carrying out the tests, examination and inspection.
  • The Chief Inspector may recognise an institution of repute, having persons possessing qualifications and experience as set out in the schedule annexed to sub-rule (1) for the purpose of carrying out tests, examinations, inspections and certification for buildings, dangerous machinery, hoists and lifts, lifting machines and lifting tackles, pressure plant, confined space, ventilation system and such other process or plant and equipment as stipulated in the Act and the Rules made thereunder, as a ‘competent person’ within such area and for such period as may be specified.
  • The Chief Inspector on receipt of an application in the prescribed form from a person or an institution intending to be recognised as a ‘competent person’ for the purposes of this Act and the Rules made thereunder, shall register such application and within a period of sixty days of the date of receipt of application, either after having satisfied himself as regards competence and facilities available at the disposal of the applicant recognise the applicant as a ‘competent person’ and issue a certificate of competency in the prescribed form or reject the application specifying the reasons therefore.
  • The Chief Inspector may, after giving an opportunity to the competent person of being heard, revoke the certificate of competency ………….
    • if he has reason to believe that a competent person
      • has violated any condition stipulated in the certificate of competency; or
      • has carried out a test, examination and inspection or has acted in a manner inconsistent with the intent or the purpose of this Act or the Rules made thereunder; or has omitted to act as required under the Act and the Rules made thereunder; or
    • for any other reason to be recorded in writing

    Explanation: For the purpose of this Rule, an institution includes an organisation.

  • The Chief Inspector may, for reasons to be recorded in writing, require re-certification of lifting machines, lifting tackles, pressure plant or ventilation system, as the case may be, which has been certified by a competent person outside the State.

Form of Application for grant of Certificate of Competency to a person under sub-rule (I) of 2A.

  • Name
  • Date of Birth
  • Name of the Organisation (if not self-employed)
  • Designation
  • Educational qualification (copies of testimonials to be attached)
  • Details of professional experience (in chronological order)

    Name of the Organisation Period of Service Designation Area of Responsibility

    Name of the OrganisationPeriod of ServiceDesignationArea of Responsibility
  • Membership, if any, of professional bodies
    • Details of facilities (examination, testing, etc.) at his disposal.
    • Arrangements for calibrating and maintaining the accuracy of these facilities.
  • Purpose for which Competency Certificate is sought (section or sections of the Act should be stated).
  • Whether the applicant has been declared as a competent person under any statute (if so, the details)Any other relevant information.
  • Declaration by the applicant.

    I, …………………., hereby declare that the information furnished above is true.

    I undertake

    • that in the event of any change in the facilities at my disposal (either addition or deletion) or my leaving the aforesaid organisation, I will promptly inform the Chief Inspector;
    • to maintain the facilities in good working order, calibrated periodically as per manufacturers instructions or as per National Standards; and
    • to fulfill and abide by all the conditions stipulated in the certificate of competency and instructions issued by the Chief Inspector from time to time.

    Place

    Date

    Signature of the applicant :

    Declaration by the Institution (if employed)

    I, …………………., certify that Shri …………………… whose details are furnished above, is in our employment and nominate him on behalf of the organisation for the purposes of being declared as a competent person under the Act. I also undertake that I will.

    • notify the Chief Inspector in case the competent person leaves our employment;
    • provide and maintain in good order all facilities at his disposal as mentioned above;
    • notify the Chief Inspector any change in the facilities (either addition or deletion)

    Signature

    Designation

    Telephone No.

    Official Seal

    Date:

Form of Application for grant of Certificate of Competency to an Institution under sub-rule (2) of Rule 2A.

  • Name and full address of the Organization
  • Organisation’s status (specify whether Government, Autonomous, Co-operative, Corporate or Private)
  • Purpose for which Competency Certificate is sought (specify Section(s) of the Act)
  • Whether the Organisation has been declred as a competent person under this or any other statute. If so, give details.
  • Particulars of persons employed and possessing qualification and experience as set out in Schedule annexed to sub-rule (1) of Rule 2A.
    S.No.Name and DesignationQualifications ExperienceSection(s) and the Rules under which Competency is sought for
    1.   
    2.   
  • Details of facilities (relevant to item 3 above) and arrangements made for their maintenance and arrangements made for their maintenance and periodic calibration.
  • Any other relevant information.
  • Declaration:

I, …………………….. hereby, on behalf of …………………. Certify the details furnished above are correct to the best of my knowledge. I undertake to ----

  • maintain the facilities in good working order, calibrated periodically as per manufacturers instructions or as per National Standards; and
  • to fulfil and abide by all the conditions stipulated in the certificate of competency and instructions issued by the Chief Inspector from time to time.

Signature of Head of the

Institution or of the persons

authorised to sign on his behalf.

Designation

Place Date

Form of Certificate of Competency issued to a person or an institution in pursuance to Rule 2A made under Section 2(ca) read with Section …………………….

I, ……………………., in exercise of the powers conferred on me under Section 2(ca) of the Factories Act and the Rules made thereunder, hereby recognize ……………………….. (Name of the Institution) employing qualified persons Shri ______________________ whose qualification and experience are being approved in the name of the institution

or Shri ………………………… (Name of the person) employed in …………………….……….. (Name of the Institution) to be a competent person for the purpose of carrying out tests, examinations, inspections and certification for such buildings, dangerous machinery, lifts and hoists, lifting machines and lifting tackles, pressure plants, confined space, ventilation system available and process or plant and equipment as the case may be, used in a factory located in …………….. under Section …………….. and the Rules made thereunder. *

* Strike out the words not applicable.

This certificate is valid from ……………..to …………………….

This certificate is issued subject to the conditions stipulated hereunder: -

  • Tests, examinations and inspections shall be carried out in accordance with the provisions of the Act and the Rules made thereunder;
  • Tests, examination and inspections shall be carried out . personally or if the assistance of additional person is inevitable with direct involvement of the CP or in case of an institution of the persons(s) approved as indicated above under direct supervision of the competent person or by a person so authorised by an institution recognized to be a competent person.
  • The certificate of competency issued in favour of a person shall stand cancelled if the person leaves the organisation mentioned in his application;
  • The institution recognised as a competent person shall keep the Chief Inspector informed of the names, designations and qualifications of the persons authorised by it to carry out tests, examinations and inspections.

     

  • …………………………………..
  • ………………………………….

Station   Official Seal   Signature of the Chief Inspector    Date

NOTE: A separate certificate should be issued under each relevant Section. A person or an institution may be recognised competent for the purpose of more than one Section of the Act.

SCHEDULE

S.No.Section or Rules under which competency is recognisedQualification requiredExperience for the purposeFacilities at his command
1.Rules made under Section 6 and Section 112 – Certificate of stability for buildingsDegree in Civil or Structural Engineering; or equivalenti) A minimum of 10 years experience in the design of construction or testing or repairs of structures;ii) Knowledge of non-destructive testing, various codes of practices that are current and the effect of the vibrations and natural forces on the stability of the building; andiii) Ability to arrive at a reliable conclusion with regard to the safety of the structure or the building. 
2.Rules made under Section 21(2) – “Dangerous Machines”Degree in Electrical or Mechanical or Textile Engineering or equivalent.(ii) a minimum of 7 years experience in-a) design or operation or maintenance; orb) testing, examination and inspection of relevant machinery, their guards, safety devices and appliances.(ii) he shall –a) be conversant with safety devices and their proper functioning;b) be able to identify defects and any other cause loading to failure; andc) have ability to arrive at a reliable conclusion with regard to the proper functioning of safety device and appliance and machine guard.Guages for measurement; instruments for measurement of speed and any other equipment or device to determine the safety in the use of the dangerous machines.
3.Section 28 – Lifts and HoistsA degree in Electrical and /or Mechanical Engineering or the equivalent(i) A minimum experience of 7 years in-(a) design or erection or maintenance; or(b) inspection and test procedures of lifts and hoists;(ii) He shall be –(a) Conversant with relevant codes of practices and test procedures that are current;(b) Conversant with other statutory requirements conversing the safety of the Hoists and Lifts;(c) able to identify defects and arrive at a reliable conclusion with regard to the safety of Hoists and Lifts.Facilities for load testing, tensile testing, guages equipment/ gadgets for measurement and any other equipment required for determining the safe working conditions of Hoists and Lifts.
4.Section 29 – Lifting Machinery and Lifting TacklesDegree in Mechanical or Electrical or Metallurgical Engineering or its equivalent(ii) A minimum experience of 7 years in-(a) design or erection or maintenance; or(b) testing, examination and inspection, of lifting machinery, chains, ropes and lifting tackles.(ii) He shall be –(a) Conversant with the relevant codes of practices and test procedures that are current;(b) Conversant with fracture mechanics and metallurgy of the material of construction;(c) Conversant with heat treatment/ stress relieving techniques as applicable to stress bearing components and parts of lifting machinery and lifting tackles;(d) capable of identifying defects and arriving at a reliable conclusion with regard to the safety of lifting machinery, chains, ropes, and lifting tackles.Facilities for load testing, tensile testing, heat treatment, equipment/gadget for measurement, gauges and such other equipment to determine the safe working conditions of the lifting machinery tackle.
5Section 31 –‘Pressure PlantDegree in Chemical or Electrical or Metallurgical or Mechanical Engineering or its equivalent.(ii) A minimum experience of 10 years in(a) design or erection or maintenance, or(b) testing, examination and inspection of pressure plants.(ii) He shall be –(a) Conversant with the relevant codes of practices and test procedures relating to pressure vessels;(b) Conversant with statutory requirements concerning the safety of unfired pressure vessels and equipment operating under pressure;(c) Conversant with non-destructive testing techniques as are applicable to pressure vessels;(d) able to identify defects and arrive at a reliable conclusion with regard to the safety of pressure plants.Facilities for carrying out hydraulic test, non-destructive test, gauges equipment/ gadgets for measurement and any other equipment or gauges to determine the safety in use of pressure vessels.
6(ii) Section 36 –Precautions against dangerous fumes(ii) Rules made under Sections 41 112 concerning ship-building and ship repairs,(ii) Handling and processing of asbestos,(ii) Manufacture of Rayon by viscose process,(v) Foundry operations.Masters degree in Chemistry, or a degree in Chemical Engineering.(i) a minimum of 7 years in collection and analysis of environmental samples and calibration of monitoring equipment;(ii) He shall –(a) be conversant with the hazardous properties of chemicals and their permissible limit values;(b) be conversant with the current techniques of sampling and analysis of the environmental contaminants; and(c) be able to arrive at a reliable conclusion as regards the safety in respect of entering and carrying out hot work.Meters, instruments and devices duly calibrated and certified for carrying out the tests and certification of safety in working in confined spaces.
7Ventilation systems as required under various Schedules framed under Section 87, such as Schedules on –(ii) Grinding or glazing or metals and processes and incidental thereto,(ii) Cleaning or smoothing, roughening, etc. of articles, by a jet sand, metal shot, or grit, or other abrasive propelled by a blast of compressed air of steam.Degree in Mechanical or Electrical Engineering or equivalent.(i) A minimum of 7 years in the design, fabrication, installation, testing of ventilation system and systems used for extraction and collection of dusts, fumes and vapours and other ancillary equipment.(ii) He shall be conversant with relevant codes of practice and tests procedures that are current in respect of ventilation and a traction system for fumes, and shall be able to arrive at a reliable conclusion with regard to effectiveness of the system.Facilities for testing the ventilation system, instruments and gauges for testing the effectiveness of the extraction systems for dusts, vapours and fumes, and any other equipment needed for determining the efficiency and adequacy of these systems. He shall have the assistance of a suitable qualified technical person who can come to a reasonable conclusion as to the adequacy of the system.

(Rules 3 to 13 prescribed under sub-section (I) of Section 6)

3. Submission of plans

The State Government or the Chief Inspector Rules of Factoriesmay require, for the purposes of the Act, submission of plans ofany factory which was either in existence on the date of commencement of the Act or which has not been constructed or extended since then. Such plans shall be drawn to the scale showing :

  • the site of the factory and immediate surroundings includingadjacent buildings and other structure, roads, drains, etc.
  • the plan, elevation and necessary cross sections of the factorybuildings indicating all relevant details relating to natural lighting,ventilation and means of escape in case of fire, and the positionof the plant and machinery, aisles and passageways; and
  • such other particulars as the State Government or the ChiefInspector, as the case may be, may require.
4. Approval of plans
  • No site shall be used for the location of a factory or no building in a factory be constructed, reconstructed, extendedor taken into use as a factory or part of a factory, or any otherextension of plant or machinery carried out in a factory unlessprevious permission in writing is obtained from the State Government or the Chief Inspector.
  • Application for such permission shall be made in Form 1 which shall be accompanied by the following documents:-
    • a flow chart of the manufacturing process supplemented by abrief description of the process in its various stages;
    • plans, in duplicate, drawn to scale showing
      • the site of the factory and immediate surroundings including adjacent building and other structures, roads, drains, etc.;
      • theplan,elevationandnecessarycross-sectionsofthevariousbuildings indicating all relevant details relating to natural lighting, ventilation and means of escape in case offire. The plans shall also clearly indicate the position of theplant and machinery, aisles and passageways;
    • such other particulars as the Chief Inspector may require.
  • If the Chief Inspector is satisfied that the plans are inconsonance with the requirements of the Act he shall, subjectto such conditions as he may specify, approve them by signing and returning to the applicant one copy of each plan or he may call for such other particulars as he may require to enablesuch approval to be given.
5. Certificate of Stability
  • No manufacturing process shall be carried on in any building of a factory constructed, reconstructed or extended, or in anybuilding which has been taken into use as a factory until acertificate of stability in respect of that building in the form factory to the Chief Inspector, and accepted by him.

    Form of Certificate of Stability

    • Name of the factory : ............................
    • Village, town and district in which the factory is situated:...........................
    • Full postal address of the factory : ............................
    • Name of the occupier of the factory : ............................
    • Nature of manufacturing process to be carried on in the factory : ............................
    • Number of floors on which workers will be : ............................ employed

      I certify that I have inspected the building/buildings the plans of which have been approved by the Chief Inspector in his letter No................ dated ......... and examined the various parts including the foundationswithspecial reference to the machine, plant etc., that have beeninstalled. I am of the opinion that the building/buildings which has/have been constructed/ reconstructed/extended/ taken into use is/are in accordance with the plans approved by the Chief Inspector in his letter mentionedabove,thatit/they/are structurally sound and that its/their stability will not be endangered by its/their use as factory/partof factory for the manufacture of .......... for which the machinery, plant, etc. installed are intended.

      Signature :..............................
      Qualifications :..............................
      Address :..............................
      Date :..............................

      If employed by a company or association, name and address of the company or association]

  • The Certificate of Stability referred to in sub-rule (1) shall besigned by a competent person.

    Applications for registration and grant of licence

    The occupier of every factory shall submit to the Chief Inspector an application in triplicate in form for the registration of the factory and grant of licence.

    Provided that the occupier of premises in use as a factory on the date of commencement of these rules shall submit such application within 30 days from the date of commencement of these rules.

6. Applications for registration and grant of licence

The occupier of every factory shall submit to the Chief Inspector an application in triplicate in Form 6 for the registration of the factory and grant of a licence.

7. Grant of licence
  • A licence to work a factory may be granted by the ChiefInspector in Form prescribed for the purpose and on paymentof the fees specified in the schedule hereto.

    Provided that, where the Chief Inspector refused to grant orrenew a licence, he shall record in writing the reasons forsuch refusal and communicate the same to the occupier.
  • Every licence granted under this chapter shall remain in forceupto the 31st of December of the year for which the licenceis granted.

    SCHEDULE

    ---------------------------------------------------------------------------------------------
    Kilowatts | Maximum number of persons to be employed on any
    installed | day during the year
    (Maximum | -------------------------------------------------------------------------
    Kilowatts) | 20 | 50 | 100 | | | |
    ----------------------------------------------------------------------------------------------
        Rs Rs Rs Rs Rs Rs Rs

    Nil
    10
    50
    100
    ---------------------------------------------------------------------------------------------

8. Renewal of licence
  • A licence may be renewed by the Chief Inspector
  • Every application for the renewal of a licence shall be in Form,in duplicate, and shall be madenot less than two monthsbefore the date on which the licence expires, and, if the application is so made, the premises shall be held to be dulylicensed until such date as the Chief Inspectorrenewsthelicence.
  • The same fee shall be charged for the renewal of a licenceas for the grant thereof :
  • Provided that if the application for renewal is not receivedwithin the time specified in sub-rule (2), the licence shall berenewed only on payment of a fee 25 percent in excess of the fee ordinarily payable for the licence.
  • Every licence renewed under this rule shall remain in forceupto the 31st December of the year for which the licence isrenewed.
9. Amendment of licence
  • A licence granted under rule 6 or renewed under rule 7may be amended by the Chief Inspector.
  • A licensee who desires to have his licence amended shall submit it to the Chief Inspector with an application stating the nature of the amendment and reasons therefor.
  • The fee for the amendment of a licence shall be ...... rupees plus the amount (if any) by which the fee tha t would have been payable if the licence had originally been issued in the amended form, exceeds the fee originally paid for the licence :
    Provided that no amendment fee shall be payable when the amendments areproposed simultaneously with theapplication for the renewal of the licence;
    Providedfurtherthatthe occupier of premises inuse as afactoryonthe date of the commencement of these rulesshall submit such application within 30 days from the dateof the commencement of these rules.
10. Transfer of licence
  • The holder of a licence may, at any time before the expiry of the licence, apply for permission to transfer his licence to another person.
  • Such application shall be made to the Chief Inspector who shall, if he approves of the transfer, enter upon the licence, under his signature, an endorsement to the effect that the licence has been transferred to the person named.
  • A fee of ...... rupees shall be charged on each such application.
11. Procedure on death or disability of licensee

If a licensee dies or becomes insolvent, the person carrying on the business o f such licensee shall not be liable to any penalty under the Act for exercising the powers granted to the licensee by the licence during such time as may reasonably be required to allow him to make an application for the amendment of the licence under rule 7 in his own name for the unexpired portion of the original licence.

12. Loss of licence

Where a licence granted under these rules is lost or accidentally destroyed, a duplicate may be granted on payment of a fee of rupees .......

13. Payment of fees
  • Every application under these rules shall be accompanied by a treasury receipt showing that the appropriate fee has been paid into the local treasury, under the head of account ..............................

    Provided that the appropriate fee may alternatively be paid by a crossed cheque or a bank draft on any nationalised bank or by a postal order drawn in favour of the Chief Inspector.

  • If an application for the grant, renewal or amendment of licence is rejected, the fee paid shall be refunded to the applicant.
14. Prohibition of use of premises as factory without a valid licence

An occupier shall not use any premises as a factory or carry on any manufacturing process in a factory unless a licence has been issued in respect of such premises and is in force for the time being :

Provided that if a valid application for grant of licence or renewal of licence has been submitted and the required fee has been paid the premises shall be deemed to be fully licensed until such date as the Chief Inspector grants or renews the licence or refuse in writing to grant or renew the licence.

15. Notice of occupation

Form prescribed under sub-section (1) of Section 7

Notice of occupation

The notice of occupation shall be in Form prescribed under

16. Notice of change of manager

Form prescribed under sub-section (4) of Section 7 and Section 112

Notice of change of manager

The notice of change of manager shall be in Form 4.

Rule 16A

  • Without prejudice to the general responsibility of the occupier to comply with the provisions of Section 7(A), the Chief Inspector may, from time to time, issue guidelines and instructions regarding the general duties of the occupier relating to health, safety and welfare of all workers while they are at work in the factory.
  • The occupier shall maintain such records, as may be prescribed by the Chief Inspector, in respect of monitoring of working environment in the factory.
Chapter II Inspecting Staff
17. Qualifications of an Inspector

Rule prescribed under sub-section (I) of Section 8

17. Qualifications of an Inspector

No person shall be appointed as an Inspector for the purpose of the Act unless he possesses the qualifications as hereunder :

  • he must not be less than 23 years or more than 35 years of age
  • he must have -
    • had a good general education up to the pre-degree standard of a recognized university
    • secured a degree, to diploma equivalent to a degree of a recognized university, in any branch of engineering, technology or medicine and preferably with practical experience of atleast two years in a workshop or a manufacturing concern of good standing and in the case of Medical Inspector an experience of at least two years in public hospital or factory medical department or alternatively a diploma in Industrial Medicine and
  • where for a particular post special knowledge, to deal with special problems, is required, the Government may, in addition to the basic qualifications, prescribe appropriate qualification for such a post.
18. Powers of Inspectors

Rules prescribed under Section 9

18. Powers of Inspectors:

An Inspector shall, for the purpose of the execution of the Act, have power to do all or any of the following things, that is to say

  • to photograph any worker, to inspect, examine, measure, copy, photograph, sketch or test, as the case may be, any building test, any building or room, any plant, machinery, appliance or apparatus, any register or document, or anything provided for the purpose of securing the health, safety or welfare of the workers employed in a factory
  • in the case of an Inspector who is duly qualified medical practitioner, to carry such medical examinations as may be necessary for the purposes of his duties under the Act; and
  • to prosecute, conduct or defend before a Court any complaint or other proceeding arising under the Act or in discharge of his duties as an Inspector.
19. Duties of Certifying Surgeon

Rules prescribed under Sub-Section (4) of section 10

19. Duties of Certifying Surgeon

  • For the purpose of examination and certification of young persons who wish to obtain certificates of fitness, the Certifying Surgeon shall arrange a suitable time and place for the attendance of such persons, and shall give previous notice in writing of such arrangement to the manager of factories situated within the local limit assigned to him.
  • The Certifying Surgeon shall issue his certificates in Form. The foil and counterfoil shall be filled in and the signature orthe left thumb impression of the person in whose namethe certificate is granted shall betaken on them. Onbeing satisfied as to the correctness of the entries madetherein and of the fitness of the person examined, he shallsign the foil and initial the counterfoil and shall deliver thefoil to the person in whose name the certificate is granted. The foil so delivered shall be the certificate of fitnessgranted under section 69. All counterfoils shall be kept by the Certifying Surgeon for a period of at least 2 years afterthe issue of the certificate.
  • The Certifying Surgeon shall, upon request by the ChiefInspector, carry out such examination and furnish him withsuch report as he may indicate, for any factory or classor description of factories where :-
    • cases of illness have occurred which it is reasonable tobelieve are due to the nature of the manufacturing processcarried on, or other conditions of work prevailing therein;or
    • by reason of any change in the manufacturing processcarried on, or in the substances used therein, or by reason of the adoption of any new manufacturing process or ofany new substance for use in a manufacturing process, there is a likelihood of injury to the health of workersemployed in that manufacturing process; or (c) young persons are, or are about to be, employed in any work which is likely to cause injury to their health.
  • For the purpose of the examination of persons employedin processing covered by the rules relating to dangerousoperations, the Certifying Surgeon shall visit the factorieswithin the local limits assigned to him at such intervals asare prescribed by the rules relating to such dangerous operations.
  • At such visits, the Certifying Surgeon after examining a worker, shall issue a Certificate of Fitness in Form........ The record of examination and re-examinations carried out shall be kept in the custody of the manager of the factory. The record of each examination carried outunder sub-paragraphs (1) and (2), including the natureand the results of the tests, shall also be entered by the Certifying Surgeon in a health register in Form 6.
  • IftheCertifyingSurgeon finds,as aresult of hisexamination that any person employed in such process is no longer fit for medical reasons to work in that process,he shall suspend such person from working in thatprocess for such time as he may think fit and no personafter suspension shall be employed in that processwithout the written sanction of the Certifying surgeon inthe health register.
  • The manager of a factory shall afford to the CertifyingSurgeon facilities to inspect any process in which anyperson is employed or is likely to be employed.
  • The manager of a factory shall provide for the purpose ofany medical examination which the Certifying Surgeonwishes to conduct at the factory (for his exclusive use onthe occasion of an examination) a room which shall beproperly cleaned and adequately ventilated and lighted and furnished with a screen, a table(with writingmaterials) and chairs.
Chapter III Health
20. Record of whitewashing, etc.

Register prescribed under sub-section (i) of Section 11

20. Record of whitewashing, etc.

The record of dates on which white washing, colour washing, varnishing, etc. are carried out shall be entered in a register maintained in Form......

21. Cleanliness of walls and coiling

Exemptions under sub-section (2) of section 11

21. Cleanliness of walls and coiling

  • Clause (d) of sub-section (1) of section 11 of the Act shall not applyto the class or description of factories or parts of factories specifiedin the schedule hereto

    Provided that they are kept in a clean state by washing, sweeping,brushing, dusting, vacuum cleaning or other effective means. Provided further that they are kept in a clean state by washing, sweeping,brushing, dusting, vacuum cleaning or other effective means.Provided further that the said clause (d) shall continue to apply
    • as respects factories or parts of factories specified in part A of thesaid schedule, to workrooms in which the amount of cubic spaceallowed for every person employed in the room is less than 14.2 Cubic meters;
    • as respects factories or parts of factories specified in part B of the said schedule, to workrooms in which the amount of cubicspace allowed for every person employed in the room is lessthan 70.0 cubic meters;
    • to engine-houses, fitting shops, lunchrooms, canteens, shelters,creches, cloakrooms, rest rooms and wash places; and
    • to such parts of walls, sides and tops of passages and staircases as are less than 6 meters above the floor or stair.
  • If it appears to the Chief Inspector that any part of a factory, towhich by virtue of sub-rule (1) any of the provisions of the saidclause(d) do not apply, or apply as varied by sub-rule (1), is notbeing kept in a clean state, he may, by written notice, require theoccupier to whitewash or colour wash, paint or varnish the same,and in the event of the occupier failing to comply with such requisition within two months from the date of the notice, sub-rule (1) shall cease to apply to suchpart of a factory, unless theChief Inspector otherwise determines.

SCHEDULE

Part A
  • Blast furnaces.
  • Brick and tile works in which unglazed bricks or tiles are made.
  • Cement Works
  • Chemical works.
  • Copper mills.
  • Gas works.
  • Iron and Steel mills.
  • Stone, slate and marble works.
  • The following parts of factories :
    • Rooms used only for the storage of articles.
    • Rooms in which the walls or ceilings consist of galvanised iron,glazed bricks, glass, slate, asbestos, bamboo or thatch.
    • Parts in which dense steam is continuously evolved in theProcess.
    • Parts in which pitch, tar or like material is manufactured or is used to substantial extent, except in brush works.
    • Parts of a glass factory known as glass house.
    • Rooms in which graphite is manufactured or is used to a substantial extent in any process.
    • Parts in which coal, coke, oxide of iron, ochre, lime or stone is crushed or ground
    • Parts of walls, partitions, ceilings or tops of rooms which are at least 6 meters above the floor.
    • Ceilings or tops of rooms in print works, bleach works or dyeworks, with the exception of finishing rooms or warehouses.
    • Inside walls of oil mills below a height of 1.5 meters from theground floor level.
    • Inside walls in tanneries below a height of 1.5 meters from theground floor level where a wet process is carried on

Part B

  • Coach and motor body works.
  • Electric generating or transforming stations.
  • Engineering works.
  • Factories in which sugar is refined or manufactured.
  • Foundries other than foundries in which brass casting iscarried on.
  • Gun factories.
  • Shipbuilding works.
  • Those parts of factories where unpainted or unvarnished woodis manufactured.
22. Disposal of Trade Wastes and Effluents

Rules prescribed under sub-section (2) of section 12

22. Disposal  of Trade Wastes and Effluents

The arrangements  made  in every  factory for the treatment of wastes and effluents due to the  manufacturing  processes carried on therein shall be in  accordance  with  those approved by the relevant Water and Air Pollution  Boards appointed  under the Water (Prevention &  Control  of  Pollution)  Act, 1974  and the Air (Prevention & Control Of Pollution) Act, 981 and other appropriate authorities. 

23. Ventilation and temperature

Rules prescribed under section 13

23. Ventilation and temperature

  • Limits of temperature and air movement :

    In any factory the maximum wet-bulb temperature of air in aworkroom at a height of 1.5 meters above the floor level shall notexceed 30 degrees centigrade and adequate air movement of atleast 30 meters per minute shall be provided; and in relation todry-bulb temperature, the wet-bulb temperature in the workroomat the said height shall not exceed that showninthescheduleannexed hereto,or asregardsadry-bulbreading intermediate between thetwodry-bulb readings thatspecified inrelationto the higher of these two dry-bulb readings :

    SCHEDULE

    Dry-bulb Temperature Wet-bulb temperature
    (Degrees Centigrade)(Degrees Centigrade)

    Dry-bulb Temperature (Degrees Centigrade)Wet-bulb temperature (Degrees Centigrade)
    30 to 3429
    35 to 3928.5
    40 to 4428
    45 to 4727.5

    Provided that if the temperature measured with a thermometer inserted in a hollow globe of 15 centimeters diameter coated mat black outside andkept in the environment for not less than 20 minutes exceeds the dry-bulb temperature of the air, the temperature so recorded by he globethermometer shall be taken in place of the dry-bulb temperature.

    Provided further that when the reading of the wet-bulb temperature outside in the shade exceeds 27 degrees centigrade, the value of thewet-bulb temperature allowed in the schedule for a given dry-bulbtemperature may be correspondingly exceeded to the same extent.

    Provided further that this requirement shall not apply in respect offactories covered by section 15 and in respect of factories where thenature of work carried on involves production of excessively hightemperatures referred to in clause (ii) of sub-section (1) to whichworkers are exposed for short periods of time not exceeding one hourfollowed by an interval of sufficient duration in thermal environmentsnot exceeding those otherwise laid down in this rule.

    Provided further that the Chief Inspector, having due regard to the health of the workers, may in special and exceptional circumstances, by anorder in writing exempt any factory or part of a factory from the foregoing requirement, in so far as restricting the thermal conditionswithin the limits laid down in the schedule are concerned, to the extent that he may consider necessary subject to such conditions as he mayspecify.

  • Provision of thermometers
    • If it appears to the Inspector that in any factory, thetemperature of air in a workroom is sufficiently high and is likely to exceed the limits prescribed in sub-rule (1), he may serve on the manner of the factory an order requiring him to provide sufficient number of whirling hygrometers or anyother type of hygrometers and direct that the dry-bulb and wet-bulb readings in each such workroom shall be recordedat such positions as approved by the Inspector twice duringeach working shift by a person especially nominated for the purpose by the manager and approved by the Inspector.
    • If the Inspector has reason to believe that a substantialamount of heat is added inside the environment of aworkroom by radiation from the walls, roof or other solid surroundings, he may serve on the manager of the factory anorder requiring him to provide one or more globe thermo-meters referred to in the first proviso in sub-rule (1) and further requiring him to place the globe thermometers at places specified by him and keep a record of the temperatures in a suitable register.
  • Ventilation
    • In every factory the amount of ventilating openings in a workroom below the eaves shall, except where mechanical meansof ventilation as required by clause (b) below are provided, be of an aggregate area of not less than 15% of the floorarea and so located as to afford a continued supply of freshair

      Providedthatthe ChiefInspectormayrelaxtherequirements regarding the amount of ventilatingopenings if he is satisfied that having regard to the location of the factory, orientationofthefactory, orientation of the workroom, prevailing winds, roof heightand the nature of manufacturing process carried on, sufficient supplyof fresh air into the workroom is afforded during most part of theworking time.

      Provided further that this requirement shall not apply in respect ofworkrooms of factories :

      • covered by section 15; or
      • in which temperature and humidity are controlled by refrigeration.
    • Where in any factory owing to special circumstances such as

      situation with respect to adjacent buildings and height of theventilation openings under clause (a) of this sub-rulecannot becomplied with or in the opinion of the inspector the temperatureofair in a workroom is sufficiently high and islikely to exceed the limits prescribed in sub-rule (1) he may serve on the manager of the factory an order requiring him to provide additional ventilation either by means of roofventilators or by mechanical means.

    • The amount of fresh air supplied by mechanical meansof ventilation an hour shall be equivalent to at least sixtimes the cubic capacity of the workroom and shall be distributed evenly throughout the workroom without t deadair-pockets or undue draughts caused by high inlet velocities.
    • in the regions where in summer (15th March-15th July)dry-bulb temperatures of outside air in the shade during mostpartofthedayexceed35degrees centigrade andsimultaneouswet-bulbtemperaturesare25 degrees centigrade or below in the opinion of the Inspector the manufacturing process carried on intheworkroom of a factory permits thermal environments with relative humidity of 50% or more, the Inspector may serve on the managerof the factory an order to have sufficient supply of outside airfor ventilationcooledbypassingitthroughwatersprayseither by means of unittypeofevaporativeaircoolers(desertcoolers)or, where supply of outside air is provided by mechanical means through ducts in a plenum system, by means of central air washing plants.
24. When artificial humidification not allowed

Rules 24 to 34 prescribed under sub-section (1) of section 15

24. When artificial humidification not allowed

There shall be no artificial humidification in any room of a cotton spinning or weaving factory :

  • By the use of steam during any period when the dry-bulb temperature of that room exceeds 29.5 degrees centigrade; and
  • at any time when the wet-bulb reading of the hygrometer is higher than that specified in the following schedule in relation to the dry-bulb reading of the hygrometer at that time; or as regards a dry-bulb reading intermediate between any two dry-bulb readings indicated consecutively in the schedule when the dry-bulb reading does not exceed the wet-bulb reading to the extent indicated in relation to the lower of these two dry-bulb readings :-

    SCHEDULE

    Readings in degrees centigrade
    Dry-bulbWet-bulbDry-bulbWet-bulbDry-bulbWet-bulb
    15.514.525.024.034.530.0
    16.015.025.524.535.030.5
    16.515.526.025.035.531.0
    17.016.026.525.536.031.0
    17.516.027.026.036.531.5
    18.016.527.526.037.031.5
    18.517.028.026.537.531.5
    19.018.028.527.038.032.0
    19.518.529.027.038.532.0
    20.019.029.528.039.032.0
    20.519.530.028.039.532.5
    21.020.030.528.540.032.5
    21.520.531.028.540.533.0
    22.021.031.529.041.033.0
    22.521.032.029.041.533.0
    23.021.532.529.042.033.0
    23.522.033.029.542.533.0
    24.023.033.529.543.033.5
    24.523.534.030.043.533.5

    Provided, however, that clause (b) shall not apply when the difference between the wet-bulb temperature as indicated by the hygrometer in the department concerned and the wet-bulb temperature taken with a hygrometer outside in the shade is less than 2 degrees.

25. Provision of hygrometers

25. Provision of hygrometers

In all departments of cotton spinning and weaving mills wherein artificialhumidification is adopted, hygrometers shall be provided and maintainedin such positions as are approved by the Inspector. The number ofhygrometers shall be regulated according to the following scale :-

  • Weaving department:

    One hygrometer for departments with less than 500 looms, andone additional hygrometers for every 500 or part of in excess of 500.

  • Other departments:

    One hygrometer for each room of less than 8500 cubic meterscapacity and one extra hygrometer for each 5670 cubic meters orpart thereof, in excess of this.

  • One additional hygrometer shall be provided and maintainedoutside each cotton spinning and weaving factory whereinartificial humidification is adopted, and in a position approved bythe Inspector, for taking hygrometer shade readings.
26. Exemption from maintenance of hygrometers

26. Exemption from maintenance of hygrometers

When the Inspector is satisfied that the limits of humidity allowed by the schedule to rule 23 are never exceeded, he may, for any department other than the weaving department, grant exemption from the maintenance of hygrometer. The Inspector shall record such exemption in writing.

27. Copy of schedule to rule 23 to be affixed near every hygrometer

27. Copy of schedule to rule 23 to be affixed near every hygrometer

A legible copy  of  the  schedule  to  rule  23  shall  be  affixed  near  each hygrometer. 

28. Temperature to be recorded at each hygrometer

28. Temperature to be recorded at each hygrometer

At each hygrometer maintained in accordance with rule 24, correct wet and dry-bulb temperature shall be recorded thrice daily by the manager and approved by the Inspector. The temperature shall be taken between 7 a.m. and 9 a.m., between 11 a.m. and 2 p.m. In exceptional circumstances, such additional readings be taken and between such hours, as the Inspector may specify, shall be taken. The temperatures shall be entered in a humidity register in the prescribed Form......., maintained in the factory.

At the end of each month, the persons who have taken the readings shall sign the register and certify in the register the correctness of the entries. The register shall always be available for inspection by the Inspector.

29. Specifications of hygrometer

29. Specifications of hygrometer

  • Each hygrometer shall comprise of two mercurial thermometers of wet-bulb and dry-bulb of similar construction, and equal in dimensions, scale and divisions of scale. They shall be mounted on a frame with a suitable reservoir containing water.
  • The wet-bulb shall be closely covered with a single layer of muslin, kept wet by means of a wick attached to it and dropping into the water in the reservoir. The muslin covering and the wick shall be suitable for the purpose, clean and free from grease.
  • No part of the wet-bulb shall be within 76 millimeters from the dry-bulb or less than 25 millimeters from the surface of the water in the reservoir and the water reservoir shall be below it, on the side of it away from the dry-bulb
  • The bulb shall be spherical and of suitable dimensions and shall be freely exposed on all sides to the air of the room.
  • The bores of the stems shall be such that the position of the top of the mercury column shall be readily distinguishable at a distance of 60 centimeters.
  • Each thermometer shall be graduated so that accurate readings may be taken between 10 and 50 degrees centigrade.
  • Every degree from 10 degrees upto 50 degrees shall be clearly marked by horizontal lines on the stem, each fifth degree shall be marked by longer marks than the intermediate degrees and the temperature marked opposite each fifth degree, i.e., 10, 15, 20, 25, 30, 35, 40, 45, 50.
  • The marking as above shall be accurate, that is to say, at no temperature between 10 and 50 degrees, shall the indicated readings be in error by more than one ninth of a degree.
  • A distinctive number shall be indelibly marked upon the thermometer.
  • The accuracy of each thermometer shall be certified by the National Physical Laboratory, Delhi, or some competent authority appointed by the Chief Inspector and such certificate shall be attached to the humidity register.
30. Thermometers to be maintained in efficient order

30. Thermometers to be maintained in efficient order

Each thermometer shall be maintained at all times during the period of employment in efficient working order, so as to give accurate indications and in particular :-

  • the wick and the muslin covering of the wet-bulb shall be renewed once a week;
  • the reservoir shall be filled with water which shall be completely renewed once a day. The Chief Inspector may direct the use of distilled water or pure rain water in any particular mill or mills in certain localities; and
  • no water shall be applied directly to the wick or covering during the period of employment.
31. Inaccurate thermometer not to be used without fresh certificate

31. Inaccurate thermometer not to be used without fresh certificate

If an Inspector gives notice in writing that a thermometer is not accurate, it shall not, after one month from the date of such notice, be deemed to be accurate unless and until it has been re-examined as prescribed and a fresh certificate obtained, which certificate shall be kept attached to the humidity register.

32. Hygrometer not to be affixed to wall, etc. unless protected by wood

32. Hygrometer not to be affixed to wall, etc. unless protected by wood

  •  No  hygrometer  shall  be affixed to a wall,  pillar,  or  other surface  unless   protected  therefrom  by  wood  or  other  non-conducting  material atleast 12 millimeters in  thickness  and distant   of at  least  25  millimeters  from  the bulb  of   each thermometer.
  •  No  hygrometer   shall   be  fixed  at  a  height  of  more   than  170  centimeters from the floor to the top of  thermometer stem or in the  direct  draughts from a fan, window, or ventilating opening.
33. No reading to be taken within 15 minutes of renewal of water

33. No reading to be taken within 15 minutes of renewal of water

No reading shall be taken for record on any hygrometer within 15 minutes of the renewal of water in the reservoir.

34. How to introduce steam for humidification

34. How to introduce steam for humidification

In any room in which steam pipes are used for the introduction of steam for the purpose of artificial humidification of the air the following provisions shall apply :-

  • the diameter of such pipes shall not exceed 50 millimeters and in the case of pipes installed after 1st day of ..................., diameter shall not exceed 25 millimeters
  • such pipes shall be as short as is reasonably practicable
  • all hangers supporting such pipes shall be separated from the bare pipes by an efficient insulator of not less than half an inch in thickness;
  • no uncovered jet from such pipe shall project more than 11.5 centimeters beyond the outer surface of any cover;
  • the steam pressure shall be as low as practicable and shall not exceed 5 kilograms per square centimeter; and
  • the pipe employed for the introduction of steam into the air in a department shall be efficiently covered with such non-conducting material, as may be approved by the Inspector in order to minimize the amount of heat radiated by them into the department.
35. Lighting of interior parts

Rules 35 to 37 prescribed under sub-section (4) of section 17

35. Lighting of interior parts

  • The general illumination over those interior parts of a factory where persons are regularly employed shall be not less than 65 lux measures in the horizontal plane at a level of 90 centimeters above the floor:

    Provided that in any such parts in which the mounting height of the light source for general illumination necessarily exceeds 7.6 meters measured from the floor or where the structure of the room or the position or construction of the fixed machinery or plant prevents the uniform attainment of this standard, the general illumination at the said level shall be not less than 22 lux and where work is actually being done the illumination shall be not less than 65 lux.

  • The illumination over all other interior parts of the factory over which persons employed shall, when and where a person is passing, be not less than 5 lux at floor level.
  • The standard specified in this rule shall be without prejudice to the provision of any additional illumination required to render the lighting sufficient and suitable for the nature of the work.
36. Prevention of glare

36. Prevention of glare

  • Where any source of artificial light in the factory is less than 4.9 meters above floor level, no part of the light source or of the lighting fitting having a brightness greater than 1.55 candles per square centimeter (4.87 lamberts) shall be visible to persons whilst normally employed within 30 meters of the source, except where the angle of elevation from the eye to the source or part of the fitting as the case may be, exceeds 20 degrees.
  • Any local light, that is to say an artificial light designed to illuminate particularly the area or part of the area of work of a single operative or small group of operatives working near each other, shall be provided a suitable shade of opaque material to prevent glare or with other effective means by which the light source is completely screened from the eyes of every person employed at a normal working place, or shall be so placed that no such person is exposed to glare therefrom.
37. Power of Chief Inspector to exempt

37. Power of Chief Inspector to exempt

Where the Chief Inspector is satisfied in respect of any particular factory or part thereof or in respect of any description of workroom or process that any requirement of rules 35 and 36 is inappropriate or is not reasonably practicable, he may by order in writing exempt the factory or part thereof, or description of workroom or process from such requirement to such extent and subject to such conditions as he may specify.

38. Quantity of drinking water

Rules 38 to 43 prescribed under sub-section (4) of section 18

38. Quantity of drinking water

The quantity of drinking water to be provided for the workers in every factory shall be atleast 5 litres per worker employed in the factory and such drinking water shall be readily available at all times during working hours.

39. Source of supply

39. Source of supply

The water provided for drinking shall be supplied :

  • from the public water supply system, or
  • from any other source approved in writing by the Health Officer.
40. Means of supply

40. Means of supply

If drinking water is not supplied directly from taps either connected with public water supply system or any other water supply system of the factory approved by the Health Officer, it shall be kept in suitable vessels, receptacles or tanks fitted with taps and having dust proof covers, and placed on raised stands or platforms in shade and having suitable arrangement of drainage to carry away the split water. Such vessels, receptacles or tanks shall be kept clean and the water renewed at least once every day. All practicable measures shall be taken to ensure that the water is free from contamination.

41. Cleanliness of well or reservoir
  • Drinking Water shall not be supplied from any open well or reservoir unless it is so constructed, situated, protected and maintained as to be free from the possibility of pollution by chemical, or bacterial and extraneous impurities.
  • Where drinking water is supplied from such well or reservoir, the water in it shall be sterilized once a week or more frequently if the Inspector by written order so requires, and the date on which sterilizing is carried out shall be recorded

    Provided that this requirement shall not apply to any such well or reservoir if the water therein is filtered and treated to the satisfaction of the Health Officer before it is supplied for consumption.

42. Report from Health Officer

42. Report from Health Officer

The Inspector may by order in writing direct the manager to obtain, at such time or at intervals as he may direct, a report from the Health Officer as to the fitness for human consumption of the water supplied to the workers, and in every case to submit to the Inspector a copy of such report as soon as it is received from the Health Officer.

43. Cooling of water

43. Cooling of water

In every factory wherein more than two hundred and fifty workers areordinarily employed :-

  • the drinking water supplied to the workers shall from the ........….. to the ............ in every year, be cooled by ice or othereffectivemethod :

    Provided that if ice is placed in the drinking water, the ice shall be clean and wholesome and shall be obtained only from a sourceapproved in writing by the Health Officer;

  • the cooled drinking water shall be supplied in every canteen, lunchroom and rest room and also at conveniently accessible points throughout the factory which for the purpose of these rules shall be called "water centers";
  • the water centers shall be sheltered from the weather andadequately drained;
  • the number of water centers to be provided shall be one "center" for every 150 persons employed at any one time in the factory :

    Provided that in the case of a factory where the number of persons employed exceeds 500 it shall be sufficient if there is one such "center" as aforesaid for every 150 persons upto the first 500 and one for every 500 persons thereafter;

    Provided further that the distance between the place of work of any worker shall not be more than 50 meters from the nearest water center or any distance as may be specified by the inspector.

  • every water center shall be maintained in a clean and orderlycondition; and
  • the means of supply of cooled drinking water shall be eitherdirectly through taps connected to water coolers or any other system for cooling of water, or by means of vessels, receptacles or tanks fitted with taps and having dust proof covers and placed on raised stands or platforms in shade, and having suitable arrangement of drainage to carry away split water. Such vessels, receptacles or tanks shall be kept clean and the water renewed atleast once every day.
44. Latrine accommodation

Rules 44 to 53 prescribed under sub-section (3) of section 19

44. Latrine accommodation

Latrine accommodation shall be provided in every factory on the following scale :-

  • where females are employed, there shall be at least on latrine for every 25 females
  • where males are employed, there shall be at least one latrine for every 25 males

    Provided that where the number of males exceeds 100, it shall be sufficient if there is one latrine for every 25 males up to the first 100, and one for every 50 thereafter.

    In calculating the number of latrines required under this rule, any odd number of workers less than 25, or 50, as the case may be, shall be reckoned as 25 or 50.

45. Latrines to conform to public health requirements

45. Latrines to conform to public health requirements

Latrines, other than those connected with an efficient water borne sewage system shall, comply with the requirements of the Public Health authorities.

46. Privacy of latrines

46. Privacy of latrines

Every latrine shall be under cover and so partitioned off as to secure privacy, and shall have a proper door and fastenings.

47. Sign Boards to be displayed

47. Sign Boards to be displayed

Where workers of both sexes are employed, there shall be displayed outside each latrine block a notice "For Men only" or "For Women only" as the case may be, in the language understood by the majority of the workers. The notice shall also bear the figure of a man or of a woman as the case may be.

48. Urinal accommodation

48. Urinal accommodation

Urinal accommodation shall be provided for the use of male workers andthere shall be at least one urinal of not less than 60 centimeters in length for every 50 males:

Provided that where the number of males employed exceeds 500, it shallbe sufficient if there is one urinal for every 50 males upto the first 500 employed, and one for every 100 thereafter.

In calculating the urinal accommodation required under this rule any odd number of workers
less than 50, or 100, as the case may be, shall be reckoned as 50 or 100.

49. Urinals to conform to public health requirements

49. Urinals to conform to public health requirements

Urinals, other than those connected with an efficient water-borne sewage system, and urinals in a factory wherein more than two hundred and fifty workers are ordinarily employed shall comply with the requirements of the Public Health authorities.

50. Certain latrines and urinals to be connected to sewage systems

50. Certain latrines and urinals to be connected to sewage systems

When any general system of underground sewerage with an assured water supply for any particular locality is provided in a municipality, all latrines and urinals of a factory situated in such locality shall, if the factory is situated within 30 meters of an existing sewer, be connected with that sewerage system.

51. Whitewash, colour washing or latrines and urinals

51. Whitewash, colour washing or latrines and urinals

The walls, coilings, and partitions of every latrine and urinal shall be white washed or colour washed and the whitewashing or colour washing shall be repeated at least once in every period of four months. The dates on which the whitewashing or colour washing is carried out shall be entered in the prescribed register (Form ):

Provided that this rule shall not apply to latrines and urinals, the walls, ceilings or partitions of which are laid in glazed tiles or otherwise finished to provide a smooth, polished, impervious surface and that they are washed with suitable detergents and disinfectants at least once in every period of four months.

52. Concentration and maintenance of drains

52. Concentration and maintenance of drains

All drains carrying waste or sludge water shall be constructed in masonry or other impermeable material and shall be regularly flushed and the effluent disposed off by connecting such drains with a suitable drainage line:

Provided that where there is no such drainage line, the effluent shall be deodorized and rendered innocuous and then disposed off in a suitable manner to the satisfaction of the Health Officer.

53. Water taps in latrines

53. Water taps in latrines

  • Where piped water supply is available, sufficient number of water taps, conveniently accessible, shall be provided in or near such latrine accommodation.
  • If piped water supply is not available, sufficient quantity of water shall be kept stored in suitable receptacles near the latrines.
54. Number and location of spittoons

Rules 54 to 56 prescribed under sub-section (2) of section 20

54. Number and location of spittoons

The number and location of the spittoons to be provided shall be to the satisfaction of the Inspector.

55. Type of spittoons

55. Type of spittoons

The spittoons shall be any of the following types :-

  • a galvanized iron container with a conical funnel-shaped cover. A layer of suitable disinfectant liquid shall always be maintained in the container ;
  • a container filled with dry, clean sand, and covered with a layer of bleaching powder; or
  • any other type approved by the Chief Inspector.
56. Cleaning of spittoons

56. Cleaning of spittoons

The spittoon mentioned in clause (a) of rule 55 shall be emptied, cleaned and disinfected at least once every day; and the spittoon mentioned in clause (b) of rule 55 shall be cleaned by scrapping out the top layer of sand as often as necessary or at least once every day.

Chapter IV Safety
57. Further safety precautions

Further precautions prescribed under sub-section (2) of section 21

57. Further safety precautions

Without prejudice to the provisions of sub-section (1) of section 21 in regard to the fencing of machines, the further precautions specified in the schedules annexed hereto shall apply to the machines noted in each schedule.

SCHEDULE I

Textile Machinery except Machinery used in Jute Mills :

1. Application:

The requirements of this schedule shall apply to machinery in factories engaged in the manufacture or processing of textiles other than jute textiles. The schedule would not apply to machinery in factories engaged exclusively in the manufacture of synthetic fibres.

2. Definitions:

For the purpose of this schedule -

  • "Calender" means a set of heavy rollers mounted on vertical sideframes and arranged to pass cloth between them. Calenders mayhave two to ten rollers, or bowls, some of which can be heated.
  • "Embossing calender" means a calender with two or more rolls, one of which is engraved for producing figure effects of variouskinds on a fabric
  • "Card" means a machine consisting of cylinders of various sizes - and in certain cases flats - covered with card clothing and set in relation to each so that fibres in staple form may be separated into individual relationship. The speed of the cylinders and their direction of relation varies. The finished product is delivered as a silver. Cards of different types are : the revolving flat card, the roller and clearer card, etc.
  • "Card clothing" means the material with which the surfaces ofthe cylinder, deffer, flats, etc. of a card are covered and consists of a thick foundation material made of, either textile fabrics through which are pressed many fine closely spacedspecially bent wires, or mounted saw toothed wire.
  • "Comber" means a machine for combing fibres of cotton wool, etc.
  • The essential parts are device for feeding forward a fringe of fibres at regular intervals and an arrangement of combs or pins,which, at the right time, pass through the fringe. All tangledfibres, short fibres, and nips are removed and the long fibresare laid parallel.
  • "Combing machinery" means a general classification of machinery including combers, silver lap machines, ribbon lap machines, andgill boxes, but excluding cards.
  • Rotary staple "cutter" means a machine consisting of one or morerotary blades used for the purpose of cutting textile fibres into staple lengths.
  • "Garnett machine" means any of a number of types of machines foropening hardtwistedwasteofwool,cotton,silk,etc.Essentially,such machines consist of a licker-in; one or more cylinders, each having a competent worker and stripper rolls;andafancy roll and deffer. The action of suchmachines issomewhat like that a wool card, but it is much more severeinthat the various rolls are covered with garnett wire instead ofcard clothing.
  • "Gill box" means a machine used in the worsted system of manufacturing yarns. Its function is to arrange fibres inparallel order. Essentially, it consists of a pair of feed rolls and a series of followers where the followers move at a faster surface speed and perform a combing action.
  • "In running rolls" means any paid of rolls or drums between which there is a "nip".
  • "Interlocking arrangement" means a device that prevents thesetting in motion of a dangerous part of a machine or themachine itself while the guard cover or the door provided tosafeguard against danger is open or unlocked, and which willalso hold the guard, cover or door closed and locked whilethe machine or the dangerous part is in motion.
  • "Kier" means a large metal vat, usually a pressure type, inwhich fabrics may be boiled out, bleached, etc.
  • "Ribbon lapper" means a machine or a part of a machine used toprepare laps for feeding a cotton comb; its purpose is toprovide a uniform lap in which the fibres have been straightened as much as possible.
  • "Sliver lapper" means a machine or a part of a machine in whicha number of parallel card slivers are drafted slightly, laid side by side in a compact sheet, and wound into a cylindrical package.
  • "Loom" means a machine for effecting the interlocking of two series of yarns crossing one another at right angles. The warp yarns are wound on a warp beam and pass through headles and reeds. The filling is shot across in a shuttle and settled in place by reeds and slay, and the fabric is wound on a cloth beam.
  • "Starch mangle" means a mangle that is used specifically forstarching cotton goods. It commonly consists of two large rollsand a shallow open vat with several immersion rolls.Thevatcontains the starch solution.
  • "Water mangle" means a calender having two or more rolls usedfor squeezing water from fabrics before drying. Water mangles also may be used in other ways during the finishing of various fabrics.
  • "Mule" means a type of spinning frame having a head stock and acarriage as its two main sections. The head stock is stationary. The carriage is movable and it carries the spindleswhich draft and spin the roving into yarn. The carriage extendsover the whole width of the machine and moves slowly toward andaway from the head stock during the spinning operation.
  • "Nip" is the danger zone between two rolls or drums which byvirtue of theirpositioning andmovementcreateanippinghazard.
  • "Openers and pickers" means a general classification ofmachinery which includes breaker pickers, intermediate pickers, finisher pickers, single process pickers, multiple processpickers, willow machines, card and picker waste cleaners, threadextractors, shredding machines, roving waste openers,shoddypickers, bale breakers, feeders, vertical openers, lattice cleaners,horizontal cleaners, and any similar machinery equipped with either cylinders, screen section, calender section, rolls, or beaters used for the preparation of stock for further processing.
  • "Paddler" means a trough for a solution and two or more squeezerools between which cloth passes after being passed through amordant or dye bath.
  • "Plaiting machine" means a machine used to lay cloth into folds of regular length for convenience of subsequent process or use.
  • "Roller printing machine" means a machine consisting of a largecentral cylinder, or pressure bowl, around the lower part of theperimeter of which is placed a series of engraved color rollers(each having a color through), a furnisher roller, doctor blades, etc. The machine is used for printing fabrics.
  • "Continuous bleaching range" means a machine for bleaching ofcloth in rope or open-width form with the following arrangement.The cloth, after wetting out, pass through a squeeze roll into asaturator containing a solution of caustic soda and then to anenclosed J-Box. A V-shaped arrangement is attached to the frontpart of the J.Box for uniform and rapid saturation of the cloth with steam before it is packed down the J.Box. The cloth, in a single strand rope form, passes over a guide roll down the first arm of the "V" and up the second. Steam is injected into the"V" at the upper end of the second arm so that the cloth is rapidly saturated with steam at this point. The J-Box capacity is such that cloth will remain hot for a sufficient time to complete the securing action. It then passes a series of washers with a squeeze roll in between. The cloth then passes through a second set of saturator, J-Box and washer, where it is treated with the peroxide solution. By slight modification of the form of the unit, the same process can be applied to open-width cloth.
  • "Mercerizing range" means a 3-bowl mangle, a tenter frame, and a number of boxes for washing and securing. The whole set is in a straight line and all parts operate continuously. The combination is used to saturate the cloth with sodium hydrozide stretch it while saturated, and washing out most of the caustic before releasing tension.

(aa) "Sanforizing machine" means a machine consisting of a large steam-heated cylinder, and endless, thick, wollen felt blanket which is in close contact with the cylinder for most of its perimeter, and an electrically heated shoe which presses the cloth against the blanket while the latter is in a stretched condition as it curves around feed-in roll.

(bb) "Shoaring machine" means a machine used for shoaring cloth. Cutting action is provided by a number of steel bladesspirally mounted on the roller. The roller rotates in close contact with a fixed ledger blade. There may be from one to six such rollers on a machine.

(cc) “Singeing machine" means a machine which comprises of aheater roller, plate, or an open gas flame. The cloth or yarn is rapidly passed over a roller or the plate or through the open gas flame to remove fuzz or hairiness by burning.

(dd) "Slasher" means a machine used for applying a size mixtureto warp yarns. Essentially, it consists of a stand for holding section beans, a size box, one or more cylindrical dryers or an enclosed hot air dryer, and a beaming and for winding the yarn on the loom beams.

(ee) "Tenter frame" means a machine for drying cloth under tension. it essentially consists of a pair of endless traveling chains fitted with clips of fine pins and carried on tracks. The cloth is firmly held at the salvages by the two chains which diverge as they move forward so that the cloth is brought to the desired width.

(ff) "Warper" means a machine for preparing and arranging theyarns intended for thw warp of a fabric, specifically, a beam warper.

3. General safety requirements:

(i). Every textile machine shall be provided with individual mechanical or electrical means for starting and stopping such machines. Belt shifter on machines driven by belts and shafting should be provided with a belt shifter lock of an equivalent positive locking device

(ii). Stopping and starting handles or other controls shall be of such design and so positioned as to prevent the operator’s hand or fingers from striking against any moving part of any other part of the machine

(iii) All belts, pulleys, gears, chains, sprocket wheels,andother dangerous moving parts of machinery which either form part of the machinery or are used in association with it, shall be securely guarded.

4. Openers and pickers:

  • In all opening or picker machinery, beaters and other dangerousparts shall be securely fenced by suitable guards so as to prevent contact with them. Such guards and doors or covers oropenings giving access to any dangerous part of the machineryshall be provided with interlocking arrangement.

    Provided that in the case of doors or covers of openings giving access to any dangerous part, other than better covers, instead of the interlocking arrangement, such openings may be so fenced by guards which prevent access to any such dangerous part and which is either kept positively locked in position or fixed insuch a manner that it cannot be removed without the use of hand tools.

  • Thefeedrools on all opening and picking machinery shall becovered withaguard designed to prevent the operator fromreaching the nip while the machinery is in operation.
  • The lap forming rollers shall be fitted with a guard or cover which shall prevent access to nip at the intake of the lap roller and fluted roller as long as the weighted rack is down. The guard or cover shall be so locked that it cannot be raised until the machine is stopped, and the machine cannot be started until the cover or guard is closed.

    Provided that the foregoing provision shall not apply to the machines equipped with automatic lap forming devices.

    Provided further any such machine equipped with an automatic lap forming device shall not be used unless the automatic lap forming device is in efficient working order.

5. Cotton cards:

  • All cylinder doors shall be secured by inter-locking arrangement which shall prevent the door being opened until the cylinder has ceased to revolve and shall render it impossible to restart the machine until the door has been closed.

    Provided that the latter requirement in respect of the automatic locking device shall not apply while stripping or grinding operations are carried out;

    Provided further that stripping or grinding operations shall be carried out only by specially trained adult workers wearing tight fitting clothing whose names have been recorded in the register prescribed in this behalf as required in sub-section(1) of section 22.

  • Thelicker-in shall be guarded so as to prevent accessto the dangerous parts.
  • Everycardshall be equipped with an arrangementthatwouldenable thecard cylinder to be drivenby powerduringstripping/grinding operations without having to either shift themain belt to the fast pulley of the machine or to dismantle theinterlocking mechanism. Such an arrangement shall be used only for stripping or grinding operations.

6. Garnett machines:

  • Garnett licker-ins shall be enclosed.
  • Garnett fancy rolls shall be enclosed by guards. These shall be installed in a way that keeps worker rolls reasonably accessiblefor removal or adjustment.
  • The underside of the garment shall be guarded by a screen mesh or other form of enclosures to prevent access.

7. Gill boxes:

  • The feed end shall be guarded so as to prevent fingersbeing caught in the pins of the intersecting fallers.
  • All nips of in-running rolls shall be guarded by suitable nipguards conforming to the following specifications.

Any opening which the guard may permit when fitted in position shall be so restricted with respect to the distance of the opening from any nip point through that opening and in any circumstances the maximum width of the opening shall not exceed the following :

Distance of opening from nip pointMaximum width of opening
0 to 38 mm6 mm
39 to 63 mm10 mm
64 to 88 mm13 mm
89 to 140 mm15 mm
141 to 165 mm15 mm
141 to 165 mm19 mm
166 to 190 mm22 mm
191 to 215 mm32 mm

8. Sliver and ribbon lappers (cotton):

The calender drums and the lap spool shall be provided with a guard to prevent access to the nip between the in-running rolls.

9. Speed frames:

Jack box wheels at the head stock shall be guarded and the guard shall have interlocking arrangement.

10. Spinning mules

Wheels on spinning mule carriages shall be provided with substantial wheel guards, extending to within 6 mm of the rails.

11. Warpers

Swiveled double-bar gates shall be installed on all warpers operating in excess of 410 meters/min. These gates shall have interlocking arrangement, except for the purpose of inching or jogging:

Provided that the top and bottom bare of the gate shall be atleast 1.05 and 0.53 meters high from the floor or workingplatform, and the gate shall be located 38 mm from the vertical tangement to the beam head.

12. Slashers

  • Cylinder dryers:
    • All open nips of in-running rolls shall be guarded by nip guards conforming to the requirements in paragraph 7
    • Whenslashers are operated by control levers, these levers shall be connected to a horizontal bar or treadle locatednot more than 170 cm above the floor to control the operation from any point.
    • Slashers operated by push button control shall have stop and start buttons located at each end of the machine, and additional buttons located both sides of the machine at the size box and the delivery end. If calender rolls are used, additional buttons shall be provided at both sides of the machine at points near the nips, except when slashers are equipped with an enclosed dryer as in paragraph (b).
  • Enclosed hot air dryer:
    • All open nips of the top squeezing rollers shall be guarded by nip guards conforming to the requirements in paragraph 7
    • When slashers are operated by contro levers, theseleversshall be connected to a horizontal bar or treadle located not more than 170 cm. above the floor control the operationfrom any point.
    • Slashers operated by push-button control shall have stop and start buttons located at each end of the machine and additional stop and start buttons located on both sides of the matters.

13. Looms

  • Each loom shall be equipped with suitable guardsdesigned to minimize the danger from flying shuttles.
  • Beam weights for tension in beam shall be of such constructionso as to prevent it falling during its adjustment.

14. Valves of kiers, tanks, and other containers:

(1) Eachvalvecontrolling the flow of steam, injuriousgasesorliquids into a kier or any other tank or container into which a person is likely to enter in connection with a process, operation maintenance or for any other purpose, shallbeprovided with a suitable locking arrangement to enable the saidperson to lock the valve securely in the closed position andretain the key with him before entering the kier, tank or container.

(2) Wherever boiling tanks, caustic tanks and any other containers from whichliquids which are hot, corrosive or toxic may overflow or splash, are so located that the operator cannot seethe contents from the floor or working area emergency shut offvalves which can be controlled from a point not subject todanger of splash shall be provided to prevent danger.

15. Shearing machines

All revolving blades on shearing machines shall be guarded so that the opening between the cloth surface and the bottom of the guard will not exceed 10 mm.

16. Continuous bleaching range (cotton and rayon)

The nip of all in-running rolls on open-width bleaching machine rolls shall be protected with a guard to prevent the worker from being caught at the nip. The guard shall extend across the entire length of the nip.

17. Mercerizing range (piece goods)

  • A stopping device shall be provided at each end of the machine.
  • A guard shall be provided at each end of the frame between thein-running chain and the clip opener.
  • A nip guard shall be provided for the in-running rolls of themangle and washers and the guard shall conform to the requirements in paragraph 7(2).

18. Tender frames

  • A stopping device shall be provided at each end of the machine.
  • A guard shall be provided at each end of the machine frame atthe in-running chain and clip opener.

19. Paddlers

Suitable nip guards conforming to the requirement in paragraph 7(2) shall be provided to all dangerous in-running rolls.

20. Centrifugal extractors

  • Each extractor shall be provided with a guard for the basket, and the guard shall have inter-locking arrangement.
  • Eachextractorshallbeequippedwithamechanically/electrically operated brake to apply quickly stop the basket when the power driving the basket is shut off.

21. Squeezer or wringer extractor, water mangle, starch mangle, back washer (worsted yarn) crabbing machines, and decating machines:

All in-running rolls shall be guarded with nip guards conformingto the requirements in paragraph 7(2).

22. Sanforizing and palmer machine

  • Nip guards shall be provided on all accessible in-running rollsand these shall conform to the requirements in paragraph 7(2).
  • Access from the sides to the nips of in-running rolls should befenced by suitable side guards.
  • A safety trip rod, cable or wire centre cord shall be providedacross the front and back of all palmer cylinders extending thelength of the face of the cylinder. It shall operatereadilywhether pushed level at which the operator stands and shall bereadily accessible.

23. Rope washers

  • Splash guards shall be installed on all rope washers unless the machine is so designed as to prevent the water or liquid from splashing the operator, the floor, or working surface.
  • A safety trip rod, cable or wire centre cord shall be providedacross the front and back of all rope washers extending the length of the face of the washer. It shall operate readilywhether pushed or pulled. This safety trip shall be not morethan 170 cm. above the level on which the operator stands and shall be readily accessible.

24. Laundry washer tumbler or shaker

(1) Each drying tumbler, each double cylinder shaker or clothes tumbler and each washing machine shall beequipped withaninter-locking arrangement which will prevent the power operationof the inside cylinder when the outer door on the case or shallis open and which will from being opened without shutting offthe power and the cylinder coming to a stop. This should notprevent the movement of the inner cylinder by means of a hand operated mechanism or an inching device.

(2) Each closed barrel shall also be equipped with adequatemeansfor holding open the doors or covers of the inner and outercylinders or shells while it is being loaded or unloaded.

25. Printing machine (roller type)

  • All in-running rolls shall be guarded by nip guards conformingto the requirement in paragraph 7(2).
  • The engraved roller gears and the large crown wheel shall beguarded.

26. Calendars

The nip at the in-running side of the rolls shall be provided with a guard extending across the entire length of the nip and arranged to prevent the fingers of the workers from being pulled in between the rolls or between the guard and the rolls, and so constructed that the cloth can be fed into the rolls safely.

27. Rotary staple cutters

The cutter shall be protected by a guard to prevent hands reaching the cutting zone.

28. Plaiting machines

Access to the trap between the knife and card bar shall be prevented by a guard.

29. Hand baling machine

An angle iron handle-stop guard shall be installed at right angle to the frame of the machine. The stop guard shall be so designed and so located that it will prevent the handle from traveling beyond the vertical position should the handle slip from the operator’s hand when the pawl has been released from the teeth of the take-up gear.

30. Flat-work ironer

Each flat-work or cellar ironer shall be equipped with a safety bar or other guard across the entire front of the feed or first pressure rolls so arranged that the striking of the bar or guard by the hand of the operator or other person will stop the machine. The guard shall be such that the operator or other person cannot reach into the rolls without removing the guard. This may be either in verticalguard on all sides or a complete cover. If a vertical guard isused, the distance from the floor or working platform to the topof guard shall be not less than 1.83 meters.

 

SCHEDULE II

Cotton Ginning

Line Shaft:

The line shaft or second motion in cotton ginning factories, when below floor level, shall be completely enclosed by a continuous wall or un-climbable fencing with only so many openings as are necessary for access to the shaft for removing cotton seed, cleaning and oiling; and such openings shall be provided with gates or doors which shall be kept closed and locked.
 

SCHEDULE III

Woodworking Machinery

1. Definitions:

For the purposes of this schedule -

  • "Woodworking machine" means a circular saw, band saw, planning machine, chain mortising machine or vertical spindle mouldingmachine operating on wood or cork;
  • "Circular saw" means a circular saw working in a bench (including arack bench), but does not include a pendulum or similar saw ration;
  • "band saw" means a band saw, the cutting portion of which rubs in avertical direction but does not include a log saw or band re-sawingmachine; and
  • "planning machine" means a machine for overhand planning or forthickening or for both operations.

2. Stopping and starting device:

An efficient stopping and starting device shall be provided on every woodworking machine. The control of this device shall be in such a position as to be readily and conveniently operated by the person in charge of the machine.

3. Space around machines:

The space surrounding every woodworking machine in motion shall be kept free from obstruction.

4. Floors:

The floor surrounding every woodworking machine shall bemaintained in good and level condition, and shall not be allowed tobecome slippery, and as far as practicable shall be kept free fromchips or other loose material.

5. Training and supervision:

  • No person shall be employed at a woodworking machine unless he has been sufficiently trained to work that class of machine, or unlesshe works under the adequate supervision of a person whohasathorough knowledge of the working of the machine.
  • A person who is being trained to work a woodworking machine shallbe fully and carefully instructed as to the dangers of the machineand the precautions to be observed to secure safe working of themachine.

6. Circular saws:

Every circular saw shall be fenced as follows :-

(a) behind and in direct line with the saw there shall be riving knife, which shall have a smooth surface, shall be strong, rigid and easily adjustable, and shall also conform to the following conditions :

  • the edge of the knife nearer the saw shall form an arc of acircle having a radius of not exceeding the radius of the largest saw used on the bench
  • the knife shall be maintained as close as practicable, having regard to the nature of work being done at thetime, and at the level of the bench table the distance between the front edge of the knife and the teeth of the saw shallnotexceed 12 millimeters; and
  • for an saw of a diameter of less than 60 centimeters, the knife shall extend upwards from the bench table to within 25millimeters of the top of the saw, and for a saw of a diameter60 centimeters or over shall extend upwards from the benchtable to a height of at least 23 centimeters;

(b) the top of the saw shall be coveredbyastrong and easily adjustable guard,with a flange at the side of thesawfarthestfrom the fence. The guard shall be kept so adjusted that the said flange shall below the roots of the teeth of the saw, The guard shall extend from the top of the riving knife to a pointaslow as practicable at the cutting edge of the saw; and

(c) the part of the saw below the bench table shall be protected by two plates of metal or other suitable material, one on each side of thesaw; such plates shall not be more than 15 centimeters apart, andshall extend from the axis of the saw outwards to a distance of notless than 5 centimeters beyond the teeth of the saw. Metal plates, if not bended, shall be of thickness of least 2.5 millimeters, or, if beaded, be of a thickness of at least 1.25 millimeter.

7. Push sticks

A push stick or other suitable appliance shall be provided for use at every circular saw and at every vertical spindle moulding machine to enable the work to be done without unnecessary risk.

8. Band saws

Every band saw shall be guarded as follows :-

  • both sides of the bottom pulley shall be completelyencased by sheet or expanded metal or other suitable material;
  • the front of the top pulley shall be covered with sheet or expanded metal or other suitable material; and
  • allportions of the blade shall be enclosed or otherwise securely guarded, except the portion of the blade between the bench table and the top guide.

9. Planning machines:

  • Aplanningmachine(otherthanaplanningmachinewhich ismechanically fed) shall not be used for overhand planning unless itis fitted with a cylindrical cutter block.
  • Everyplanning machine used for overhand planning shall be provided with a “bridge” guard capable of coveringthefulllengthand breadth of the cutting slot in the bench, and so constructed as tobe easily adjusted both in a vertical and horizontal direction.
  • The feed roller of every planning machine used for thickening, except the combined machine for overhead planning and thickening, shall be provided with an efficient guard.

10. Vertical spindle moulding machines:

  • The cutter of every vertical spindle moulding machine shall beguarded by the most efficient guard having regard to the nature ofthe work being performed.
  • The wood being moulded at a vertical spindle moulding machine shall, if practicable, be held in a jig or holder of such construction asto reduce as far as possible the risk of accident to the worker.

11. Chain mortising machines:

The chain of every chain mortising machine shall be provided with a guard which shall enclose the cutters as far as practicable.

12. Adjustment and maintenance of guards:

The guardsandother appliances required under this schedule shall be :

  • maintained in an efficient state;
  • constantly kept in position while the machinery is in motion; and
  • so adjusted as to enable the work to be done without unnecessary risk.

13. Exemption:

Paragraphs 6,8,9 and 10 shall not apply to any wood working machine in respect of which it can be proved that other safeguards are provided, maintained and used which render the machine as safe as it would be if guarded in the manner prescribed in this schedule.

SCHEDULE IV

Rubber Mill

1. Installation of machines:

Mills for breaking down, cracking, grating, mixing, refining and warming rubber or rubber compounds shall be so installed that the top of the front roll is not less than 105 centimeters above the floor or working level :

Provided that in existing installations where the top of the frontroll is below this height a strong, rigid distance-bar guard shall be fitted across the front of the machine in such position that the operator cannot reach the nip of the rolls.

2. Safety devices:

  • Rubber mills shall be equipped with:
    • hoppers so constructed or guarded that it is impossible for the operators to come into contact in any manner with the nip of the rolls; or
    • horizontal safety-trip rods or tight wire cables across both front and rear, which will, when pushed or pulled, operateinstantlyto disconnect the power and apply the brakes, or to reverse the rolls. Safety-trip rods or tight wire cables on rubber mills hall extend across the entire length of the face of the rolls and shall be locatednotmore than 175 centimeters above the flooror workinglevel.

Safety-trip rods and tight wire cables on all rubber mills shallbeexaminedand tested daily in the presence of the managerorother responsible person and if any defect is disclosed suchexaminationand test the mill shall not be used untilsuchdefecthas been remedied.

SCHEDULE V

Centrifugal Machines

1. Definition:

"Centrifugal machines" include centrifugal extractors separators and driers.

2. Every part of centrifugal machine shall be:

(a) of good design and construction and of adequate strength;
(b) properly maintained; and
(c) examined thoroughly by a competent person at regular intervals.

3. Inter-locking guard for drum or basket

  • Thecage housing the rotating drum or basket of every centrifugal machine shall be provided with a strong lid. The design and construction of the cage as well as lid should be such that noaccess is possible to the drum or basket when the lid is closed.
  • Everycentrifugalmachineshall be provided with an efficient inter-locking device that will effectively prevent the lid referred toin sub-paragraph (1) from being opened while the drum or basket is in motion and prevent the drum or basket being set in motion while the lid is in the open position.

4. Braking arrangement:

Every centrifugal machine shall be provided with an effective braking arrangement capable of bringing the drum or basket to rest within as short as a period of time as reasonably practicable after the power is cut off.

5. Operating speed:

No centrifugal machine shall be operated at a speed in excess of the manufacturer’s rating which shall be legibly stamped at easily visible places both on the inside of the basket and on the outside of the machine casing.

6. Exceptions:

Sub-paragraph (2) of paragraph 3, paragraphs 4 and 5 shall not apply in case of top lung machines or similar machines used in the sugar manufacturing industry.

SCHEDULE VI

Power Press

1. Application:

The Schedule shall apply to all types of power presses including press brakes, except when used for working hot metal.

2. Definition:

For the purpose of this Schedule –

(a) "approved" means approved by the Chief Inspector

  • "fixed fencing" means fencing provided for the tools of a power press being fencing which has no moving part associated with ordependent upon the mechanism of a power and includes that part of a closed tool which acts as a guard
  • "power press" means a machine used in metal or other industries for moulding, pressing, blanking raising drawing and similar purposes
  • "safety device" means the fencing and any other safeguard provided for the tools of a power press.

3. Starting and stopping mechanism:

The starting and stopping mechanism shall be provided with a safety stop so as to prevent over running of the press or descent of the ram during tool setting, etc.

4. Protection of tool and die:

  • Each press shall be provided with a fixed guard with a slip plate onthe underside enclosing the front and all sides of the tool.
  • Each die shall be provided with a fixed guard surrounding its front and sides, and extending to the back in the form of a tunnel through which the pressed article falls to the rear of the press.
  • The design, construction and mutual position of the guards referred to in (1) and (2) shall be such as to preclude the possibility ofthe worker’s hand or fingers reaching the danger zone.
  • The machine shall be fed through a small aperture at the bottom ofthe die guard, but a wider aperture may be permitted for second or subsequent operations if feeding is done through a chute.
  • Not withstanding anything contained in sub-clauses (1) and (2) an automatic or an inter-locked guard may be used in place of a fixed guard, but where such guards are used they shall be maintained in an efficient working condition and if any guard develops a defect of the guard is removed.

5. Appointment of persons to prepare power presses for use:

(1) Except as provided in sub-paragraph (4), no person shall set, re-set, adjust or try out the tools on a power press or install or adjust any safety device thereon, being installation or adjustmentpreparatory to production of die proving, or carry out an inspectionand test of any safety device thereon required by paragraph 8 unlesshe -

  • has attained the age of eighteen;
  • has been trained in accordance with the sub-paragraph (2); and has been appointed by the occupier of the factory to carryoutthose duties in respect of the class or descriptionof powerpress or the class or description of safety device to whichthepowerpress or safety device (as the case may be) belongs; and the name of every such person shall be entered in a registerinForm 9.

(2) Thetraining shall include suitable and sufficient practical instruction in the matter in relation to each type of power press andsafety device in respect of which it is proposed to appoint the person being trained

6. Examination and testing of power presses and safety devices:

  • No power press or safety device shall be taken into use in anyfactory for the first time in that factory, or in case of a safetydevice for the first time on any power press, unless it has beenthoroughly examined and tested, in the case of a safety device, whenin position on the power press in connection with which it is to beused.
  • No power press shall be used unless it has been thoroughly examined and tested by a competent person within the immediately preceding period of twelve months.
  • No power press shall be used unless every safety device (other than fixed fencing) thereon has within the immediately preceding periodif six months when in position on that power press, been thoroughly examined and tested by a competent person.
  • The competent person carrying out an examination and test under the foregoing provisions shall make a report of the examination and test containing the following particulars and every such report shall be kept readily available for inspection :
    • name of the occupier of the factory;
    • address of the factory;
    • identification number or mark sufficient to identify thepower or the safety device
    • date on which the power press or the safety devicewas first taken into use in the factory;
    • the date of each periodical thorough examination carried out as per requirements of sub-paragraph (2) above;
    • particulars of any defects effecting the safety working of the power press or the safety device found at any such thorough examination and steps taken to remedy such defects.

7. Defects disclosed during a thorough examination and tests:

  • Whereany defect is disclosed in any power press or in any safetydevice by any examination and test under paragraph 6 and in theopinion of the competent person carrying out the examination and test, either –
    • the said defect is a cause of danger to workers and inconsequence the power press or safety device (as the case may be) ought not to be used until the mild defect has been remedied; or
    • the said defect may become a cause of danger to workers and in consequence the power press or safety device (as the case may be) ought not to be used after expiration of a specified period unless the said defect has been remedied such defect shall, as soon as possible after the completion of the examination and test, be notified in writing by thecompetent person to the occupier of the factory and, in the caseof defect falling within clause (b) of this sub-paragraphsuchnotification shall include the period within which, in theopinion of the competent person, the defectoughttobe remedied.
  • In every case where notification has been given under this paragraph, a copy of the report made under paragraph 6(4) shall be sent by the competent person to the inspector for the area within fourteen days of the completion of the examination and test
  • any such defect is notified to the occupier in accordance with theforegoing provisionsof this paragraph the power press or safety device(asthe case may be) having the said defect shall not be used
    • in the case of a defect falling within clause(a) of sub-paragraph (1) until the said defect has been remedied; and
    • in the case of defect falling within clause (b) of sub-paragraph (1), after the expiration of the said defect has been remedied.
  • As soon as is practicable after any defect of which notification has been given under sub-paragraph (1) has been remedied, a record shall be made by or on behalf of the occupier stating the measures by which and the date on which the defect was remedied.

8. Inspection and test of safety devices:

  • Every power press and every safety device thereon while it is inposition on the said power press shall be inspected and tested by atrained person every day.

    Provided that an inspection, test and certificate as aforesaid shallnot be required where any adjustment of the tools has not caused or resulted in any alteration to or disturbance of any safety device on the power press and if, after the adjustment of the tools, thesafety devices remain, in the opinion of such a person as aforesaid, in efficient working order.

  • No power press shall be used after the resetting oradjustment ofthetools thereon unless a person appointed or authorisedforthe purpose under Paragraph 5 has been inspected and tested every safety device thereon while it is in position on the said power press :

9. Defects disclosed during an inspection and test:

  • Where it appears to any person as a result of any inspection andtest carried out by him under paragraph 8 that any necessary safetydevice is not in position or is not properly in position on a power press or that any safety device which is in position on a power press is not in his opinion suitable, he shall notifythe managerforthwith.
  • Exceptasprovidedinsub-paragraph(3) where any defect is disclosed in a safety device by any inspection and test under paragraph 8, theperson carrying out the inspection and test shall notify the manager forthwith.
  • Where any defect in a safety device is the subject of a notificationin writing under paragraph 7 by virtue of which the use of thesafety device may be continued during a specified period without the said defect having been remedied, the requirement in sub-paragraph (2) of this paragraph shall not apply the said defect until the said period has expired.

10. Identification of power presses and safety devices:

For the purpose of purpose of identification every power press and every safety device provided for the same shall be distinctively and plainly marked.

11. Training and instructions to operators:

The operators shall be trained and instructed in the safe method of work before starting work on any power press.

12. Exemptions:

  • If in respect of any factory, the Chief Inspector is satisfied thatowing to the circumstances or infrequency of the processes or for any other reason, all or any of the provisions of this Schedule are not necessary for the protection of the workers employed on any power press or any class or description of power press or in thefactory, the Chief Inspector may by a certificate in writing (whichhemay in his discretion revoke at any time), exempt such factoryfrom all or any of such provisions subject to such conditions, ifany, as he may specify therein.
  • Where such exemption is granted, a legible copy of the certificate, showing the conditions (if any) subject to which it has been granted, shall be kept posted in the factory in a position where itmay be conveniently read by the persons employed.

SCHEDULE VII

Shears, Slitters and Guillotine Machines

1. Definition:

For the purpose of this schedule

(a) "guillotine"meansa machine ordinarilyequippedwithstraight, bevel-edgedblade operating vertically against a stationary resisting edge and used for cutting metallic or non-metallicsubstances

(b) "shears"or "shearing machine" means a machine ordinarily equippedwith straight,bevel-edged bladesoperating vertically against resisting edges, or with rotary, overlapping cutting wheels, andused for shearing metals or non-metallic substances

(c) "slitter" or "slitting machine" means a machine ordinarily equipped with circular disc-type knives, and used for trimming or cutting into metal or non-metallic substances or for slitting them intonarrow strips; for the purpose of this Schedule, this term includesbread or other food slicers equipped with rotary knives or cuttingdiscs.

2. Guilloting and Shears:

  • Where practicable, a barrier metal guard of adequate strength shallbe provided at the front of the knife, fastened to the machine frameand shall be so fixed as would prevent any part of the operator’sbody reach the descending blade from above, below or through thebarrier guard or from the side

    Provided that in case of machines used in the paper printing and allied industries, where a fixed barrier metal guard is not suitable on a account of height and volume of the material being fed, there shall be provided suitable starting devices which require simultaneous action of both the hands of the operator or an automatic device which will remove both the hands of the operator from the danger zone at every descent of the blade

  • At the back and of such machines, an inclined guard shall beprovided over which the slit pieces would slide and be collected ata safe distance in a manner as would prevent a person at the backfrom reaching the descending blade.
  • Power-driven guillotine cutters, except continuous feed trimmers, shall be equipped with
    • starting devices which require the simultaneous action of both hands to start the cutting motion and of at least one hand on a control during the complete stroke of the knife; or
    • an automatic guard which will remove the hands of the operator from the danger zone at every descent of the blade, used in conjunction with one-hand starting devices which require two distinct movements of the device to start the cutting motion, and so designed as to return positively to the non-starting position after each complete cycle of the knife.
  • Where two or more workers are employed at the same time on the same power-driven guillotine cutter equipped with two-hand control, the device shall be so arranged that each worker shall be required to use both hands simultaneously on the safety trip to start the cutting motion, and at least one hand on a control to complete the cut.
  • Power-driven guillotine cutters, other than continuous trimmer, shall be provided, in addition to the brake or other stopping mechanism, with an emergency device which will prevent the machine from operating in the event of failure of the brake when the starting mechanism is in the non-starting position

3. Slitting Machines:

  • Circular disc-type knives on machines for cutting metal and leather, paper,rubber, textiles, or other non-metallic substances shall, if within reach of operators standing on the floor or working level, beprovided with guards enclosing the knife edges at all times as nearas practicable to the surface of the material, and which may either

    (a) Automatically adjust themselves to the thickness of the material; or

    (b) be fixed or manually adjusted so that the space between the bottom of the guard and the material will not exceed 6 mm (1/4 in.) at any time.

  • Portions of blades underneath the tables or benches of slitting machines shall be covered by guards.

4. Index cutters and Vertical Paper Slotters:

Index cutters, and other machines for cutting strips from the ends of books, and for similar operations, shall be provided with fixed guards, so arranged that the fingers of the operators cannot come between the blades and the tables.

5. Corner Cutters:

Corner cutters used in the manufacture of paper boxes, shall be equipped with

  • suitable guard, fastened to the machines in front of the knives and provided with slots or perforations to afford visibility of the operations; or
  • other guards equally efficient for the protection of the fingers of the workers.

6. Band Knives:

Band wheels on band knives, and all portions of the blades except working side between the sliding guide and the table on vertical machines, to between the wheel guards on horizontal machines, shall be completely enclosed with hinged guards of sheet metal not less than 1 mm (0.04 in.) in thickness or of other material of equal strength.

58. Register of workers employed for work on or near machinery in motion

Register prescribed under sub-section (1) of Section 22

58. Register of workers employed for work on or near machinery in motion

In every factory a register shall be maintained in Form 9 in which the name and other particulars of every such worker as may be employed for such examination or operation as referred to in the proviso to sub-section (1) of section 21 shall be entered.

59. Employment of young persons on dangerous machines

Rule prescribed under sub-section (2) of Section 23

59. Employment of young persons on dangerous machines

The machines specified in sections 28, 29 and 30 and the machines mentioned below shall be deemed to be of such dangerous character that young persons shall not work at them unless the provisions of sub-section (1) of section 23 are complied with :

  • Power presses other than hydraulic presses.
  • Milling machines used in the metal trades.
  • Circular saws.
  • Platen printing machines.
  • Guillotine machines.
60. Hoists and lifts

Rule framed under section 28

60. Hoists and lifts

  • A register shall be maintained to record particulars of examination of hoists and lifts and shall give particulars as shown in Form 10.
  • In pursuance of the provisions of sub-section (4) of section 28, in respect of any class or description of hoist or lift specified in the first column of the following schedule, the requirements of section 28 specified in the second column of the said schedule and set opposite to that class or description of hoist or lift shall not apply.

    SCHEDULE

    Class or Description of hoist or lift applies(1)Requirement which shall not apply (2)
    Hoists or lifts mainly used for raising materials for charging blast furnaces or lime kilns.Sub-section 1(b) in so far as it requires a gate at the bottom landing; sub-section (d); sub-section 1(e).
    Hoists not connected with mechanical power and which are not used for carrying persons.Sub-section 1(b) in so far as it requires the hoistway or liftway enclosure to be so constructed as to prevent any person or thing from being trapped between any part of the hoist or lift and any fixed structure or moving part, sub-section 1(e).
61. Lifting machines, chains, ropes and lifting tackles

Rule prescribed under sub-section (2) of Section 29

61. Lifting machines, chains, ropes and lifting tackles

  • No lifting machine and no chain, rope or lifting tackle, except a fibre rope or fibre rope sling, shall be taken into use in any factory for the first time in that factory unless it has been tested and all parts have been thoroughly examined by a competent person and a certificate of such a test and examination specifying the safe working load or loads and signed by the person making the test and the examination, has been obtained and is kept available for inspection.
  • Every jib-crane so constructed that the safe working load may be varied by the raising or lowering of the jib, shall have attached thereto either an automatic indicator of safe working loads or an automatic jib angle indicator and a table indicating the safe working loads at corresponding inclinations of the jib or corresponding radii of the load.
  • A table showing the safe working loads of every kind and size of chain, rope or lifting tackle in use, and, in the case of a multiple sling, the safe working loads at different angles of the legs, shall be posted in the store in which the chains, ropes or lifting tackles are kept, and in prominent positions on the premises, and no chain, rope or lifting tackle not shown in the table shall be used :

    Provided that this sub-rule shall not apply in respect of such lifting tackle if the safe working load thereof, or in the case of a multiple sling, the safe working load at different angles of the legs, is plainly marked upon it.

  • The register to be maintained under clause (a)(iii) of sub-section (1) of section 29 of the Act shall contain the following particulars and shall be kept readily available for inspection
    • Name of occupier of factory.
    • Address of factory.
    • Distinguishing number or mark, if any, and description sufficient to identify the lifting machine, chain, rope, or lifting tackle.
    • Date when the lifting machine, chain, rope or lifting tackle was first taken into use in the use in the factory.
    • Date and number of the certificate relating to any test and examination made under sub-rules (1) and (9) together with the name and address of the person who issued the certificate.
    • Date of each periodical thorough examination made under clause (a)(iii) of sub-section (1) of section 29 of the Act and sub- rule (8) and by whom it was carried out.
    • Date of annealing or other heat treatment of the chain and other lifting tackle made under sub-rule (7) and by whom it was carried out.
    • Particulars of any defects affecting the safe working load found at any such thorough examination or after annealing and of the steps taken to remedy such defects.
  • All rails on which a travelling crane moves and every track on which the carriage of transported or runway moves shall be of proper size and adequate strength and have an even running surface; and every such rail or track shall be properly laid, adequately supported and properly maintained.
  • To provide access to rail tracks of overhead travelling cranes suitable passage-ways of at least 50 centimetres width with toe boards and double hand rails 90 centimetres high shall be provided alongside, and clear of, the rail tracks of overhead travelling cranes, such that no moving part of the crane can strike persons on the ways, and the passage-way shall be at a lower level than the crane track itself. Safe access ladders shall be provided at suitable intervals to afford access to these passage-ways, and from passage-ways to the rail tracks
    Provided that the Chief Inspector may, for reasons to be specified in writing, exempt any factory in respect of any overhead travelling crane from the operation of any provision of this sub-rule subject to such conditions as he may specify.
  • All chains and lifting tackles except a rope sling shall, unless they have been subjected to such other heat treatment as may be approved by the Chief Inspector of Factories, be effectively annealed under the supervision of a competent person at the following intervals :- (a) all chains, slings, rings, hooks, shackles and swivels used in connection with molten metal or molten slag or when they are made of 12.5 millimetres bar or smaller, once at least in every six months; (b) all other chains, rings, hooks, shackles and swivels in general use, once at least in every twelve months;
    Provided that chains and lifting tackle not in frequent use shall, subject to the Chief Inspector’s approval, be annealed only when necessary. Particulars of such annealing shall be entered in a register prescribed under sub-rule (4).
  • Nothing in the foregoing sub-rule (7) shall apply to the following classes of chains and lifting tackles :-
    • chains made of malleable cast iron ;
    • plate link chains;
    • chains, rings, hooks, shackles and swivels made of steel or of any non-ferrous metal;
    • pitched chains, working on sprocket or pocketed wheels;
    • rings, hooks, shackles and swivels permanently attached to pitched chains, puller blocks or weighing machines;
    • hooks and swivels having screw threaded parts or ball bearing or other case hardened parts;
    • socket shackles secured to wire ropes by white-metal capping; and
    • bordeaux connections :
      Provided that such chains and lifting tackles shall be thoroughly examined by a competent person once at least in every twelve months, and particulars entered in the register kept in accordance with sub-rule (4).
  • All lifting machines, ropes, chains and lifting tackles, except a fibre rope or fibre sling, which have been lengthened, altered or repaired by welding or otherwise, shall, before being again taken into use, be adequately re-tested and re-examined by a competent person and certificate of such test and examination be obtained, and particulars entered in the register kept in accordance with sub-rule (4).”
  • No person under 18 years of age and no person who is not sufficiently competent and reliable shall be employed as driver of a lifting machine whether driven by mechanical power or otherwise, or to give signals to a driver.
  • Where the Chief Inspector of Factories is satisfied that in a factory due to shut down or for any other reasons it is not practicable to maintain a minimum distance of 6 meters between the person employed or working on or near the wheel track of a travelling crane and the crane, he may on the request of the manager reduce the distance to such an extent as he may consider necessary and also prescribe further precautions indicating appointment of suitable number of supervisors to ensure the safety of the persons while they are employed or working on or near the track.
62. Pressure vessels or plant

Rules 62 and 63 prescribed under sub-sections (2) (3) of section 31

62. Pressure vessels or plant

  • Interpretation.- In this rule
    • “design pressure” means the maximum pressure that a pressure vessel or plant is designed to withstand safely when operating normally;
    • “maximum permissible working pressure” means the maximum pressure at which a pressure vessel or plant is permitted to be operated or used under this rule and is determined by the technical requirements of the process;
    • “plant” means a system of piping that is connected to a pressure vessel and is used to contain a gas, vapour or liquid under pressure greater than the atmospheric pressure, and includes the pressure vessel;
    • “pressure vessel” means a vessel that may be used for containing, storing, distributing, transferring, distilling, processing or otherwise handling any gas, vapour or liquid under pressure greater than the atmospheric pressure and includes any pipeline fitting or other equipment attached thereto or used in connection therewith; and
    • “competent person” means a person who is, in the opinion of the Chief Inspector, capable by virtue of his qualifications, training and experience, of conducting a thorough examination and pressure tests, as required, on a pressure vessel or plant, and of making a full report on its condition.
  • Exceptions.- Nothing in this rule shall apply to
    • x x x x x x x
    • vessels made of ferrous materials having an internal operating pressure not exceeding 1 kilogram per square centimetre;
    • steam boilers, steam and feed pipes and their fittings coming under the purview of Indian Boilers Act, 1923;
    • metal bottles or cylinders used for storage or transport of compressed gases or liquified or dissolved gases under pressure covered by the Gas Cylinder Rules, 1981 framed under the Indian Explosives Act, 1884;
    • vessels in which internal pressure is due solely to the static head of liquid;
    • vessels with a nominal water capacity not exceeding 500 litres connected in a water-pumping system containing air that is compressed to serve as a cushion;
    • vessels for nuclear energy application;
    • refrigeration plant having a capacity of 3 tons or less of refrigeration in 24 hours; and

      (i) working cylinders of steam engines or prime movers, feed pumps and steam traps; turbine casings; compressor cylinders; steam separators or dryers; steam strainers; steam de-super-heaters; oil separators; air receivers for fire sprinkler installations; air receivers of monotype machines provided the maximum working pressure of the air receiver does not exceed 1.33 kilograms per square centimetre and the capacity 85 litres; air receivers of electrical circuit breakers; air receivers of electrical relays; air vessels on pumps, pipe coils, accessories of instruments and appliances such as cylinders and piston assemblies used for operating relays and interlocking type of guards; vessels with liquids subjected to static head only; and hydraulically operating cylinders other than any cylinder communicating with an air loaded accumulator.

  • Design and construction.- Every pressure vessel or plant used in a factory –
    • shall be properly designed on sound engineering practice;
    • shall be of good construction, sound material, adequate strength and free from any patent defects; and
    • shall be properly maintained in a safe condition:

    Provided that the pressure vessel or plant in respect of the design and construction of which there is an Indian standard or a standard of the country of manufacture or any other law or regulation in force, shall be designed and constructed in accordance with the said standard, law or regulation, as the case may be, and a certificate thereof shall be obtained from the manufacturer or from the competent person which shall be kept and produced on demand by an Inspector.

  • Safety devices.- Every pressure shall be fitted with
    • a suitable safety valve or other effective pressure relieving device of adequate capacity to ensure that the maximum permissible working pressure of the pressure vessel shall not be exceeded. It shall be set to operate at a pressure not exceeding the maximum permissible working pressure and when more than one protective device is provided, only one of the devices need be set to operate at the maximum permissible working pressure and the additional device shall be set to discharge at a pressure not more than 5 per cent in excess of the maximum permissible working pressure;
    • a suitable pressure gauge with a dial range not less than 1.5 times the maximum permissible working pressure, easily visible and designed to show at all times the correct internal pressure and marked with a prominent red mark at the maximum permissible working pressure of the pressure vessel;
    • a suitable nipple and globe valve connected for the exclusive purpose of attaching a test pressure gauge for checking the accuracy of the pressure gauge referred to in clause (b) of this sub-rule;
    • a suitable stop valve or valve by which the pressure vessel may be isolated from other pressure vessels or plant or source of supply of pressure. Such a stop valve or valves shall be located as close to the pressure vessel as possible and shall be easily accessible; and
    • a suitable drain cock or valve at the lowest part of the pressure vessel for the discharge of the liquid or other substances that may collect in the pressure vessel:

    Provided that it shall be sufficient for the purpose of this sub-rule if the safety valve or pressure relieving device, the pressure gauge and the stop valve are mounted on a pipeline immediately adjacent to the pressure vessel and where there is a range of two or more similar pressure vessels served by the same pressure lead, only one set of such mountings need be fitted on the pressure lead immediately adjacent to the range of pressure vessels, provided they cannot be isolated.

  • Pressure reducing devices
    • Every pressure vessel which is designed for a working pressure less than the pressure at the source of supply, or less than the pressure which can be obtained in the pipe connecting the pressure vessel with any other source of supply, shall be fitted with a suitable pressure reducing valve or other suitable automatic device to prevent the maximum permissible working pressure of the pressure vessel being exceeded.
    • To further protect the pressure vessel in the event of failure of the reducing valve or device, at least one safety valve having a capacity sufficient to release all the steam, vapour or gas without undue pressure rise as determined by the pressure at the source of supply and the size of the pipe connecting the source of supply, shall be fitted on the low pressure side of the reducing valve.
  • Pressure vessel or plant being taken into use
    • No new pressure vessel or plant shall be taken into use in the factory after coming into force of this rule unless it has been hydrostatically tested by a competent person at a pressure at least 1.3 times the design pressure, and no pressure vessel or plant which has been previously used or has remained isolated or idle for a period exceeding 2 months or which has undergone alterations or repairs shall be taken into use in a factory unless it has been thoroughly examined by a competent person externally and internally, if practicable, and has been hydrostatically tested by the competent person at a pressure which shall be 1.5 times the maximum permissible working pressure :

      Provided, however, that the pressure vessel or plant which is so designed and constructed that it cannot be safely filled with water or liquid or is used in service when even some traces of water cannot be tolerated, shall be pneumatically tested at a pressure not less than the design pressure or the maximum permissible working pressure as the case may be.

      Provided further that the pressure vessel or plant, which is lined with glass, shall be tested hydrostatically or pneumatically as required at a pressure not less than the design pressure or maximum permissible working pressure as the case may be.

      Design pressure shall be not less than the maximum permissible working pressure and shall take into account the possible fluctuations of pressure during actual operation.

    • No pressure vessel or plant shall be used in a factory unless there has been obtained from the maker of the pressure vessel or plant or from the competent person a certificate specifying the design pressure or maximum permissible working pressure thereof, and stating the nature of tests to which the pressure vessel or plant and its fittings (if any) have been subjected, and every pressure vessel or plant so used in a factory shall be marked so as to enable it to be identified as to be the pressure vessel or plant to which the certificate relates and the certificate shall be kept available for perusal by the Inspector.
    • No pressure vessel or plant shall be permitted to be operated or used at a pressure higher than its design pressure, or the maximum permissible working pressure as shown in the certificate.
  • In-service test and examinations
    • Every pressure vessel or plant in service shall be thoroughly examined by a competent person
      • externally, once in every period of six months;
      • internally, once in every period of twelve months :

        Provided that if by reason of the construction of a pressure vessel or plant, a thorough internal examination is not possible, this examination may be replaced by a hydrostatic test which shall be carried out once in every period of two years.

        Provided further that for a pressure vessel or plant in continuous process which cannot be frequently opened, the period of internal examination may be extended to four years; and

      • hydrostatically tested once in every period of four years :

        Provided that in respect of a pressure vessel or plant with thin walls, such as sizing cylinder made of copper or any other non- ferrous metal, periodic hydrostatic test may be dispensed with subject to the condition that the requirements laid down in sub- rule (8) are fulfilled.

        Provided further that when it is impracticable to carry out thorough external examination of any pressure vessel or plant every six months as required in sub-clause (i) of this clause, or if owing to its construction and use a pressure vessel or plant cannot be hydrostatically tested as required in sub-clause (ii) and (iii) of this clause, a thorough external examination of the pressure vessel or plant shall be carried out at least once in every period of two years, and at least once in every period of four years a thorough systematic non-destructive test like ultrasonic test for metal thickness or other defects of all parts the failure of which might lead to eventual rupture of the pressure vessel or plant shall be carried out.

    • The pressure for the hydrostatic test to be carried out for the purpose of this sub-rule shall be 1.25 times the design pressure or 1.5 times the maximum permissible working pressure, whichever is less.
  • Thin walled pressure vessel or plant
    • In respect of any pressure vessel or plant of thin walls such as sizing cylinder made of copper or any other non-ferrous metal, the maximum permissible working pressure shall be reduced at the rate of 5 percent of the original maximum permissible working pressure for every year of its use after the first five years and no such cylinder shall be allowed to continue to be used for more than twenty years after it was first taken into use.
    • If any information as to the date of construction, thickness of walls, or maximum permissible working pressure is not available, the age of such pressure vessel or plant shall be determined by the competent person in consultation with the Chief Inspector from the other particulars available with the manager.
    • Every new and second hand pressure vessel or plant of thin walls to which repairs likely to affect its strength or safety have been carried out, shall be tested before use to at least 1.5 times its maximum permissible working pressure.
  • Report by competent person
    • If during any examination any doubt arises as to the ability of the pressure vessel or plant to work safely until the next prescribed examination, the competent person shall enter in the prescribed register his observations, findings and conclusions with other relevant remarks with reasons and may authorise the pressure vessel or plant to be used and kept in operation subject to a lowering of maximum permissible working pressure, or to more frequent or special examination or test, or subject to both of these conditions.
    • A report of every examination or test carried out shall be completed in Form 11 and shall be signed by the person making the examination or test, and shall be kept available for perusal by the Inspector at all hours when the factory or any part thereof is working.
    • Where the report of any examination under this rule specified any condition for securing the safe working of any pressure vessel or plant, the pressure vessel or plant shall not be used unless the specified condition is fulfilled.
    • The competent person making report of any examination under this rule, shall within seven days of the completion of the examination, send to the Inspector a copy of the report in every case where the maximum permissible working pressure is reduced or the examination shows that the pressure vessel or plant or any part thereof cannot continue to be used with safety unless certain repairs are carried out or unless any other safety measure is taken.
  • Application of other laws
    • The requirements of this rule shall be in addition to and without any prejudice to and not in derogation of the requirements of any other law in force.
    • Certificates or reports of any examination, or test of any pressure vessel or plant to which sub-rules (7) to (9) do not apply, conducted or required to be conducted under any other law in force and other relevant record relating to such pressure vessel or plant, shall be properly maintained as required under the said law and shall be produced on demand by the Inspector.
63. Water-sealed gasholder

63. Water-sealed gasholder

  • The expression “gasholder” means a water-sealed gasholder, which has
    a storage capacity of not less than 141.5 cubic meters.
  • Every gasholder shall be of adequate material and strength, sound construction and properly maintained.
  • Where there is more than one gasholder in a factory, every gasholder shall be marked in a conspicuous position with a distinguishing number or letter.
  • Every gasholder shall be thoroughly examined externally by a competent person at least once in a period of 12 months.
  • In the case of gasholder of which any lift has been in use for more than 10 years, the internal state of the sheeting shall, within one year of the coming into operation of these rules and thereafter at least once in every period of four years, be examined by a competent person by means of electronic or other accurate devices :

    Provided that if the Chief Inspector is satisfied that such electronic or other accurate devices are not available, he may permit the cutting of samples from the crown and the sides of the holder.

    Provided further that if the above examination raises a doubt, an internal visual examination shall be made.

  • All possible steps shall be taken to prevent or minimise ingress of impurities in the gasholder.
  • No gasholder shall be repaired or demolished except under the direct supervision of a person who, by his training, experience and knowledge of the necessary precautions against risks of explosion and of persons being overcome by gas, is competent to supervise such work.
    • All sample discs cut under sub-rule (5) above shall be kept readily available for inspection.
    • A permanent register in Form 12 duly signed by the occupier or manager shall be maintained.
    • The results of examinations by the competent person carried out as required under sub rules (4) and (5) shall be recorded in Form 13.
    • A copy of the report in Form 13 shall be kept in the register in Form 12 and both the register and the report shall be readily available for inspection.
  • The Inspector of Factories shall inspect the gasholder at least once in a period of 12 months.
64. Excessive weights

Rule prescribed under sub-section (2) of Section 34

64. Excessive weights

  • No woman or young person shall, unaided by another person, lift, carry or move by hand or on head, any material, article, tool or appliance exceeding the maximum limit in weight set out in the following schedule

    SCHEDULE

    PersonsMaximum weight of material,article, tool or appliance
    (a) Adult male55 Kilograms
    (b) Adult female30 Kilograms
    (c) Adolescent male30 Kilograms
    (d) Adolescent female20 Kilograms
    (e) Male child16 Kilograms
    (f) Female child14 Kilograms
  • No woman or young person shall engage, in conjunction with others, in lifting, carrying or moving by hand or on head any material, article, tool or appliance, if the weight thereof exceeds the lowest weight fixed by the schedule to sub-rule(1) for any of the persons engaged, multiplied by the number of the persons engaged.
65. Protection of eyes

Rule prescribed under section 35

65. Protection of eyes

Effective screens or suitable goggles shall be provided for the protection of persons employed in or in the immediate vicinity of the following processes :-

  • The processes specified in Schedule I annexed hereto, being processes, which involve risk of injury to eyes from particles or fragments thrown off in the course of the processes.
  • The processes specified in Schedule II annexed hereto, being processes, which involve risk of injury to eyes by reason of exposure to excessive light or infrared or ultra-violet radiations.

SCHEDULE I

  • Breaking, cutting, dressing or carving of bricks, stone, concrete, slag or similar materials by means of a hammer, chisel, pick or similar hand tool, or by means of a portable tool driven by mechanical power, and the dry grinding of surfaces of any such materials by means of a wheel or disc driven by mechanical power, where, in any of the foregoing cases, particles or fragments are liable to be thrown off towards the face of the operator in the course of the process.
  • Dry grinding of surfaces of metal by applying them by hand to a wheel, disc or band driven by mechanical power, and of surfaces of metal by means of a portable tool driven by mechanical power.
  • Dividing into separate parts of metal, bricks, stone, concrete or similar materials by means of a high speed saw driven by mechanical power or by means of an abrasive cutting-off wheel or disc driven by mechanical power.
  • Turning of metals or articles of metal, where particles or fragments are liable to be thrown off towards the face of the operator in the course of the process.
  • Drilling by means of portable tools, where particles or fragments are liable to be thrown off towards the face of the operator in the course of the process.
  • Welding and cutting of metals by means of an electric, Oxy- acetylene or similar process.
  • Hot fettling of steel castings by means of a flux-injected burner or air torch, and de-seaming of metal.
  • Fettling of metal castings involving the removal of metal, including runners, gates and risers, and removal of any other material during the hours or such fettling.
  • Chipping of metal, and chipping, knocking out, cutting out or cutting off of cold rivets, bolts, nuts, lugs, pins, collars or similar articles from any structure or plant, or from part of any structure or plant, by means of a hammer, chisel punch or similar hand tool, or by means of a portable tool driven by mechanical power.
  • Chipping or scurfing of paint, scale, slag, rust or other corrosion from the surface of metal and other hard materials by means of a hand tool or by a portable tool driven by mechanical power.
  • Breaking of scrap metal by means of a hammer or by means of a tool driven by mechanical power.
  • Routing of metal, where particles or fragments are liable to be thrown off towards the face of the operator in the course of the process.
  • Work with drop hammers and power hammers used in either case for the manufacture of forging, and work by any person not working with such hammers, whose work is carried on in such circumstances and in such a position that particles or fragments are liable to be thrown off towards his face during work with drop hammers or power hammers.
  • Work at a furnace where there is risk to the eyes from molten metal.
  • Pouring or skimming of molten metal.
  • Work involving risk to the eyes from hot sand being thrown off.
  • Truing or dressing of an abrasive wheel.
  • Handling in open vessels or manipulation of strong acids or dangerous corrosive liquids or materials, and operation, maintenance or dismantling of plant or any part of plant, being plant or part of plant which contains or has contained such acids, liquids or materials, unless the plant or part of plant has been so prepared (by isolation, reduction of pressure, or otherwise), treated, or designed and constructed as to prevent risk of injury.
  • Any other process wherein there is a risk of injury to eyes from particles or fragments thrown off during the course of the process.

SCHEDULE II

  • Welding or cutting of metals by means of an electrical, oxy- acetylene or similar process.
  • All work on furnaces where there is risk of exposure to excessive light or infrared radiations.
  • Process such as rolling, casting or forging of metals where there is risk of exposure to excessive light or infrared radiations.
  • Any other process wherein there is a risk of injury to eyes from exposure to excessive light or infrared or ultraviolet radiations.
66. Minimum dimensions of manholes

Rule prescribed under sub section(6) of section 36.

66. Minimum dimensions of manholes

Every chamber, tank, vat, pipe, flue or other confined space, which persons may have to enter and which may contain dangerous fumes to such an extent as to involve risk of the persons being overcome thereby, shall unless there is other effective means of egress, be provided with a manhole which may be rectangular, oval or circular in shape and which shall

  • in the case of a rectangular or oval shape, be not less than 40 centimetres long and 30 centimetres wide; and
  • in the case of a circular shape, be not less than 40 centimetres in diameter.
67. Exemptions

Exemptions under section (5) of section 37.

67. Exemptions

The requirements of sub-section (4) of section 37 shall not apply to the following processes carried on in any factory

  • the operation of repairing a water sealed gasholder by the electric welding process, subject to the following conditions :
    • the gasholder shall contain only the following gases, separately or mixed at a pressure greater than atmospheric pressure, namely, town gas, coke-oven gas, producer gas, blast furnace gas, or gases other than air, used in their manufacture:

      Provided that this exemption shall not apply to any gasholder containing acetylene or mixture of gases to which acetylene has been added intentionally; and

    • welding shall only be done by the electric welding process and shall be carried out by experienced operatives under the constant supervision of a competent person;
  • the operations of cutting or welding steel or wrought iron gas mains and services by the application of heat, subject to the following conditions :
    • the main or service shall be situated in the open air, and it shall contain only the following gases, separately or mixed at a pressure greater than atmospheric pressure, namely, town gas, coke-oven gas, producer gas, blast furnace gas, or gases other than air, used in their manufacture
    • the main or service shall not contain acetylene or any gas or mixture of gases to which acetylene has been added intentionally;
    • the operation shall be carried out by an experienced person or persons and at least 2 persons (including those carrying out the operations) experienced in work on gas mains and over 18 years of age shall be present during the operation;

      the site of the operation shall be free from any flammable or explosive gas or vapour;

      where acetylene gas is used as a source of heat in connection with

      an operation, it shall be compressed and contained in a porous

      substances in a cylinder; and

  • Prior to the application of any flame to the gas main or service, this shall be pierced or drilled and the escaping gas ignited.
  • the operation of repairing an oil tank on any ship by the electric welding process shall be subject to the following conditions :
    • the only oil contained in the tank shall have a flash point of not less than 65.5 degrees centigrade (close test) and a certificate to this effect shall be obtained from a competent analyst;
    • the analyst’s certificate shall be kept available for inspection by an Inspector, or by any person employed or working on the ship;
    • the welding operation shall be carried out only on the exterior surface of the tank at a place (a) which is free from oil or oil leakage in flammable quantities and (b) which is not less than 30 centimetres below the nearest part of the surface of the oil within the tank; and
    • welding shall be done only by the electric welding and shall be carried out by experienced operatives under the constant supervision of a competent person.
68. Fire protection

Rule prescribed etc. under sections 38 41

68. Fire protection

  • Processes, equipment, plant involving serious explosion and cribbed under serious fire hazards
    • All processes, storages, equipments, plants, etc. involving serious explosion and flash fire hazard shall be located in segregated buildings where the equipment shall be so arranged that only a minimum number of employees are exposed to such hazards at any one time.
    • All industrial processes involving serious fire hazard should be located in buildings or work places separated from one another by walls of fire-resistant construction.
    • Equipment and plant involving serious fire or flash fire hazard shall, wherever possible, be so constructed and installed that in case of fire, they can be easily isolated.
    • Ventilation ducts, pneumatic conveyors and similar equipment involving a serious fire risk should be provided with flame-arresting or automatic fire extinguishing appliances, or fire-resisting dampers electrically interlocked with heat sensitive/smoke detectors and the air-conditioning plant system.
    • In all workplaces having serious fire or flash fire hazards, passages between machines, installations or piles of material should be at least 90 com. wide. For storage piles, the clearance between the ceiling and the top of the pile should not be less than 2m.
  • Access for fire fighting
    • Buildings and plants shall be so laid out and roads, passageways etc. so maintained as to permit unobstructed access for fire fighting.
    • Doors, and window openings shall be located in suitable positions on all external walls of the building to provide easy access to the entire area within the building for fire fighting.
  • Protection against lighting

    Protection from lightning shall be provided for :

    • building in which explosive or highly flammable substances are manufactured, used, handled or stored;
    • storage tanks containing oils, paints, or other flammable liquids;
    • grain elevators;
    • buildings, tall chimneys or stacks where flammable gases, fumes, dust or lint are likely to be present;
    • Sub-station buildings and out-door transformers and switchyards.
  • Precautions against ignition

    Wherever there is danger of fire explosion from accumulation of flammable or explosive substances in air :

    • all electrical apparatus shall either be excluded from the area of risk or they shall be of such construction and so installed and maintained as to prevent the danger of their being a source of ignition
    • effective measures shall be adopted for prevention of accumulation of static charges to a dangerous extent;
    • workers shall wear shoes without iron or steel nails or any other exposed ferrous materials which is likely to cause sparks by friction;
    • smoking, lighting or carrying of matches, lighters or smoking materials shall be prohibited;
    • transmission belts with iron fasteners shall not be used; and
    • all other precautions, as are reasonably practicable, shall be taken to prevent initiation of ignition fro all other possible sources such as open flames, frictional sparks, overheated surfaces of machinery or plant, chemical reaction and radiant heat.
  • Spontaneous ignition.

    Where materials are likely to induce spontaneous ignition, care shall be taken to avoid formation of air pocket and to ensure adequate ventilation. The material susceptible to spontaneous ignition should be stored in dry condition and should be in heaps of such capacity and separated by such passage, which will prevent fire. The materials susceptible to ignition and stored in the open shall be at a distance not less than 10 meters away from process or storage buildings.

  • Cylinders containing compressed gas

    Cylinders containing compressed gas may only be stored in open if they are protected against excessive variation of temperature, direct rays of sun, or continuous dampness. Such cylinders shall never be stored near highly flammable substances, furnaces or hot processes. The room where such cylinders are stored shall have adequate ventilation.

  • Storage of flammable liquids
    • The quantity of flammable liquids in any workroom shall be the minimum required for the process or processes carried on in such room. Flammable liquids shall be stored in suitable containers with close fitting covers:

      Provided that not more than 20 litres of flammable liquids having a flash point of 21 degrees centigrade or less shall be kept or stored in any workroom.

    • Flammable liquids shall be stored in closed containers and in limited quantities in well-ventilated rooms of fire resisting construction, which are isolated from the remainder of the building by firewalls and self-closing fire doors.
    • Large quantities of such liquids shall be stored in isolated adequately ventilated building of fire resisting construction or in a storage tanks, preferably underground and at a distance from any building as required in the Petroleum Rules, 1976.
    • Effective steps shall be taken to prevent leakage of such liquids into basements, sumps or drains and to confine any escaping liquid within safe limits.
  • Accumulation of flammable dust, gas, fume or vapour in air or flammable waste material on the floors :
    • Effective steps shall be taken for removal or prevention of the accumulation in the air of flammable dust, gas, fume or vapour to an extent, which is likely to be dangerous.
    • (b) No waste material of a flammable nature shall be permitted to accumulate on the floors and shall be removed at least once in a day or shift, and more often, when possible. Such materials shall be placed in suitable metal containers with covers wherever possible.
  • Fire exits
    • In this rule
      • ”horizontal exit” means an arrangement which allows alternative egress from a floor area to another floor at or near the same level in an adjoining building or an adjoining part of the same building with adequate separation; and
      • ”travel distance” means the distance an occupant has to travel to reach an exit.
    • An exit may be a doorway, corridor, passageway to an external stairway or to a verandah or to an internal stairway segregated from the rest of building by fire resisting walls which shall provide continuous and protected means of egress to the exterior of a building or to an exterior open space. An exit may also include a horizontal exit leading to an adjoining building at the same level.
    • Lifts, escalators and revolving doors shall not be considered as exits for the purpose of this sub-rule.
    • In every room of a factory exits sufficient to permit safe escape of the occupants in case of fire or other emergency shall be provided which shall be free of any obstruction.
    • The exits shall be clearly visible and suitably illuminated with suitable arrangement, whatever artificial lighting is to be adopted for this purpose, to maintain the required illumination in case of failure of the normal source of electric supply.
    • The exits shall be marked in a language understood by the majority of the workers.
    • Iron rung ladders or spiral staircases shall not be used as exit staircases.
    • Fire resisting doors or roller shutters shall be provided at appropriate places along the escape routes to prevent spread of fire and smoke, particularly at the entrance of lifts or stairs where funnel or flue effect may be created inducing an upward spread of fire.
    • All exits shall provide continuous means of egress to the exterior of a building or to an exterior open space leading to a street.
    • Exits shall be so located that the travel distance to reach at least one of them on the floor shall not exceed 30 meters.
    • In case of those factories where high hazard materials are stored or used, the travel distance to the exit shall not exceed 22.5 metres and there shall be at least two ways of escape from every room, however small, except toilet rooms, so located that the points of access thereto are out of or suitably shielded from areas of high hazard.
    • Wherever more than on exit is required for any room, space or floor, exits shall be placed as remote from each other as possible and shall be arranged to provide direct access in separate directions from any point in the area served.
    • The unit of exit width used to measure capacity of any exit shall be 50 cm. A clear width of 25 cm. shall be counted as an additional half unit. Clear width of less than 25 cm. shall not be counted for exit width.
    • Occupants per unit width shall be 50 for stairs and 75 for doors.
    • For determining the exits required, the occupant load shall be reckoned on the basis of actual number of occupants within any floor area or 10 square metres per person, whichever is more.
    • There shall not be less than two exits serving every floor area above and below the ground floor, and at least one of them shall be an internal enclosed stairway.
    • For every building or structure used for storage only, and every section thereof considered separately, shall have access to at least one exit so arranged and located as to provide a suitable means of escape for any person employed therein, and in any such room wherein more than 10 persons may be normally present, at least two separate means of exit shall be available, as remote from each other as practicable.
    • Every storage area shall have access to at least one means of exit, which can be readily opened.
    • Every exit doorway shall open into an enclosed stairway, a horizontal exit on a corridor or passageway providing continuous and protected means of egress.
    • No exit doorway shall be less than 100-cm. in width. Doorways shall be not less than 200 cm. in height.
    • Exit doorways shall open outwards, that is, away from the room but shall not obstruct the travel along any exit. No door when opened shall reduce the required width of a stairway or landing too less than 90 cm. Over head or sliding doors shall not be installed for this purpose.
    • An exit door shall not open immediately upon a flight of stairs. A landing at least 1.5 m x 1.5 m in size shall be provided in the stairway at each doorway. The level of landing shall be the same as that of the floor, which it serves.
    • The exit doorways shall be openable from the side, which they serve without the use of a key.
    • Exit corridors and passageways shall be of a width not less than the aggregate required width of exit doorways leading from there in the direction of travel to the exterior.
    • Where stairways discharge through corridors and passageways, the height of the corridors and passageways shall not be less than 2.4 metres.

      (aa) A staircase shall not be arranged round a lift shaft unless the latter is totally enclosed by a material having a fire-resistance rating not lower than that of the type of construction of the former.

      (bb) Hollow combustible construction shall not be permitted.

      (cc) The minimum width of an internal staircase shall be 100 cm.

      (dd) The minimum width of treads without nosing shall be 25 cm. for an internal staircase. The treads shall be constructed and maintained in a manner to prevent slipping.

      (ee) The maximum height of a riser shall be 19 cm. and the number of risers shall be limited to 12 per flight.

      (ff) Handrails shall be provided with a minimum height of 100 cm. and shall be firmly supported.

      (gg) The use of spiral staircase shall be limited to low occupant load and to a building of height of 9 metres, unless they are connected to platforms such as balconies and terraces to allow escapees to pause. A spiral staircase shall be not less than 300 cm. in diameter and have adequate headroom.

      (hh) The width of a horizontal exit shall be same as for the exit doorways.

      (ii) The horizontal exit shall be equipped with at least one fire door of self-closing type.

      (jj) The floor area on the opposite or refuge side of a horizontal exit shall be sufficient to accommodate occupants of the floor areas served, allowing not less than 0.3 square metre per person. The refuge area shall be provided with exits adequate to meet the requirements of this sub-rule. At least one of the exits shall lead directly to the exterior or street.

      (kk) Where there is difference in level between connected areas for horizontal exit, ramps nor more than 1 in 8 slope shall be provided. For this purpose steps shall not be used.

      (ll) Doors in horizontal exits shall be openable at all times.

      (mm) Ramps with a slope of not more than 1 in 10 be substituted for the requirements of staircase. For all slopes exceeding 1 in 10 and wherever the use is such as to involve danger of slipping, the ramp shall be surfaced with non-slipping material.

      (nn) In any building nor provided with automatic fire alarm a manual fire alarm system shall be provided if the total capacity of the building is over 500 persons, or if more than 25 persons are employed above or below the ground floor, except that no buildings where the entire area is undivided and all parts thereof are clearly visible to all occupants.

  • First-aid fire fighting arrangements
    • In every factory there shall be provided and maintained adequate and suitable fire fighting equipment for fighting fires in the early stages, these being referred to as first-aid fire fighting equipment in this rule.
    • The types of first-aid fire fighting equipment to be provided shall be determined by considering the different types of fire risks which are classified as follows :
      • (i) ”Class A fire” - Fire due to combustible materials such as wood, textiles, paper, rubbish and the like.
        • “Light hazard” - Occupancies like offices, assembly halls, canteens, rest-rooms, ambulance rooms and the like;
        • “Ordinary hazard” - Occupancies like saw mills, carpentry shop, small timber yards, book binding shops, engineering workshop and the like;
        • “Extra hazard” - Occupancies like large timber yards, godowns storing fibrous materials, flour mills, cotton mills, jute mills, large wood working factories and the like;
      • “Class B fire” - Fire in flammable liquids like oil, petroleum products, solvents, grease, paint, etc.
      • “Class C fire” - Fire arising out of gaseous substances.
      • “Class D fire” - Fire from reactive chemicals, active metals and the like.
      • “Class E fire” - Fire involving electrical equipment and delicate machinery and the like.
    • The number and types of first-aid fire fighting equipment to be provided for ‘light hazard’ occupancy shall be as given in Schedule I. For “ordinary hazard or extra hazard” occupancies equipment as given in paragraph 12 shall be provided in addition to that given in Schedule I.
    • The first-aid fire fighting equipment shall conform to the relevant Indian Standards.
    • As far as possible the first-aid fire fighting equipment shall all be similar in shape and appearance and shall have the same method of operation.
    • All first-aid fire fighting equipment shall be placed in a conspicuous position and shall be readily and easily accessible for immediate use. Generally, these equipment shall be placed as near as possible to the exits or stair landing or normal routes of escape.
    • All water buckets and bucket pump type extinguishers shall be filled with clean water. All sand buckets shall be filled with clean, dry and fine sand.
    • All other extinguishers shall be charged appropriately in accordance with the instructions of the manufacturer.
    • Each first-aid fire fighting equipment shall be allotted a serial number by which it shall be referred to in the records. The following details shall be painted with white paint on the body of each equipment.
      • Serial number;
      • Date of last refilling; and
      • Date of last inspection.
    • First-aid fire fighting equipment shall be placed on platforms or in cabinets in such a way that their bottom is 750 mm above the floor level. Fire buckets shall be placed on hooks attached to a suitable stand or wall in such a way that their bottom is 750 mm above the floor level. Such equipment if placed outside the building, shall be under sheds or covers.
    • All extinguishers shall be thoroughly cleaned and re-charged immediately after discharge. Sufficient refill material shall be kept readily available for this purpose at all times.
    • All first-aid fire fighting equipment shall be subjected to routine maintenance, inspection and testing to be carried out by properly trained persons. Periodicity of the routine maintenance, inspection and test shall conform to the relevant Indian Standards.
  • Other fire fighting arrangements

    In every factory, adequate provision of water supply for fire fighting shall be made and where the amount of water required in litres per minute, as calculated from the formula A+B+C+D divided by 20 is 550 or more, power driven trailor pumps of adequate capacity to meet the requirement of water as calculated above shall be provided and maintained.

    In the above formula -

    A = the total area in square metres of all floors including

    galleries in all buildings of the factory

    B = the total area in square metres of all floors and galleries

    including open spaces in which combustible materials

    are handled or stored;

    C = the total area in square metres of all floors over 15

    metres above ground level; and

    D = the total area in square metres of all floors of all buildings

    other than those of fire resisting construction.

    Provided that in areas where the fire risk involved does not require use of water, such areas under B, C or D may, for the purpose of calculation, be halved.

    Provided further that where the areas under B, C or D are protected by permanent automatic fire fighting installations approved by any fire association or fire insurance company, such areas may, for the purpose of calculation, be halved.

    Provided also that where the factory is situated at not more than 3 kilometres from an established city or town fire service, the pumping capacity based on the amount of water arrived at by the formula above may be reduced by 25%; but no account shall be taken of this reduction in calculating water supply required under clause (a).

    • Each trailer pump shall be provided with equipment as per schedule II appended to this rule. Such equipment shall conform to the relevant Indian Standards.
    • Trailer pumps shall be housed in a separate shed or sheds, which shall be sited, closed to a principal source of water supply in the vicinity of the main risks of the factory.
    • In factories where the area is such as cannot be reached by man-hauling of trailer pumps within a reasonable time vehicles with towing attachment shall be provided at the scale of one for every four trailer pumps with a minimum of one such vehicle kept available at all times.
    • Water supply shall be provided to give flow of water as required under clause (a) for at least 100 minutes. At least 50% of this water supply or 450,000 litres whichever is less, shall be in the form of static tanks of adequate capacities (not less than 450,000 litres each) distributed round the factory with due regard to the potential fire risks in the factory. (Where piped supply is provided, the size of the main shall not be less than 15 centimetres diameter and it shall be capable of supplying a minimum of 4,500 litres per minute at a pressure of not less 7 kilograms per square centimetre.
    • All trailer pumps including the equipment provided with them and the vehicles for towing them shall be maintained in good condition and subjected to periodical inspection and testing as required.
  • Personnel in charge of equipment and for fire fighting, fire drills etc.:
    • The first aid and other fire fighting equipment to be provided as required in sub-rules (10) and (11) shall be in charge of a trained responsible person.
    • Sufficient number of persons shall be trained in the proper handling of fire fighting equipment as referred to in clause (a) and their use against the types of fire for which they are intended to ensure that adequate number of persons are available for fire fighting both by means of first-aid fire fighting equipment and others. Such persons shall be provided with clothing and equipment including helmets, belts and boots, preferably gumboots. Wherever vehicles with towing attachment are to be provided as required in clause (d) of sub-rule (11) sufficient number of persons shall be trained in driving these vehicles to ensure that trained persons are available for driving them whenever the need arises.
    • Fire fighting drills shall be held as often as necessary and at least once in every period of 2 months.
  • Automatic sprinklers and fire hydrants shall be in addition and not in substitution of the requirements in sub-rules (10) and (11).
  • If the Chief Inspector is satisfied in respect of any factory or any part of the factory that owing to the exceptional circumstances such as inadequacy of water supply or infrequency of the manufacturing process or for any other reason, to be recorded in writing, all or any of the requirements of the rules are impracticable or not necessary for the protection of workers, he may by order in writing (which he may at his discretion revoke) exempt such factory or part of the factory from all or any of the provisions of the rules subject to conditions as he may by such order prescribe.

SCHEDULE I

First Aid Fire Fighting Equipments

  • The different type of fires and first aid fire fighting equipments suitable for use on them are as under:
     Class of FireSuitable type of Appliances
    AFires in ordinary combus-tibles (wood, vegetable fibres, paper & the like)Chemical Extinguishers of Soda acid, Gas/expelled water and anti-freeze types, and water buckets.
    BFires in flammable liquids,paints, grease, solvents and the likeChemical Extinguishers of foam, Carbon dioxide and dry powder types and sand buckets.
    CFires in gaseous substances under pressureChemical Extinguishers of carbon dioxide.and dry powder types
    DFires in Reactive Chemicals, active metals and the likeSpecial type of dry powder extinguishers and sand buckets
    EFires in electrical EquipmentsChemical Extinguishers of carbon dioxide.and dry powder type and sand buckets.
  • One 9 litres water bucket shall be provided for every 100 sq.m. of the floor area or part thereof and one 9 litres water type extinguishers shall be provided to six buckets or part thereof with a minimum of one extinguisher and two buckets per compartment of the building. Buckets may be dispensed with, provided supply of extinguishers is double that indicated above.
  • Acceptable replacements for Water buckets and water type extinguishers in occupancies where Class B fires are anticipated, are as under :
    Acceptable Replacements Buckets
    of water
    Water type Extinguishers 
     For one bucket For three bucketsFor each 9 ltrs.

     

    (or 2 gallens) Extinguishers

    Dry sand1 bucket 3 buckets-
    Carbondioxide Extinguishers3kg (or 7 lbs.) 9kg. (or 20 lbs)

     

    In not less than 2 extinguishers)

    9kg. (or 20 lbs)
    Dry powder2kg (or 5 lbs.) 5 kg. (or 11 lbs.)

     

    In one or more extinguishers)

    5 kg. (or 11 lbs.)
    Foam extinguishers9 lts. (or 2 gallons) 9 lts. (or 2 gallons)9 lts. (or 2 gallons)
  • The following provisions shall be complied with where Class E fires are anticipated
    • For rooms containing electrical transformers, switchgears, motors and/or other electrical apparatus only, not less than two kg. Dry Powder or Carbon Dioxide type extinguishers shall be provided within 15 m. of the apparatus.
    • Where motors and/or other electrical equipment are installed in rooms other than those containing such equipment only, one 5 kg. Dry Powder or Carbon dioxide Extinguisher shall be installed within 15 m. of such equipment in addition to the requirements of mentioned at (2) and (3) above. For this purpose the same extinguisher may be deemed to afford protection to all apparatus within 15 m. thereof.
    • Where electrical motors are installed on platforms, one 2 kg. Dry Powder or Carbon Dioxide type extinguisher shall be provided on or below each platform. In case of a long platform with a number of motors, one extinguisher shall be acceptable as adequate for every 3 motors on the common platform. The above requirements will be in addition to the requirements mentioned at Item (2) (3) above.
  • The first aid fire fighting equipments shall be so distributed over the entire floor area that a person has to travel not more than 15 m. to reach the nearest equipment.
  • Selection of sites for the installation of first aid fire fighting equipments
    • While selecting sites for first aid fire fighting equipments, due consideration shall be given to the nature of the risk to be covered. The equipments shall be placed in conspicuous positions and shall be readily accessible for immediate use in all parts of the occupancy. It should always be borne in mind while selecting sites that first aid fire fighting equipments are intended only for use in incipient fires and their values may be negligible if the fire is not extinguished or brought under control in the early stages.
    • Buckets and extinguishers shall be placed at convenient and easily accessible locations either on hangers or on stands in such a way that their bottom is 750 mm. above the floor level.
  • The operating instructions of the extinguishers shall not be defaced or obliterated. In case the operating instructions are obliterated or have become illegible due to passage of time fresh transfers of the same shall be obtained from the manufacturers of the equipments and affixed to the extinguishers.

SCHEDULE II

Equipment to be provided with Trailer Pump

For light trailer pump of a capacity of 680 litres/minute

1 Armoured suction hose of 9 metres length, with wrenches

1 Metal suction strainer

1 Basket strainer

1 Two-way suction collecting head

1 Suction adaptor

10 Unlined or rubber lined 70 mm. delivery hose of 25 metres length complete with quick-release couplings

1 Dividing breaching-piece

2 Branch-piece with 15 mm nozzles

1 Diffuzer nozzle

1 Standpipe with blank cap

1 Hydrant key

4 Collapsible canvas buckets

1 Fire hook (preventor) with cutting edge

1 25 mm manila rope of 30 metres length

1 Extension ladder of 9 metres length (where necessary)

1 Heavy axe

1 Spade

1 Pick axe

1 Crowbar

1 Saw

1 Hurricane lamp

1 Electric torch

1 Pair rubber gloves

For large trailer pump of capacity of 1800 litres/minute

1 Armoured suction hose of 9 metres length, with wrenches

1 Metal strainer

1 Basket Strainer

1 Three-way suction collecting-head

1 Suction adaptor

14 Unlined or rubber lined 70 mm. delivery hose of 25 metres length complete with quick-release couplings

1 Dividing breaching-piece

1 Collecting breaching-piece

4 Branch pipes with one 25 mm, two 20 mm and one diffuser nozzle

2 Standpipe with blank caps

2 Hydrant keys

6 Collapsible canvas buckets

1 Coiling hook (preventor) with cutting edge

1 50 mm. manila rope of 30 metres length

1 Extension ladder of 9 metres length (where necessary)

1 Heavy axe 1 Saw

1 Spade 1 Hurricane lamp

1 Pick axe 1 Electric torch

1 Crowbar 1 Pair rubber gloves

Note :- If it appears to the Chief Inspector of Factories that in any factory the provision of breathing apparatus is necessary he may by order in writing require the occupier to provide suitable breathing apparatus in addition to the equipment for light trailer pump or large trailer pump as the case may be.

69. Safety Officers

Rule prescribed under Section 40-B

69. Safety Officers

  • Qualifications
    • A person shall not be eligible for appointment as a Safety Officer unless he –
      • possesses -

        (aa) a recognised degree in any branch of engineering or technology and has had practical experience of working in a factory in a supervisory capacity for a period of not less than 2 years; or

        (bb) a recognised degree in physics or chemistry and has had practical experience of working in a factory in a supervisory capacity for a period of not less than 5 years; or

        (cc) a recognised diploma in any branch of engineering or technology and has had practical experience of working in a factory in a supervisory capacity for a period of not less than 5 years;

      • possesses a degree or diploma in industrial safety recognised by the State Government in this behalf; and
      • has adequate knowledge of the language spoken by majority of the workers in the region in which the factory where he is to be appointed is situated?
    • Notwithstanding the provisions contained in clause (a), any person who
      • possesses a recognised degree or diploma in engineering or technology and has had experience of not less than 5 years in a department of the Central or State Government which deals with the administration of the Factories Act, 1948 or the Indian Dock Labourers Act, 1934; or
      • possesses a recognised degree or diploma in engineering or technology and has had experience of not less than 5 years, full time, on training, education, consultancy, or research in the field of accident prevention in industry or in any institution;

      shall also be eligible for appointment as a Safety Officers :

      Provided that the Chief Inspector may, subject to such conditions as may specify, grant exemption from the requirements of this sub-rule, if in his opinion, a suitable person possessing the necessary qualifications and experience is not available for appointment.

      Provided further that, in the case of a person who has been working as a Safety Officer for a period of not less than 3 years on the date of commencement of this rule, the Chief Inspector may, subject to such conditions as he may specify, relax all or any of the above said qualifications.

  • Conditions of service
    • Where the number of Safety Officers to be appointed in a factory as required by a notification in the Official Gazette exceeds one, one of them shall be designated as the Chief Safety Officer and shall have a status higher than that of the others. The Chief Safety Officer shall be in overall charge of the safety functions as envisaged in sub-rule (3), the other Safety Officers working under his control.
    • The Chief Safety Officer or the Safety Officer in the case of factories where only one Safety Officer is required to be appointed, shall be given the status of a senior executive and he shall work directly under the control of the chief executive of the factory. All other Safety Officers shall be given appropriate status to enable them to discharge their functions effectively.
    • The scale of pay and the allowances to be granted to the Safety Officers including the Chief Safety Officer, and the other conditions of their service shall be the same as those of the other officers of corresponding status in the factory.
    • In the case of dismissal or discharge, a Safety Officer shall have a right to appeal to the State Government whose decision thereon shall be final.
  • Duties of Safety Officers

    The duties of a Safety Officer shall be to advise and assist the factory management in the fulfilment of its obligations, statutory or otherwise, concerning prevention of personal injuries and maintaining a safe working environment. These duties shall include the following, namely -

    • to advise the concerned departments in planning and organising measures necessary for the effective control of personal injuries;
    • to advise on safety aspects in all job studies, and to carry out detailed job safety studies of selected jobs;
    • to check and evaluate the effectiveness of the action taken or proposed to be taken to prevent personal injuries;
    • to advise the purchasing and stores departments in ensuring high quality and availability of personal protective equipment;
    • to provide advice on matters related to carrying out plant safety inspections;
    • to carry out plant safety inspections in order to observe the physical conditions of work and the work practices and procedures followed by workers and to render advice on measures to be adopted for removing the unsafe physical conditions and preventing unsafe actions by workers;
    • to render advice on matters related to reporting and investigation of industrial accidents and diseases;
    • to investigate selected accidents;
    • to investigate the cases of industrial diseases contracted and dangerous occurrences reportable under rule 121;
    • to advise on the maintenance of such records as are necessary relating to accidents, dangerous occurrences and industrial diseases;
    • to promote setting up of safety committees and act as adviser and catalyst to such committees;
    • to organise in association with the concerned departments, campaigns, competitions, contests and other activities which will develop and maintain the interest of the workers in establishing and maintaining safe conditions of work and procedures; and
    • to design and conduct either independently or in collaboration with the training department, suitable training and educational programme for the prevention of personal injuries.
  • Facilities to be provided to Safety Officers. - An occupier of the factory shall provide each Safety Officer with such facilities, equipment and information as are necessary to enable him to discharge his duties effectively.
  • Prohibition of performance of other duties. - No safety Officer shall be required or permitted to do any work which is inconsistent with or detrimental to the performance of the duties prescribed in sub-rule (3).
70. Buildings and structures

Rules 70 to 73 prescribed under section 41

70. Buildings and structures

No building, wall, chimney, bridge, tunnel, road, gallery, stairway, ramp, floor, platform, staging, or other structure, whether of a permanent or temporary character, shall be constructed, situated or maintained in any factory in such a manner as to cause risk of bodily injury.

71. Machinery and plant

71. Machinery and plant

No machinery, plant or equipment shall be constructed, situated, operated or maintained in any factory in such a manner as to cause risk of bodily injury

72. Methods of work

72. Methods of work

No process or work shall be carried in any factory in such a manner as to cause risk of bodily injury.

73. Stacking and storing of materials, etc.

73. Stacking and storing of materials, etc.

No materials or equipment shall be stacked or stored in such a manner as to cause risk of bodily injury.

74. Ovens and Driers

74. Ovens and Driers

  • Application

    This rule shall apply to ovens and driers, except those used in laboratories or kitchens of any establishment and those, which have a capacity below 325 litres.

  • Definition

    For the purpose of this Rule, oven or drier means any enclosed structure, receptacle, compartment or box, which is used for baking, drying or otherwise processing of any article or substance at a temperature higher than the ambient temperature of the air in the room or space in which the oven or drier is situated, and in which a flammable substance is likely to be evolved within the enclosed structure, receptacle, compartment or box or part thereof on account of the article or substance which is baked, dried or otherwise processed within it.

  • Separate electrical connection

    Electrical power supplied to every oven or drier shall be by means of a separate circuit provided with an isolation switch.

  • Design, construction, examination and testing.
    • Every oven or drier shall be properly designed on sound engineering practice and be of good construction, sound materials and adequate strength, free from any patent defects and safe if properly used.
    • No oven or drier shall be taken into use in a factory for the first time unless a competent person has thoroughly examined all its parts and carried out the tests as are required to establish that the necessary safe systems and controls provided for safety in operation for the processes for which it is to be used and a certificate of such examination and tests signed by that competent person has been obtained and is kept available for inspection.
    • All parts of an oven or drier which has undergone any alteration or repair which has the effect of modifying any of the design characteristics, shall not be used unless a thorough examination and tests as have been mentioned in clause (b) has been carried out by a competent person and a certificate of such examination and tests signed by that competent person has been obtained and is kept available for inspection.
  • Safety ventilation
    • Every oven or drier shall be provided with a positive and effective safety ventilation system using one or more motor-driven centrifugal fans so as to dilute any mixture of air and any flammable substance that may be formed within the oven or drier and maintain the concentration of the flammable substance in the air at a safe level of dilution.
    • The safe level of dilution referred to in clause (a) shall be so as to achieve a concentration of the concerned flammable substance in air of not more than 25 percent of its lower explosive limit.
      Provided that a level of concentration in air upto 50 percent of the lower explosive limit of the concerned flammable substance may be permitted to exist subject to installation and maintenance of an automatic device which -
      • shows continuously the concentration of the flammable substances in air present in the oven or drier at any instant
      • sounds an alarm when the concentration of the flammable substance in air in any part of the oven or drier reaches a level of 50 percent of its lower explosive limit; and
      • shuts down the heating system of the oven or drier automatically when the concentration in air of the flammable substance in any part of the oven or drier reaches a level of 60 percent of its lower explosive limit, is provided to the oven or drier and maintained in efficient working condition
    • No oven or drier shall be operated without its safety ventilation system working in an efficient manner.
    • No oven or drier shall be operated with a level of dilution less than what is referred to in clause (b).
    • Exhaust ducts of safety ventilation systems should be so designed and placed that their ducts discharge the mixture of air and flammable substance away from the workrooms and not near windows or doors or other openings from where the mixture could re-enter the workrooms.
    • The fresh air admitted into the oven or drier by means of the safety ventilation system shall be circulated adequately by means of circulating fan or fans through all parts of the oven or drier so as to ensure that there are no locations where the flammable substance can accumulate in the air or become pocketed to any dangerous degree.
    • Throttling dampers in any safety ventilation system should be so designed by cutting away a portion of the damper or otherwise, that the system will handle atleast the minimum ventilation rate required for safety when they are set in their maximum throttling position.
  • Explosion panels.
    • Every oven or drier having an internal total space of not less than half cubic metre shall be provided with suitably designed explosion panels so as to allow release of the pressure of any possible explosion within the oven or drier through explosion vents. The area of openings to be provided by means of such vents together with the area of openings of any access doors which are provided with suitable arrangements for their release in case of an explosion, shall be not less than 2200 square centimetre for every one cubic metre of volume of the oven or drier. The design of the explosion panels and doors as above said shall be such as to secure their complete release under an internal pressure of 0.25 kg per square centimetre.
    • The explosion releasing panels, shall, as far as practicable, be situated at the roof of the oven or drier or at those portions of the walls where persons do not remain in connection with operation of the oven or drier.
  • Interlocking arrangements

    In each oven or drier efficient inter-locking arrangements shall be provided and maintained to ensure that

    • all ventilating fans and circulating fans whose failures would adversely effect the ventilation rate or flow pattern, are in operation before any mechanical conveyor that may be provided for feeding the articles or substances to be processed in the oven or drier is put into operation;
    • failure of any of the ventilating or circulating fans will automatically stop any conveyor as referred to in clause (i) as may be provided, as well as stop the fuel supply by closing the shut off valve and shut off the ignition in the case of gas or oil fired oven, and in the case of electrically heated oven switch off the electrical supply to the heaters;
    • the above said mechanical conveyor is set in operation before the above said shut off valve can be energised; and
    • the failure of the above said conveyor will automatically close the above said shut off valve in the case of ovens and driers heated by gas, oil or cut off the electrical heaters in the case of electrically heated ovens or furnaces.
  • Automatic pre-ventilation

    Every oven or drier heated by oil, gas, steam or electrically shall be provided with an efficient arrangement for automatic pre ventilation consisting of at least 3 volume changes with fresh air by operation of safety ventilation fans and the circulating fans (if used) so as to effect purging of the oven or drier of any mixture of air and a flammable substance before the heating system can be activated and before the conveyor can be placed in position.

  • Temperature control

    Every oven or drier shall be provided with an automatic arrangement to ensure that the temperature within does not exceed a safe upper present limit to be decided in respect of the particular processing being carried on.

  • Multistage processes

    Wherever materials are to be processed in ovens or driers in successive operations, suitable arrangement should be provided to ensure that the operating temperatures necessary for safe operation at each stage are maintained within the design limits.

  • Combustible substances not to drip on electrical heaters or burners flame

    Effective arrangements shall be provided in every oven or drier to prevent dripping of combustible substances on electric heaters or burner flame used for heating.

  • Periodical examination, testing and maintenance.
    • All parts of every oven and drier shall be properly maintained and thoroughly examined and the various controls as mentioned in this rule and the working of the oven or drier tested at frequent intervals to ensure its safe operation by a responsible person designated by the occupier or manager, who by his experience and knowledge of necessary precautions against risks of explosion, is fit to undertake such work.
    • A register shall be maintained in which the details of the various tests carried out from time to time under clause (a) shall be entered and every entry made shall be signed by the person making the tests.
  • Training of operators.

    No person shall be assigned any task connected with operation of any oven or drier unless he has completed 18 years of age and he is properly trained.

  • Polymerizing machines.
    • Printed fabric shall be thoroughly dried by passing them over drying cans or through hot flue or other equally effective means, before the same is allowed to pass through polymerising machines.
    • Infrared ray heaters of polymerising machines shall be cut off while running the prints.
75. Shipbuilding and ship-repairing

75. Shipbuilding and ship-repairing.

  • Application :

    This rule shall apply as respects work carried out in any of the operations as defined in sub-rule (2)

  • Definitions

    In this rule unless there is anything repugnant in the subject or context –

    • ”certificate of entry” means a certificate which is given by a person who is a competent analyst and who is competent to give such certificates, and certifies that he has in an adequate and suitable manner tested the atmosphere in the oil-tank or oil-tanks specified in the certificate and found that having regard to all the circumstances of the case, including the likelihood or otherwise of the atmosphere being or becoming dangerous, entry to the oil-tank or oil-tanks without wearing breathing apparatus may in his opinion be permitted;
    • ‘hot work’ means any work which involves
      • welding, burning, soldering, brazing, sand blasting or chipping by spark producing tools; or
      • use of non-flameproof electrical equipment or equipment with internal combustion engines; and includes any other work which is likely top produce sufficient heat capable of igniting flammable gases or vapours;
    • “naked light certificate” means a certificate which is given by a person who is competent analyst and who is competent to give such certificates, and certifies that he has in an adequate and suitable manner tested for the presence of flammable vapour the oil-tank, compartment, space or other part of the vessel specified in the certificate and found it to be free therefrom and that having regard to all the circumstances of the case, including the likelihood or otherwise of the atmosphere becoming flammable, the use of naked lights, fires, lamps or heated rivets or any hot work to be carried out may in his opinion be permitted in the oil-tank, compartment, space or other part of the vessel specified in the certificates;
    • ”oil” means any liquid which has flash point below 132 degrees centigrade and also includes lubricating oils, liquid methane, liquid butane and liquid propane;

      Explanation.- Flash point where ever it occurs in this rule shall be flash point as determined by Abel Closed Cup or Pensky-Marten Closed Cup procedures as described in I.S. 1448-1960.

    • “oil-tank” means any tank or compartment in which oil, or has been carried;
    • “the operations” means -
      • construction, reconstruction, or breaking up of any ship or vessel, repairing, refitting, painting and finishing;
      • the scaling, scuffing or cleaning of its boilers (including combustion chambers or smoke boxes); and
      • the cleaning of its bilge or oil-fuel tanks or any of its tanks last used for carrying oil.

        For the purpose of this definition the expression “oil” means oil of any description whether or not oil within the meaning of foregoing definition of that expression;

    • “ship and vessel” have the same meanings as in the Merchant Shipping Act, 1958;
    • “shipyard” means any yard or dry dock (including the precincts thereof) in which ships or vessels are constructed, reconstructed, repaired, refitted or finished;
    • “stage” means any temporary platform on or from which persons employed perform work in connection with the operations, but does not include a boat-swain’s chair;
    • “staging” includes any stage, and any upright, thwart, thwart pin, wedge, distance piece, belt or other appliance or material, not being part of the structure of the vessel, which is used in connection with the support of any stage, and any guard-rails connected with a stage; and
    • “tanker” means a vessel constructed or adopted for carrying a cargo of oil in bulk.

    Access and staging

  • General access to vessels in a shipyard.

    All main gangways giving general access to a vessel in a shipyard, whether from the ground or from a wharf or quay, and all cross gangways leading from such a main gangway on to the vessel, shall –

    • be at least 60 centimetres wide;
    • be securely protected on each side to a height of at least 90 centimetres by strongly constructed upper and lower hand-rails and by a secure toe-board projecting at least 15 centimetres above the floor;
    • be of good construction, sound material and adequate strength;
    • be stable and, where ever practicable, of permanent construction;
    • be kept in position as long as required; and
    • maintained in good repair.
  • Access to dry dock
    • Every flight of steps giving access from ground level either to an altar or to the bottom of a dry dock shall be provided throughout on each side with a substantial hand-rail. In the case of an open side, secure fencing to height of at least 90 centimetres shall be provided by means of upper and lower rails, taut ropes or chains, or by other equally safe means. For the purposes of this clause a flight of steps which is divided into two by a chute for materials, with no space between either side of the chute and the steps, shall be deemed to be one flight of steps.
    • Such hand-rails and fencing as aforesaid shall be kept in position save when and to the extent to which their absence is necessary (whether or not for the purposes of the operation) for the access of persons, or for the movement of materials or vessels or for traffic or working, or for repair, but hand-rails or fencing removed for any of those purposes shall be kept readily available and shall be replaced as soon as practicable.
  • Access to vessels in dry dock.
    • If a ship is lying in a dry dock for the purpose of undergoing any of the operations, there shall be provided as means of access for the use of workers at such times as they have to pass to, or from, the ship or dry dock
      • where reasonably practicable one or more ship’s accommodation ladders; or
      • one or more soundly constructed gangways or similar constructions.
    • The means so provided shall be not less than 55 centimetres wide properly secured and fenced throughout on each side to a clear height of 90 centimetres by means of upper and lower rails, taut ropes or chains or by any other safe means, except that in the case of the ship’s accommodation ladder, such fencing shall be necessary on one side only provided where the other side is properly protected by the ship’s side.
    • Where at any dry lock, there is a gangway giving access from an alter of the dock to a vessel which is in the dock for the purpose of undergoing any of the altar is unfenced, adequate hand-holds shall be available for any length of the alter which workers commonly use when passing between the gangway and the nearest flight of steps which gives access to ground level.
  • Access to and from bulwarks

    Where there is a gangway leading on to a bulwark of a vessel there shall be provided -

    • Wherever practicable, a platform at the in-board end of the gangway with safe means of access therefrom to the docks; or
    • where such a platform is not practicable, a second gangway or stair way leading from a bulwark on to the dock which are either attached to the first mentioned gangway or placed contiguous to it, in which case means of access, securely protected by fencing, shall be provided from the one to the other.
  • Access to staging, etc.
    • Where outside staging is erected in a shipyard, there shall be provided sufficient ladders giving direct access to the stages having regard to the extent of the staging and to the work to be done.
    • Where a vessel is under construction or reconstruction and workers are liable to go forward or aft or athwartship across or along uncovered deck-beams, or across or along floors, sufficient planks shall be provided on those deck-beams or on these floors for the purpose of access to or from places of work, and sufficient and suitable portable ladders shall be provided so as to give access either from the ground or outer bottom plating to the top of the floor.
    • Without prejudice to any other provision in this rule requiring a greater width, no foot way or passageway constructed of planks shall be less than 45 centimetres wide.
  • Ladders
    • Subject to clauses (b) and © of this sub-rule, every ladder which affords a means of access, communication or support to a person shall
      • be soundly constructed and properly maintained; and
      • be of adequate strength for the purpose for which it is used; and
      • be securely fixed either -

        (aa) as near its upper resting place as possible, or

        (bb) where this is impracticable, at its base, or where such fixing is impracticable a person shall be stationed at the base of the ladder when in use to prevent it from slipping; and

      • unless there is other adequate hand-hold, extend to a height of at least 75 centimetres above the place of landing or the highest rung to be reached by the foot of any person working on the ladder, as the case may be, or, if this is impracticable, to the greatest practicable height.
    • Requirements (iii) and (iv) of the preceding clause of this sub-rule shall not apply to fixed ladders of a ship or to rope ladders. Effective measures by means of roping off or other similar means shall be taken to prevent the use of fixed ladders of a ship which do not comply with requirements (i) and (ii) of that clause.
    • Any worker who removes any ladder and sets it up in a new position shall, as regards that ladder, comply with requirements (iii) of clause (a) of this sub-rule.
    • Rope ladders shall provide foot-hold of a depth including any space behind the ladder of not less than 12 centimetres and, so far as is reasonably practicable, suitable provision shall be made for preventing such ladders from twisting.
  • Lashing of ladders.
    • A fibre rope, or a rope made with strands consisting of wire cores covered with fibre, shall not be used to secure a ladder used for the purpose of the operations.
    • A wire rope shall not be used to secure any such ladder unless its ends are ferruled, but this provision shall not apply in the case of an end which is so situated or protected that a person using the ladder is not liable to come into contact with it so as to suffer injury.
  • Material for staging
    • A sufficient supply of sound and substantial material and appliances shall be available in a convenient place or places for the construction of staging.
    • All planks and other materials and appliances intended to be used or re-used for staging shall be carefully examined before being taken into use or re-use in any staging. Every examination required by this clause shall be carried out by a person competent for the purpose.
  • Staging, dry dock altars and shoring sills.
    • All staging and every part thereof shall be of good construction, of suitable and sound material and of adequate strength for the purpose for which it is used and shall be properly maintained, and every up-right and thwart shall be kept so fixed, secured or placed in position as to prevent, so far as is reasonably practicable, accidental displacement.
    • All planks forming stages shall be securely fastened to prevent them from slipping unless they extend 45 centimetres or more beyond the inside edge of the thwart or support on which they rest.
    • All staging used in connection with the operations shall be inspected before use, and thereafter at regular and frequent intervals, by a responsible person.
    • All dry dock altars and shoring sills on or from which persons perform work in connection with the operations shall be of sound construction and properly maintained.
    • All parts of stages, all parts of foot ways or passageways constructed of planks, and all parts of dry dock altars or shoring sills, being parts on or from which persons perform work in connection with the operations, shall so far as is reasonably practicable, be kept clear of all substances likely to make foot-hold or hand-hold insecure.
  • Upright used for hoisting block.
    • If any upright forming part of staging is used as a fixing for a pulley block for hoisting materials
      • it shall be properly housed in the ground or shall otherwise be adequately secured so as to prevent it from raising; and
      • it shall be suitably protected against damage by the action of the chain or wire or other means of securing the pulley block to the upright.
    • No upright forming part of staging shall be used as an anchorage for a load pulley block, unless the upright is not likely to be displaced by such use.
  • Support of stages on planks.

    Planks supported on the rungs of ladders shall not be used to support stages.

  • Suspended stages.
    • Stages suspended by ropes or chains shall be secured as far as possible so as to prevent them from swinging.
    • A fibre rope, or a rope made of strands consisting of wire cores covered with fibre, shall not be used for suspending a stage except that fibre ropes may be used in the case of a stage of which the suspension ropes are reeve through blocks.
    • Chains, ropes, blocks and other gear used for the suspension of stages shall be of sound material, adequate strength and suitable quality, and in good condition.
    • Appropriate steps shall be taken to prevent ropes or chains used for supporting a stage from coming into contact with sharp edges of any part of a vessel.
  • Boatswain’s chairs.
    • Boatswains’ chairs and chains, ropes or other gear used for their suspension shall be of sound material, adequate strength and suitable quality and the chains, ropes or other gear shall be securely attached.
    • Suitable measures shall be taken to prevent wherever possible the spinning of a boatswain’s chair, to prevent the tipping of a boatswain’s chair and to prevent any occupant falling therefrom.
  • Rising stages.

    All planks forming a rising stage at the bow end of a vessel shall be securely fastened to prevent them from slipping.

  • Width of staging

    Without prejudice to the other provisions of these sub-rules, all stages shall be of sufficient width as is reasonable in all the circumstances of the case to secure the safety of the persons working thereon.

  • Stages from which a person is liable to fall more than 2 meters or into water.
    • This sub-rule applies to stages from which a person is liable to fall a height of more than 2 meters or into water in which there is a risk of drowning.
    • Every stage to which this sub-rule applies -
      • shall so far as is reasonably practicable be closely boarded, planked or plated;
      • shall be so constructed or placed that a person is not liable to fall as aforesaid through a gap in the staging not being a gap necessary and no larger than necessary having regard to the nature of the work being carried on, and
      • shall be at least 45 centimetres wide.
    • Every side of a stage to which this sub-rule applies shall-
      • if it is not a side immediately adjacent to any part of a vessel, be fenced (subject to the provisions of clauses (d) to (g) of this sub-rule) with a guard-rail or guard-rails to a height of at least 1 metre above the stage, with rail or rails shall be so placed as to prevent so far as practicable the fall of persons from the stage or from any raised standing place on the stage; or
      • if it is a side immediately adjacent to any part of a vessel, be placed as near as practicable to that part having regard to the nature of the work being carried on and to the nature of the structure of the vessel.
    • In the case of stages which are suspended by ropes or chains, and which are used solely for painting, the fencing required by sub-clause (i) of the preceding clause may be provided by means of taut guard-rope or taut guard-ropes.
    • No side of stage or, as the case may be, no part of the side of a stage need be fenced in pursuance of clause (c) (i) of this sub-rule in cases where and as long as, the nature of the work being carried on makes the fencing of that side or, as the case may be, that part impracticable.
    • Guard-rails provided in pursuance of clause (c) (i) of this sub-rule may be removed for the time and to the extent necessary for the access of persons or for the movement of materials, but guard-rails removed for either of these purposes shall be replaced as soon as practicable.
    • Where it is not reasonably practicable to comply with the provisions of clause (c) (i) of this sub-rule, workers shall be provided with suitable safety belts equipped with life lines which are secured with a minimum amount of slack to a fixed structure.

    Further precautions against fall of persons, materials and articles

  • Fencing of dry docks.
    • Fencing shall be provided at or near the edges of a dry dock at ground level, including edges above flights of steps and chutes for materials. The height of such fencing shall at no point be less than 1 metre.
    • Such fencing as aforesaid shall be kept in position save when and to the extent to which its absence is necessary (whether or not for the purposes of the operations) for the access of persons, or for movement of materials or vessels or for traffic or working, or for repair, but fencing removed for any of these purposes shall be kept readily available and shall be replaced as soon as practicable.
  • Protection of openings
    • Every side or edge of an opening in a deck or tank top of a vessel, being a side or edge which may be a source of danger to workers shall, except where and while the opening is securely covered or where the side or edge is protected to a height of not less than 75 centimetres by a coaming or other part of the vessel, be provided with fencing to a height of not less than 90 centimetres above the edge or side and such fencing shall be kept in position save when and to the extent to which its absence is necessary (whether or not for the purposes of the operations) for the access of persons, or for the movement of materials, or for traffic or working, or for repair, but fencing removed for any of these purposes shall be kept readily available and shall be replaced as soon as practicable.
    • Clause (a) of this sub-rule shall not apply
      • to that part of an opening in a deck or tank top which is at the head of a stairway or ladderway intended to be used while the operations are being carried on; or

         

      • to parts of a deck or tank top which are intended to be plated, except such parts where the plating has necessarily to be delayed so that the opening may be used for the purpose of the operations.
  • Fall of articles from stage.

    Where workers are at work outside a vessel on a stage adjacent to part of the structure of the vessel and other workers are at work directly beneath that stage, the planks of the stage shall be in such a position that no article liable to cause injury to the workers can fall between the planks, and the inside plank of the stage shall be placed as near as practicable to the structure of the vessel having regard to the nature of the work being carried on.

  • Boxes for rivets, etc.
    • Boxes or other suitable receptacles for rivets, nuts, bolts and welding rods shall be provided for the use of workers.
    • It shall be the duty of the workers to use, so far as practicable, the boxes or other suitable receptacles so provided.
  • Throwing down materials and articles
    • Subject to the provisions of clause (b) of this sub-rule, parts of staging, tools and other articles and materials shall not be thrown down from a height where they are liable to cause injury to workers, but shall be properly lowered.
    • When the work to be done necessarily involves the throwing down from a height of articles or materials, conspicuous notice shall be posted to warn persons from working or passing underneath the place from which the articles or materials may fall, or the work shall be done under the direct supervision of a competent person in authority.
    • No person shall throw down any articles or materials from a height except in accordance with the requirements of this sub-rule.
  • Loose articles or materials.

    So far as practicable, steps shall be taken to minimise the risk arising from loose articles or materials being left lying about in any place from which they may fall on workers or persons passing underneath.

    Raising and lowering

  • Secureness of loads
    • Loads shall be securely suspended or supported whilst being raised or lowered, and all reasonable precautions shall be taken to prevent danger from slipping or displacement.
    • Where by reason of the nature or position of the operations load is liable, whilst being moved by a lifting machine or lifting tackle, to come into contact with any object so that the object may become displaced, special measures shall be adopted to prevent the danger so far as is reasonably practicable.
  • Support of lifting machines and lifting tackle

    Every lifting machine and all lifting tackle shall be adequately and suitable supported or suspended having regard to the purpose for which it is used.

  • Wire ropes with broken wires.

    No wire rope shall be used if in any length of ten diameters the total number of visible broken wires exceeds five percent of the total number of wires, or if the rope shows signs of excessive wear or corrosion or other serious defect.

  • Splices in wire ropes

    A thimble or loop slice made in any wire rope shall have at least three tucks with a whole strand of the rope and two tucks with one half of the wires cut out of each strand. All tucks shall be against the lay of the rope.

    Provided that this sub-rule shall not operate to prevent the use of another form of splice which can be shown to be as efficient as the form of splice specified in this sub-rule.

  • Knotted chains, etc.
    • No chain or wire rope shall be used when there is a knot tied in any part thereof.
    • No chain which is shortened or joined to another chain by means of bolts and nuts shall be used:

      Provided that this does not exclude the use of a chain bolted or joined to another chain by an approved and properly constructed attachment.

  • Precautions against damage to chains and ropes

    Appropriate steps shall be taken to prevent, so far as practicable, the use of chains or ropes for raising or lowering in circumstances in which they are in or liable to come into contact with sharp edges of plant, materials or loads, or with sharp edges of any part of the vessel on which work is being carried out.

  • Loads on lifting appliances

    No load shall be left suspended from a lifting appliance other than a self-sustaining, manually operated lifting appliance unless there is a competent person in charge of the appliance while the load is so left.

  • Heavy loads

    Where there is reason to believe that a load being lifted or lowered on a lifting appliance weighs more than 20 tonnes its weight shall be ascertained by means of an accurate weighing machine or by the estimation of a person competent for the purpose, and shall be clearly marked on the load:

    Provided that this sub-rule shall not apply to any load lifted or lowered by a crane which has either a fixed or a derricking jib and which is fitted with an approved type of indicator in good working order which-

    • indicates clearly to the driver or person operating the crane when the load being carried approaches the safe working load of the crane for the radius of the jib at which the load is carried; and
    • gives an efficient sound signal when the load moved is in excess of the safe working load of the crane at that radius.

      Precautions against asphyxiation,

      injurious fumes or explosions

  • Certification for entry into confined spaces likely to contain dangerous fumes

    A space shall not be certified under section 36(3) (a) of the Act unless -

    • effective steps have been taken to prevent any ingress of dangerous fumes;
    • any sludge or other deposit liable to give off dangerous fumes has been removed and the space contains no other material liable to give off dangerous fumes; and
    • the space has been adequately ventilated and tested for dangerous fumes and has a supply of air adequate for respiration:

      Provided that no account shall be taken for the purposes of clause (b) of this sub-rule of any deposit or other material liable to give off dangerous fumes in insignificant quantities only.

  • Precautions against shortage of oxygen.

    No person shall enter or remain in any confined space in a vessel, being a confined space in which there is reason to apprehend that the proportion of oxygen in the air is so low as to involve risk of persons being overcome, unless either –

    • the space has been and remains adequately ventilated and a responsible person has tested it and certified that it is safe for entry without breathing apparatus; or
    • he is wearing a suitable breathing apparatus and a safety belt securely attached to a rope, the free end of which is held by a person standing outside the confined space.
  • Rivet fires.
    • Rivet fires shall not be taken into or used in or remain in any confined space on board or in a vessel unless there is adequate ventilation to prevent the accumulation of fumes.
    • No person employed shall move a rivet fire into any confined space on board or in a vessel unless he has been authorised by his employer to move the fire into that space.
  • Gas cylinders and acetylene generators.
    • No cylinder which contains or has contained oxygen or any flammable gas or vapour at a pressure above atmospheric pressure and no acetylene generating plant, shall be installed or placed within 5 meters of any substantial source of heat (including any boiler or furnace when alight) other than the burner or blow-pipe operated from the cylinder or plant.
    • No such cylinder and no such plant shall be taken below the weather deck in the case of a vessel undergoing repair, or below the top most completed deck in the case of a vessel under construction, unless it is installed or placed in a part of the vessel which is adequately ventilated to prevent any dangerous concentration of gas or fumes.
  • Further provision as to acetylene generators
    • The following provisions shall be observed as respects any acetylene generating plant: -
      • no such plant shall be installed or placed in any confined space unless effective and suitable provision is made for securing and maintaining the adequate ventilation of that space so as to prevent, so far as practicable, any dangerous accumulation of gases
      • any person attending or operating any such plant shall have been fully instructed in its working and a copy of the maker’s instructions for that type of plant shall be constantly available for his use;
      • the charging and cleaning of such plant shall so far as practicable be done during daylight; and
      • partly spent calcium carbide shall not be re-charged into an acetylene generator.
    • No person shall smoke or strike a light or take a naked light or a lamp in or into any acetylene generator house or shed or in or into dangerous proximity to any acetylene generating plant in the open air or on board a vessel:

      Provided that this clause shall not apply as respects a generator in the open air or on board a vessel which, since it was last charged, has been thoroughly cleaned and freed from any calcium carbide and acetylene gas.

    • A prominent notice prohibiting smoking, naked lights and lamps shall be exhibited on or near every acetylene generating plant whilst it is charged or is being charged or is being cleaned.
  • Construction of plant for cutting, welding or heating metal.
    • Pipes or hoses for the supply of oxygen or any flammable gas or vapour to any apparatus for cutting, welding or heating metal shall be of good construction and sound material and be properly maintained.
    • Such pipes or hoses shall be securely attached to the apparatus and other connections by means of suitable clips or other equally effective appliances.
    • Efficient reducing and regulating valves for reducing the pressure of the gases shall be provided and maintained in connection with all cylinders containing oxygen or any flammable gas or vapour at a pressure above atmospheric pressure while the gases or vapours from such cylinders are being used in any process of cutting, welding or heating metal.
    • Where acetylene gas is used for cutting, welding or heating metal -
      • a properly constructed and efficient back pressure valve and flame arrester shall be provided and maintained in the acetylene supply pipe between each burner or blow-pipe and the acetylene generator, cylinder or container from which it is supplied, and shall be placed as near as practicable to the burner or blow-pipe, except that these requirements shall not apply where an acetylene cylinder serves only one burner or blow-pipe; and
      • any hydraulic valve provided in pursuance of the preceding sub-clause shall be inspected on each day by every person who uses the burner or blow-pipe on that day and it shall be the duty of every worker who used the burner or blow-pipe to inspect the hydraulic valve accordingly.
    • The operating valves of burners or blow-pipes to which oxygen or any flammable gas or vapours is supplied for the purpose of cutting, welding or heating metal shall be so constructed, or the operating mechanism shall be so protected, that the valves cannot be opened accidentally.
  • Precautions after use of apparatus for cutting, welding or heating metal.
    • In the case of apparatus on board a vessel and used for cutting, welding, or heating metal with the aid of oxygen or any flammable gas or vapour supplied at a pressure above atmospheric pressure, the precautions specified in the following clauses of this sub-rule shall be taken when such cease for the day or for a substantial period and the apparatus is to be left on board, but need not be taken when such use is discontinued merely during short interruptions of work. The requirements in clauses (a) and (d) of this sub-rule shall not apply during a meal interval, provided that a responsible person is placed in charge of the plant and equipment referred to therein.
    • Supply valves of cylinders, generators and gas mains shall be securely closed and the valve key shall be kept in the custody of a responsible person.
    • Movable pipes or hoses used for conveying oxygen or flammable gas or vapour and the welding and cutting torches shall, in the case of a vessel undergoing construction, be brought to the top most completed deck, or in the case of a vessel undergoing repair, to a weather deck or in the either case to some other place of safety which is adequately ventilated to prevent any dangerous concentration of gas or fumes:

      Provided that where, owing to the nature of the work, it is impracticable to comply with the foregoing requirements of this clause, the pipes or hoses shall be disconnected from cylinders, generators or gas mains, as the case may be.

    • When the cylinders or acetylene generating plane have been taken below deck as permitted by clause (b) of sub-rule (36) such cylinders or acetylene generating plant shall be brought to a weather deck or, in the case of a vessel undergoing construction, to the top most completed deck.
  • Naked lights and hot work oil-carrying vessels.
    • Subject to the provisions of clause (b) of this sub-rule and to the provisions of sub-rule (48), and without prejudice to the provisions of sub-rules (46) and (47), no naked light, fire or lamp (other than a safety lamp of a type approved for the purpose of this sub-rule) –
      • shall be permitted to be applied to, or to be in, or any hot work permitted to be carried out in any part of a tanker, unless since oil was last carried in that tanker, a naked lights certificate has been obtained and is in force in respect of those parts of the tanker for which, in the opinion of a competent analyst, a naked light certificate is necessary:

        Provided that a naked light, fire or lamp of a kind specified in writing by a competent analyst may be applied to, or be in, or any hot work of a type specified by him carried on, any part of the tanker so specified;

      • shall be permitted

        (aa) to be in any oil tanker on board or in a vessel in which oil-tank the oil last carried was oil having a flash point of less than 23 degrees centigrade or was liquid butane, nor any hot work permitted to be carried out in any such oil tank or vessel, unless a naked light certificate has previously been obtained on the same day and is in force in respect of that oil tank and of any oil tank, compartment or space adjacent thereto;

        (bb) to be applied to the outer surface of any oil-tank on board or in a vessel in which oil-tank the oil last carried was such oil as aforesaid nor any work of such a nature which is likely to produce sufficient heat capable of igniting flammable gases or vapours permitted to be carried out on the outer surface of such oil-tank or vessel, unless a naked light certificate has previously been obtained on the same day and is in force in respect of that oil-tank;

        (cc) to be applied to the outer surface of, or to be in, any compartment or space adjacent to an oil-tank on board or in a vessel in which oil-tank the oil last carried was such oil as aforesaid, nor any hot work permitted to be carried out in such compartment or space as aforesaid, nor any work of such nature which is likely to produce sufficient heat capable of igniting flammable gases or vapours, permitted to be carried out on the outer surface of such compartment or space, unless a naked light certificate has previously been obtained on the same day and is in force in respect of that compartment or space:

        Provided that where in any such case referred to in paragraphs (aa) (bb) or (cc) of this sub-clause a competent analyst has certified that daily naked light certificate are unnecessary or are necessary only to a specified extent, such a daily certificate need not be obtained or, as the case may be, need only be obtained to the specified extent;

      • shall be permitted to be applied to the outer surface, or to be in, any oil-tank on board or in a vessel nor any hot work permitted to be carried out in any such oil-tank or vessel, nor any work of such nature which is likely to produce sufficient heat capable of igniting flammable gases or vapours, permitted to be carried out on the outer surface of the oil tank or vessel, unless, since oil was last carried in that oil-tank, a naked light certificate has been obtained and is in force in respect of that oil-tank;
      • shall be permitted to be applied to the outer surface of, or to be in, any compartment or space adjacent to an oil-tank on board or in a vessel nor any hot-work permitted to be carried out in any such compartment or space, nor any work of such nature which is likely to produce sufficient heat capable of igniting flammable gases or vapours, permitted to be carried out on the outer surface of any such compartment or space, unless, since oil was last carried as cargo in that oil-tank, a naked light certificate has been obtained and is in force in respect of that compartment or space.
    • Not withstanding anything in clause (a) of this sub-rule, heated rivets may be permitted in any place without naked light certificate being in force in respect of that place if expressly so authorised by a competent analyst who certifies that after adequate and suitable testing, he is satisfied having regard to all the circumstances of the case, including the likelihood or otherwise of the atmosphere becoming flammable, that the place is sufficiently free from flammable vapour; but such heated rivets shall, where practicable, be passed through tubes.
    • No person shall introduce, have or apply naked light, fire or lamp (other than safety lamp of a type approved for the purpose of this sub-rule) into, in or to any place where they are prohibited by this sub-rule.
    • No person shall carry out hot work or any work of such nature which is likely to produce sufficient heat capable of igniting flammable gases or vapours, in any place or any surface where they are prohibited by this sub-rule.
    • In this sub-rule the expression ‘competent analyst’ means an analyst who is competent to give a naked light certificate.
  • Entering oil-tanks
    • No person (other than an analyst entering with a view to issuing a certificate of entry) shall, unless he is wearing a breathing apparatus of a type approved for the purpose of this sub-rule, enter or remain in an oil-tank on board or in a vessel unless, since the oil-tank last contained oil, a certificate of entry has been obtained and is in force in respect of the tank.
    • Without prejudice to clause (a) of this sub-rule, no person (other than an analyst entering as aforesaid) shall be allowed or required to enter or remain in an oil-tank on board or in a vessel in which oil-tank the oil last carried was oil having a flash point of less than 23 degrees centigrade unless, since the oil-tank last contained oil, an analyst has certified that the atmosphere is sufficiently free from flammable mixture
    • The provisions of this sub-rule are without prejudice to the requirements of sub-rule (34).
  • Duration of certificates

    Any naked light certificate or certificate of entry may be issued subject to a condition that it shall not remain in force after a time specified in the certificate.

  • Posting of certificates

    Every occupier for whom a naked light certificate or a certificate of entry is obtained shall ensure that the certificate or a duplicate thereof is posted as soon as may be and remains posted in a position where it may conveniently read by all persons concerned.

  • Maintaining safe atmosphere
    • When conditions in an oil-tank in respect of which a naked light certificate has been issued, are such that there is a possibility of oil vapour being released from residues or other sources, test shall be carried out by a competent analyst at such intervals as may be required so as to ensure that the conditions in the tank are maintained safe.
    • Whenever hot work is carried on or a naked light, fire or lamp is allowed to be, on the weather deck over spaces, in respect of which a naked light certificate has not been issued, all covers of manholes and openings on deck and all valves (except those which are connected to high vent pipes) connecting the weather deck with the said spaces, shall be closed.
    • A record of all the tests carried out for the purpose of sub-rules (34), (40) and (41) shall be maintained in a register which should furnish the date, time, location and results of the tests.
  • Cleaning of oil-tanks
    • Subject to the provisions of sub-rule (48), before a test for flammable vapour is carried out with a view to the issue of a naked light certificate for the purposes of sub-rule (40) in respect of a an oil-tank on board or in a vessel, that oil-tank shall, since oil was last introduced into the tank, be cleaned and ventilated in accordance with clause(b) of this sub-rule.
    • The said cleaning and ventilation shall be carried out by the following methods :
      • the oil-tank shall be treated in such manner and for such periods as will ensure the vaporisation of all volatile oil;
      • all residual oil and any sludge or other deposit in the oil-tank shall be removed therefrom; and
      • after the oil-tank has been so cleaned,-

        (aa) all covers of manholes and other openings therein shall be removed and it shall be thoroughly ventilated by mechanical or other efficient means with a view to the removal of all oil vapour; and then

        (bb) the interior surfaces, if any deposit remains thereon, shall be washed or scraped down.

  • Invalidation of certificates
    • If during the course of work in, or to the outer surface of, any part of a tanker or aircraft carrier, any pipe or tank joint is opened or broken or any other event occurs so that there is a risk of oil vapour entering or arising in that part of the tanker or aircraft carrier, that work shall be suspended and thereafter any certificate of entry previously issued in respect of any oil-tank in that part and any naked light certificate previously issued in respect of that part shall be no longer in force.
    • If (in case of a vessel other than a tanker or aircraft carrier) during the course of work in any oil-tank or in any compartment or space adjacent thereto, any pipe or tank joint is opened or broken or any other event occurs so that there is a risk of oil vapour entering or arising in the oil-tank or in any compartment or space adjacent thereto that work shall be suspended and thereafter any certificate of entry previously issued in respect of the oil-tank or any compartment or space adjacent thereto shall be no longer in force.
  • Provisions as to work in other compartments or space
    • Without prejudice to the other provisions of this rule, if the presence of oil in such quantity and in such position as to be likely to give rise to fire or explosion is detected in any part of a vessel, being a part to which this sub-rule applies and in which repairs of the following kind are to be or are being undertaken, that is to say, repairs involving the use of a naked light, fire or lamp (other than a safety lamp of a type approved for the purpose of sub-rule (40), or involving hot work, such repairs shall not be>
    • This sub-rule shall apply to bilges, shaft tunnels, pump rooms, and to compartments and spaces other than those to which clause (a) (iv) of sub-rule (40) applies.
  • Exemptions

    If the Chief Inspector is satisfied, by reasons of the nature of the work and the circumstances in which it is carried out, that any provisions of sub-rules (33) to (45) or part there of can be suspended or relaxed without danger to the health or safety of any person, he may grant suspension or relaxation in writing specifying such conditions as he may consider fit. Any such suspension or relaxation may be revoked at any time.

    Precautions in use of electrical energy

  • Earthing

    Electrical energy other than that generated by an independent generating unit on board shall not be taken for use, or used in, or in connection with any of the operations unless that body of the ship is securely earthed in such a manner as to ensure an immediate and safe discharge of energy to the earth. A ship or vessel shall not be considered as securely earthed for the purpose of this sub-rule only on account of it being partly submerged in water.

  • Arc welding
    • Electric are welding shall not be carried on in connection with any of the operations unless separate and fully insulated welding return conductor or conductors as the case may be, of adequate electrical capacity are provided for return of the current to the transformer or generator of the welding set.
    • The return end of the source of the welding current shall not be earthed.
    • All work on which welding is carried on shall be securely earthed independently to an earth electrode by means of a conductor or conductors as the case may be, of adequate capacity, unless all such work are connected to any structure of the ship or vessel in such a manner as to ensure adequate connection to earth as aforesaid.
  • Cutting of energy in certain cases

    Electrical energy shall be cut off from all portable electric tools and manual electrode holders within any tank, compartment or space referred to in sub-rules (34) and (40) or in any other confined space during all times when such tools or holders are not in operations:

    Provided that for determining whether any such portable electric tool or electrode holder is not in operation, no account shall be taken of brief interruptions of work occurring during normal working.

    Provided further that energy may not be cut off from any such equipment if a responsible person is left in charge of it in such tank, compartment or space concerned.

    Provided further that cutting of all electrical energy by operation of any switch or control provided on the portable tool or electrodes itself should not be taken as fulfilling the requirement of this sub-rule.

    Miscellaneous safety provisions

  • Lighting

    All parts of a vessel and all other places where the operations are being carried on, and all approaches to such parts and to places to which a worker may be required to proceed in the course of his employment, shall be sufficiently and suitably lighted. In provided such lighting, due regard shall be given to avoidance of glare and formation of shadows, to the safety of the vessel and cargo, of the navigation of other vessels, and to any local statutory requirements as to the lighting of the harbour or dock.

  • Work in boilers, etc.
    • No work shall be permitted in any boiler, boiler-furnace or boiler-flue until it has been sufficiently cooled to make work safe for the workers.
    • Before any worker enters any steam boiler which is one of a range of two or more steam boilers-
      • all inlets through which steam or hot water might otherwise enter the boiler from any other part of the range shall be disconnected from that part; or
      • all valves or taps controlling such entry shall be closed and securely locked
    • While workers remain in any steam boiler to which clause (b) of this sub-rule applies all such inlets as are referred to in that clause shall remain disconnected or all such valves or taps as are therein referred to shall remain closed and securely locked.
    • No worker shall be allowed or required to enter or remain in, and no person shall enter or remain, in any steam boiler to which clause (b) of this sub-rule applies unless the provisions of that clause are being complied with.
  • Hatch beams

    The hatch beams of any hatch in use for the operations shall, if not removed, be adequately secured to prevent their displacement.

  • Jumped-up bolts

    Bolts which have been jumped-up and re-screwed shall not be used for securing plates on the sides of vessels, and no worker shall use such bolts for this purpose.

  • Work in or on life boats
    • Before workers are permitted to work in or on any life boat, either stowed or in suspended position, precautions shall be taken to prevent the boat from falling due to accidental tripping of the releasing gear or movement of the davits, and capsizing of the boat if in the chocks.
    • Workers shall not be permitted to remain in life boats while the life boats are being hoisted into final stowed position.

    Protective wear

  • Hand protection

    Adequate protection for the hands shall be available for all workers when using cutting or welding apparatus to which oxygen or any flammable gas or vapour is supplied at a pressure greater than atmospheric pressure or when engaged in machine caulking or machine riveting or in transporting or stacking plates or in handling plates at machines.

  • Protection in connection with cutting or welding
    • Suitable goggles fitted with tinted eye-pieces shall be provided and maintained for all persons employed when using cutting or welding apparatus to which oxygen or any flammable gas or vapour is supplied at a pressure above atmospheric pressure.
    • There shall be provided and maintained for the use of all persons employed when engaged in the process of electric welding -
      • suitable helmets or suitable head-shields or suitable hand shields to protect the eyes and face from hot metal and from rays likely to be injurious; and
      • suitable gauntlets to protect the hands and forearms from hot metal and from rays likely to be injurious.
    • When electric welding is in progress at any place and persons other than those engaged in that process are employed in a position where the rays are likely to be injurious to their eyes, screens shall, where practicable, be provided at that place for the protection of those persons. Where it is not practicable to provide effective protection of those persons by screening, suitable goggles shall be provided for their use.
  • Eye protection for other processes

    Suitable goggles or effective screens shall be provided to protect the eyes of all workers in any of the following processes –

    • the cutting out or cutting off of cold rivets or bolts from boilers or other plant or from ship;
    • the chipping, scaling or scurfing of boiler or ships’ plates:
    • drilling by means of portable machine tools; and
    • dry grinding of metals.
  • Head protection

    When workers are employed in areas where there is danger of falling objects they shall be provided with suitable safety helmets.

  • Safety belts and life lines
    • Whenever any worker is engaged on work at a place from which he is liable to fall more than 2 metres, he shall be provided with safety belts equipped with life lines which are secured with a minimum of a slack, to a fixed structure unless any other effective means such as provision of guard rails or ropes are taken to prevent his falling.
    • All safety belts and life lines shall be examined at frequent intervals by a competent person to ensure that no belt or life line which is not in good condition is used.

    Health and welfare

  • Prohibition of employment of young persons in certain processes

    No young person shall be employed in

    • the application of asbestos by means of a spray;
    • the breaking down for removal of asbestos lagging;
    • the cleaning of sacks or other containers which have contained asbestos;
    • the cutting of material containing asbestos by means of portable power driven saws; or
    • the scaling, scurfing or cleaning of boilers, combustion chambers or smoke box, where his work exposes him to dust of such a character and to such an extent as to be likely to be injurious or offensive to persons employed in such work.
  • Lead processes
    • Lead paint shall not be applied in the form of a spray in the interior painting of any part of a ship or vessel.
    • Wherever lead sheating work is carried on for making cold storage chambers in the ships, efficient exhaust draughts with portable extractors should be provided to remove the lead fumes from the confined spaces.
  • Stretchers, ambulances and ambulance rooms, etc.
    • In every shipyard they shall be provided and kept readily available
      • a sufficient number of suitably constructed sling stretchers or other similar appliances for raising injured persons;
      • a sufficient number of carrying or wheel stretchers; and
      • a sufficient supply of suitable reviving apparatus and oxygen, and the stretchers, appliance and apparatus so provided shall be properly maintained.
    • In every shipyard there shall always be readily available during working hours a responsible person or responsible persons whose duty it is to summon an ambulance or other means of transport if needed in cases of accident or illness. Legible copies of a notice indicating that person or, as the case may be, those persons shall be affixed in prominent positions in every shipyard.
    • In every shipyard other than a dry dock available for hire –
      • in which the number of persons employed normally exceeds five hundred; or
      • in which the number of persons employed normally exceeds one hundreds and which is more than ten miles from a hospital;

        there shall be provided and maintained in good order and in clean condition a properly constructed ambulance room containing at least the equipment prescribed in the rules framed under section 45 of the Act. The room shall be used only for the purpose of treatment and rest and shall be in the charge of a suitably qualified person who shall always be readily available during working hours, and record shall be kept of all cases of accident or sickness treated at the room.

    Training and Supervision

  • Young persons
    • No young person shall, until he has been employed in a shipyard or shipyards for at least six months, be employed in connection with the operations in a shipyard on a stage from which, or in any part of a ship where, he is liable to fall from a height of more than 2 metres or into water in which there is a risk of drowning.
    • Any young person under the age of sixteen shall, when employed in the operations in shipyard, be placed under the charge of an experienced workman.
  • Safety supervision

    In the case of every shipyard other than a dry dock available for hire, being a shipyard where the number of workers regularly or from time to time exceeds five hundred, a person experienced in the work of such yards shall be appointed and employed exclusively to exercise general supervision of the observance of these rules and to promote the safe conduct of the work generally.

76. Reaction vessels and kettles

76. Reaction vessels and kettles

  • This rule applies to reaction vessels and kettles, hereinafter referred to as reaction vessels, which normally work at a pressure not above the atmospheric pressure but in which there is likelihood of pressure being created above the atmospheric pressure due to reaction getting out of control or any other circumstance.
  • In the event of the vessel being heated by electrical means, a suitable thermostatic control device shall be provided to prevent the temperature exceeding the safe limit.
  • Where steam, is used for heating purposes in a reaction vessel, it shall be supplied through a suitable pressure reducing valve or any other suitable automatic device to prevent the maximum permissible steam pressure being exceeded, unless the pressure of the steam in the supply line itself cannot exceed the said maximum permissible pressure.
  • (4) A suitable safety valve or rapture disc of adequate size and capacity shall be provided to effectively prevent the pressure being built up in the reaction vessel beyond the safe limit. Effective arrangements shall be made to ensure that the released gases, fumes, vapours, liquids, or dusts, as the case may be, are led away and disposed of through suitable pipes without causing any hazard. Where flammable gases or vapours are likely to be vented out from the vessel, the discharge and shall be provided with a flame arrester.
  • Every reaction vessel shall be provided with a pressure gauge having the appropriate range.
  • In addition to the devices as mentioned in the foregoing provisions, means shall be provided for automatically stopping the feed into the vessel as soon as process conditions deviate from the normal limits to an extent which can be considered as dangerous.
  • Wherever necessary, an effective system for cooling, flooding or blanketing shall be provided, for the purpose of controlling the reaction and process conditions within the safe limits of temperature and pressure.
  • An automatic auditory and visual warning device shall be provided for clear warning whenever process conditions exceed the present limits. This device, whenever possible, shall be integrated with automatic process correction systems.
  • A notice pointing out the possible circumstances in which pressures above atmospheric pressure may be built up in the reaction, the dangers involved and the precautions to be taken by the operators shall be displayed at a conspicuous place near the vessel.
77. Examination of eye sight of certain workers

Rule prescribed under Sections 41 and 112

77. Examination of eye sight of certain workers

  • `No person shall be employed to operate a crane, locomotive or fork - lift truck, or to give signals to a crane or locomotive operator unless his eye sight and colour vision have been examined and declared fit by a qualified ophthalmologist to work whether with or without the use of corrective glasses.
  • The eye sight and colour vision of the person employed as referred to in clause (1) shall be examined at least once in every period of 12 months up to the age of 45 years and once in every 6 months beyond that age
  • Any fee payable for an examination of a person under this sub-rule shall be paid by the occupier and shall not be recoverable from that person.
  • The record of examination or re-examination carried out as required under sub-rule (i) shall be maintained in Form 6.
78. Railways in factories

Rule prescribed under Sections 41 112

78. Railways in factories

  • This rule shall apply to railways in the precincts of a factory which are not subject to Indian Railways Act, 1890.
  • Gateways.- A gateway through which a railway track passes shall not be used for the general passage of workers into out of a factory.
  • Barriers and Turngates –
    • Where building or wall contain doors or gates which open to a railway track, a barrier about 1 metre high shall be fixed parallel to and about 60 cm. away from the building or wall outside the opening and extending several feet beyond it at either end, so that any person passing out become aware of an approaching train when his pace is checked at the barrier.
      If the traffic on the nearest track is all in one direction, the barrier shall be in the form of an “L” with the end of the short leg abutting on to the wall and the other end opening towards the approaching train.
    • If the distance between wall and track cannot be made to accommodate such a barrier, the barrier or a turngate shall be placed at the inside of the opening.
    • Where a footway passes close to a building or other obstruction as it approaches a railway track, a barrier or a turngate shall be fixed in such a manner that a person approaching the track is compelled to move away from the building or obstruction and thus obtain timely sight of an approaching locomotive or wagon.
  • Crowds
    • Workers’ pay-windows, first-aid stations and other points where a crowd may collect shall not be placed near a railway track.
    • At any time of the day when workers are starting or ending work, all railway traffic shall cease for not less than five minutes.
  • Locomotives
    • No locomotive shall be used in shutting operations unless it is in good working order.
    • Every locomotive and tender shall be provided with efficient brakes, all of which shall be maintained in good working order. Brake shoes shall be examined at suitably fixed intervals and those that are worn out replaced at once.
    • Water-gauge glasses of every locomotive, whatever its boiler pressure, shall be protected with substantial glass or metal screens.
    • Suitable steps and hand-holds shall be provided at the corners of the locomotive for the use of shunters.
    • Every locomotive crane shall be provided with lifting and jacking pads at the four corners of the locomotive for assisting in re-railing operations.
    • It shall be clearly indicated on every locomotive crane in English and in language understood by the majority of the workers in the factory, for what weight of load and at what radius the crane is safe.
  • Wagons
    • Every wagon (and passenger coach, if any) shall be provided either with self-acting brakes capable of being applied continuously or with efficient hand brakes which shall be maintained in good working order. The hand brakes shall be capable of being applied by a person on the ground and fitted with a device for retaining them in the applied position.
    • No wagon shall be kept standing within 3 metres of the authorised crossing.
    • No wagon shall be moved with the help of crow bars or pinch bars.
  • Riding on locomotive wagon or other rolling stock

    No person shall be permitted to be upon (whether inside or outside) any locomotive, wagon or after rolling stock except where secure foothold and handhold are provided.

  • Attention to brakes and doors
    • No locomotive, wagon or other rolling stock shall be kept standing unless its brakes are firmly applied and, where it is on a gradient, without sufficiently number of properly constructed scotches placed firmly in position.
    • No train shall be set in motion until the shunting jamadar has satisfied himself that all wagon doors are securely fastened.
  • Projecting loads and cranes
    • If the load on a wagon projects beyond its length, a guard or dummy-truck shall be used beneath the projection.
    • No loco-crane shall travel without load unless the jib is completely lowered and positioned in line with the track.
    • When it is necessary for a loco-crane to travel with a load, the jib shall not be swung until the loco-crane has come to rest.
  • Loose shunting

    Loose-shunting shall be permitted only when it cannot be avoided. It shall never be performed on a wagon not accompanied by a man capable of applying and pinning down the brakes. A wagon not provided with brakes in good working order and capable of being easily pinned down shall not be loose shunted unless there is attached to it at least another wagon with such brakes. Loose-shunting shall not be performed with, or against a wagon containing passengers, live stock or explosives.

  • Fly-shunting

    Fly-shunting shall not be permitted on any factory railway.

  • The shunting jamadar
    • Every locomotive or wagon in motion in a factory shall be in charge of a properly trained jamadar.
    • Before authorising a locomotive or wagon to be moved, the shunting jamadar shall satisfy himself that no person is under or in-between or in front of the locomotive or wagon.
  • Hand signals

    The hand signals used by the shunting jamadar by day and night shall be those prescribed by the shunting rules of railways, working under the Indian Railway Act (IX of 1890).

  • Night work and fog
    • In factories where persons work at night, no movement of locomotive, wagon or other rolling stock otherwise than by hand shall be permitted between sunset and sunrise unless the tracks and their vicinity are lighted in a scale of not less than 10 lux as measures at the horizontal plane at the ground level.
    • In no circumstances shall any locomotive or train be moved between sunset and sunrise or at any time when there is fog, unless it carries a white head light and a rear light.
  • Speed control
    • A locomotive or train shall not be permitted to move at a speed greater than seven kilometres per hour.
    • A train, locomotive, wagon or other rolling stock shall not be moved by mechanical or electrical power unless it is preceded at a distance of not less than 10 metres during the whole of its journey by a shunting jamadar. He shall be provided with signalling flags or lamp and whistle necessary for calling the attention of the driver.
  • Tracks
    • The distance
      • between tracks and
      • between tracks and buildings, blind walls or other structures and
      • tracks and materials deposited on the ground shall be respectively not less than

        (aa) from centre to centre of parallel tracks, the overall width of the widest wagon of that guage plus twice the width of the door of such a wagon when opened directly outward plus 1 metre.

        (bb) from a building or structure other than a loading platform to the centre of the nearest track, half the overall width of the widest wagon of that guage, plus the width of its door when opened outward, plus 1.5 metres.

        (cc) from material stacked or deposited alongside the track, on the ground or on a loading platform, to the centre of the widest wagon of that guage, plus half the width of its door when opened directly outward, plus 1 metre.

    • Sleepers of a track shall be in level with the ground and at the crossings of the track with a road or walkway, the surface of the road or walkway shall be in level with the top of the rails.
    • All track ends shall be equipped with buffer stops of adequate strength.
    • Barriers of substantial construction shall be securely and permanently fixed across any doorway or gateway in a building or in a wall which conceals an approaching train from view, between the building and the track as prescribed in clause (a) of sub-rule (3).
    • Where track are carried on a gantry or other elevation, a safe footway or footways with hand rails and toe-boards shall be provided at all positions where persons work or pass on foot; and where there is an opening in the stage of an elevated track for dropping of material to a lower level, the position shall be adequately fenced or the opening itself provided with a grill through which a person cannot fall.
    • All point levers shall have their movements parallel to, not across, the direction of the track.
    • All loading platforms which are more than 60 cm above the level of the ground on which the track is laid and more than 15 metres in length, shall be provided with stops at intervals not greater than 15 meters apart to enable the platform to be easily mounted from the track.
    • Turn tables on plant railways shall be provided with locking devices which will prevent the tables from turning while locomotives or wagons are being run on or off the tables.
    • Workers shall be prohibited from passing under, between or above railway wagons.
  • Crossings
    • At all crossings of a track with a road or walkway, danger or crossing signs and wherever reasonable practicable, blinking lights or alarm lights shall be provided. At all important crossings, gates or barriers manned by watchmen shall be provided. Swinging gates and barriers shall be secured against inadvertant opening or closing.
    • All crossings, warning signs, gates and barriers shall be illuminated during hours of darkness.
  • Duties of drivers and shunters.- It shall be the duty of every driver of a locomotive, or a shunter including a shunting jamadar, to report without delay to their superior any defect in permanent way, locomotive or rolling stock.
  • Young persons not to be employed as drivers of locomotive or as shunters.- No person who is under 18 years of age and no person who is not sufficiently competent and reliable shall be employed as a driver of a locomotive or as a shunter.
  • The Chief Inspector may by an order in writing exempt a factory or part of it from all or any of the provisions of this rule to such extent and on such conditions as he deems necessary.
79. SAFETY COMMITTEE

Rule prescribed under sections 41 and 112

Existing Rule 79 be substituted by the following new Rule:-

Rule 79

SAFETY COMMITTEE

Rules prescribed under Section 41 and 41(G)

  • In every factory –
    • wherein 250 or more workers are ordinarily employed; or
    • which carried on any process or operation declared to be dangerous under Section 87 of the Act; or
    • which carries on ‘hazardous process’ as defined under Section 2(cb) of the Act;

    There shall be a Safety Committee.

  • The representatives of the management on Safety Committee shall include –
    • A senior official, who by his position in the organisation can contribute effectively to the functioning of the Committee, shall be the Chairman;
    • A Safety Officer and a Factory Medical Officer wherever available and the Safety Officer in such a case shall be the Secretary of the Committee;
    • A representative each from the production, maintenance and purchase departments.
  • The workers’ representatives on this Committee shall be elected by the workers.
  • The tenure of the Committee shall be two years.
  • Safety Committee shall meet as often as necessary but at least once in every quarter. The minutes of the meeting shall be recorded and produced to the Inspector on demand.
  • Safety Committee shall have the right to be adequately and suitably informed of –
    • potential safety and health hazards to which the workers may be exposed at workplace;
    • data on accidents as well as data resulting from surveillance of the working environment and of the health of workers exposed to hazardous substances so far as the factory is concerned, provided that the Committee undertakes to use the data on a confidential basis and solely to provide guidance and advice on measures to improve the working environment and the health and safety of the workers.
  • Function and duties of the Safety Committee shall include –
    • assisting and cooperating with the management in achieving the aims and objectives outlined in the ‘Health and Safety Policy’ of the occupier;
    • dealing with all matters concerning health, safety and environment and to arrive at practicable solutions to problems encountered;
    • creating safety awareness amongst all workers;
    • undertaking educational, training and promotional activities;
    • discussing reports on safety, environmental and occupational health surveys, safety audits, risk assessment, emergency and disaster management plans and implementation of the recommendations made in the reports;
    • carrying out health and safety surveys and identifying causes of accidents;
    • looking into any complaint made on the likelihood of an imminent danger to the safety and health of the workers and suggesting corrective measures; and
    • reviewing the implementation of the recommendations made by it.

    Where owing to the size of the factory, or any other reason, the functions referred to in sub-rule (7) cannot be effectively carried out by the Safety Committee, it may establish sub-committees as may be required to assist it.

80. Quality of Personal Protective Equipment

80. Quality of Personal Protective Equipment

All Personal Protective Equipment provided to workers as required under any of the provisions of the Act or the Rules shall conform to the relevant Indian Standards.

81. Protective Equipments

81. Protective Equipments

The Inspector may, having regard to the nature of the hazards involved in work and process being carried out, order the occupier or the manager in writing to supply to the workers exposed to particular hazard any personal protective equipment as may be found necessary.

82. Thermic fluid heaters
  • All heaters shall be of such construction that coils are removable for periodic cleaning, visual inspection and hydraulic test.
  • Suitable arrangements shall be made for cooling the furnace effectively in case of power failure.
  • Before restarting the furnace, it shall be effectively purged.
  • Velocity of flow of the thermic fluid shall not be allowed to fall below the minimum recommended by the manufacturers while the heater is in operation.
  • The thermic fluid shall be circulated in a closed circuit formation with an expansion cum deacrator tank. This tank shall be located outside the shed where the heater is installed.
  • Every heater shall be provided with a Photo-resistor actuated audio-visual alarm to indicate flame failure and automatic burner cut off.
  • The stack temperature monitor-cum-controller with audio-visual alarm shall be provided so as to warn the operator in case the outlet temperature exceeds the specified minimum.
  • Where inspection doors are provided on the furnace they shall be interlocked with the burner itself so that they cannot be opened until burner is shut off and furnace is cooled sufficiently.
  • All heaters shall be provided with the following safety devises :
    • level control in the expansion tank;
    • temperature control of thermic fluid;
    • differential pressure switch on the outlet line of the heater tubes; and
    • temperature control device for the fuel oil supply to the burner.
  • All devices mentioned in Paragraph 9 shall have interlocking arrangements with burner so that in case of any predetermined limits being crossed the supply of fuel and air to burner shall automatically be cut-off.
  • All safety interlocks when operated shall be indicated on the control panel of the heater by a suitable audio visual alarm.
  • Every heater unit shall be provided as a standard accessory an arrangement for sniffing with low pressure steam or nitrogen for putting out the fire.
  • Electric panel for the heater shall be located near the heater but not so close as to be exposed to spilling or leaking oil.
  • The heater shall be located in a place segregated from other manufacturing activities.
  • Explosion vent shall be so installed that release takes place at safe location.
  • The heater coil shall be subjected to pressure test by competent person once at least in every 12 months. The test pressure shall not be less than twice the operating pressure.
  • If repairs are carried out to the coil, it shall be tested before taking it into use.
  • The thermic fluid shall conform to the specifications prescribed by the manufacturers and shall be tested by competent person for suitability at least once in every three months period. Such test shall include test for acidity, suspended matter, ash contents, viscocity and flash point.
  • Cleaning of the internal surface of the heater or soot and check up of refractory surface on the inside shall be carried out every month or as often as required depending upon working conditions. The coils shall be removed and surface of the coils cleaned thoroughly once at least in a period of six months. The burner, nozzles, oil filters and pumps shall be cleaned once a week during the period of use.
  • A separate register containing the following information shall be maintained :
    • weekly checks carried out confirming the effectiveness of the interlock;
    • weekly checks confirming that all accessories are in good state of repairs; and
    • information regarding fuel oil temperature, pressure, thermic fluid inlet/outlet pressure and temperature, fuel gas temperature, recorded at 4 hourly interval,
  • The heater when in operation shall always be kept in charge of a trained operator.

Rule 82A

SITE APPRAISAL COMMITTEE

Rules prescribed under Section 41-A sub-section (1) read with Section 112.

  • Constitution: The following provisions shall govern the functioning of the Site Appraisal Committee, herein after, be referred to as the “Committee”, in these rules:-
    • The State Government may constitute a Site Appraisal Committee and reconstitute the Committee as and when necessary;
    • The State Government may appoint a senior official of the Factories Inspectorates, preferably with qualification in Chemical Engineering to be the Secretary of the Committee;
    • The State Government may appoint the following as members of the Committee:-
      • A representative of the Fire Service Organisation of the State Government:
      • A representative of the State Department of Industries;
      • A representative of the Director General of Factory Advice Service and Labour Institutes, Bombay.
  • No member, unless required to do so by a Court of Law, shall disclose otherwise than in connection with the purpose of the Act, at any time any information relating to manufacturing or commercial business or any working process which may come to his knowledge during his tenure as a Member on this Committee.
  • Applications for appraisal of sites.
    • Applications for appraisal of sites in respect of the factories covered under Section 2(cb) of the Act shall be submitted to the Chairman of the Site Appraisal Committee.
    • The application for site appraisal along with 15 copies thereof shall be submitted in the Form annexed to this Rule. The Committee may dispense with furnishing information on any particular item in the Application Form if it considers the same to be not relevant to the application under consideration.
  • Function of the Committee –
    • The Secretary shall arrange to register the applications received for appraisal of site in a separate register and acknowledge the same within a period of 7 days.
    • The Secretary shall fix up meeting in such a manner that all the applications received and registered are referred to the Committee within a period of one month from the dae of their receipt.
    • The Committee may adopt a procedure for its working, keeping in view the need for expeditious disposal of applications.
    • The Committee shall examine the application for appraisal of a site with reference to the prohibitions and restrictions on the location of industry and the carrying on of processes and operations in different areas as per the provisions of Rule 5 of the Environment (Protection) Rules, 1986 framed under the Environment Protection Act, 1986.
    • The Committee may call for documents, examine experts, inspect the site if necessary and take other steps for formulating its views in regard to the suitability of the site.
    • Wherever the proposed site requires clearance by the Ministry of Industry or the Ministry of Environment and Forests, the application for Site Appraisal will be considered by the Site Appraisal Committee only after such clearance has been received.

FORMAT OF APPLICATION TO THE SITE APPRAISAL COMMITTEE

  • Name and address of the applicant
  • Site Ownership Data

    2.1) Revenue details of site such as Survey No. Plot No. etc.

    2.2) Whether the site is classified as forest and if so, whether approval of the Central Government under Section 5 of the Indian Forests Act, 1927 has been taken.

    2.3) Whether the proposed site attracts the provisions of Section 3(2) (v) of the E.P.Act, 1986, if so, the nature of the restrictions.

    2.4) Local authority under whose jurisdiction the site is located.

  • Site Plan

    3.1) Site Plan with clear identification of boundaries and total area proposed to be occupied and showing the following details nearby the proposed site.

    • Historical monument, if any, in the vicinity.
    • Names of neighbouring manufacturing units and human habitats, educational and training institutions, petrol installations, storages of LPG and other hazardous substances in the vicinity and their distances from the proposed unit.
    • Water sources (rivers, streams, canals, dams, water filtration plants, etc.) in the vicinity.
    • Nearest hospitals, fire stations, civil defence stations and police stations and their distances.
    • High tension electrical transmission lines, pipelines for water, oil gas or sewerage; railway lines, roads, stations; jatties and other similar installations.

     

    3.2) Details of soil conditions and depth at which hard strata obtained.

    3.3) Contour map of the area showing nearby hillocks and difference in levels.

    3.4) Plot Plan of the factory showing the entry and exit points, roads ithin, water drains, etc.

  • Project Report

    4.1) A summary of the salient features of the Projects.

    4.2) Status of the organisation (Government, Semi Government, Public or Private etc.)

    4.3) Maximum number of persons likely to be working in the factory.

    4.4) Maximum amount of power and water requirements and source of their supply.

    4.5) Block diagram of the buildings and installations, in the proposed supply.

    4.6) Details of housing colony, hospital, school and other infrastructural facilities proposed.

  • Organisation structure of the proposed manufacturing unit/factory

    5.1) Organisation diagrams of –

    • Proposed enterprise in general
    • Health; Safety and Environment protection departments and their linkage to operation and technical departments.

     

    5.2) Proposed Health and Safety Policy.

    5.3) Area allocated for treatment of wastes and effluent.

    5.4) Percentage outlay on safety, health and environment protection measures.

  • Meteorological data relating to the site

    6.1) Average, minimum and maximum of

    • Temperature
    • Humidity
    • Wind velocities during the previous ten years

     

    6.2) Seasonal variations of wind direction

    6.3) Highest water level reached during the floods in the area recorded so far.

    6.4) Lightning and seismic data of the area.

  • Communication Links

    7.1) Availability of telephone/telex/wireless and other communication facilities for outside communication.

    7.2) Internal communication facilities proposed

  • Manufacturing Process Information

    8.1) Process flow diagram

    8.2) Brief write-up on process and technology

    8.3) Critical process parameters such as pressure buildup temperature rise and run-away reactions

    8.4) Other external effects critical to the process having safety implications, such as ingress of moisture or water, contact with incompatible substances, sudden power failure.

    8.5) Highlights of the built-in safety/pollution control devices or measures/incorporated in the manufacturing technology.

  • Information of Hazardous Materials

    9.1) Raw materials, intermediates, products and by-products and their quantities (Enclose Material Safety Data Sheet in respect of each hazardous substance)

    9.2) Main and intermediate storages proposed for raw materials/intermediates/products/by-products (maximum quantities to be stored at any time).

    9.3) Transportation methods to be used for materials inflow and outflow, their quantities and likely routes to be followed

    9.4)Safety measures proposed for:

    • handling of materials;
    • internal and external transportation; and
    • disposal (packing and forwarding of finished products)

     

  • Information on Dispersal/Disposal of Wastes and Pollutants

    10.1) Major Pollutants (gas, liquid, solid) their characteristics and quantities (average and at peak loads)

    10.2) Quality and quantity of solid wastes generated, method of their treatment and disposal

    10.3) Air, water and soil pollution problems anticipated and the proposed measures to control the same, including treatment and disposal of effluents.

  • Process Hazards Information

    11.1) Enclose a copy of the report on environmental impact assessment

    11.2) Enclose a copy of the report on Risk Assessment study.

    11.3) Published (open or classified) reports, if any, on accident situations/occupational health

    hazards or similar plants elsewhere (within or outside the country)

  • Information of proposed Safety and Occupational Health Measures

    12.1) Details of fire fighting facilities and minimum quantity of water, CO2 and or other fire fighting measures needed to meet the emergencies

    12.2) Details of in-house medical facilities proposed

  • Information on Emergency Preparedness

    13.1) Onsite emergency plan

    13.2) Proposed arrangements, if any, for mutual aid scheme with the group of neighbouring factories

  • Any other relevant information

I certify that the information furnished above is correct to the best of my knowledge and nothing of importance has been concealed while furnishing it.

Name and Signature of the Applicant

Rule 82B

HEALTH AND SAFETY POLICY

Rules made under Section 7A(3), 41B(2) and 112

  • The occupier of every factory, except as provided for in sub-rule (2), shall prepare a written statement of his policy in respect of health and safety of workers at work.
  • All factories –
    • covered under Section 2(m) (i) but employing less than 50 workers;
    • covered under Section 2(m)(ii) but employing less than 100 workers; are exempted from requirements of sub-rule(1):
  • Provided that they are not covered under the First Schedule under Section 2(cb) or carrying out processes of operations declared to be dangerous under Section 87 of the Act.
  • Notwithstanding anything contained in sub-rule(2) the Chief Inspector may required the occupiers of any of the factories or class or description of factories to comply with the requirements of sub-rule(1) if, in his opinion, it is expedient to do so.
  • The Health and Safety Policy should contain or deal with:
    • declared intention and commitment of the top management to health, safety and environment and compliance with all the relevant statutory requirements;
    • organisational set-up to carry out the declared policy clearly assigning the responsibility at different levels; and
    • arrangements for making the policy effective.
  • In particular, the Policy should specify the following:
    • arrangements for involving the workers;
    • intention of taking into account the health and safety performance of individuals at different levels while considering their career advancement;
    • fixing the responsibility of the contractors, sub-contractors, transporters and other agencies entering the premises;
    • providing a resume of health and safety performance of the factory in its Annual Report;
    • relevant techniques and methods, such as safety audits and risk assessment for periodical assessment of the status on health, safety and environment and taking all the remedial measures;
    • stating its intentions to integrate health and safety, in all decisions including those dealing with purchase of plant, equipment, machinery and material as well as selection and placement of personnel;
    • arrangements for informing, educating and training and retraining its own employees at different levels and the public, wherever required.
  • A copy of the declared Health and Safety Policy signed by the occupier shall be made available to the Inspector having jurisdiction over the factory and to the Chief Inspector;
  • The Policy shall be made widely known by –
    • making copies available to all workers including contract workers, apprentices, transport workers suppliers, etc.
    • displaying copies of the policy at conspicuous places; and
    • any other means of communication; in a language understood by majority of workers.
  • The occupier shall revise the Safety Policy as often as may be appropriate, but it shall necessarily be revised under the following circumstances: -
    • whenever any expansion or modification having implications on safety and health of persons at work is made; or
    • whenever new substance(s) or articles are introduced in the manufacturing process having implications on health and safety of persons supposed to such substances.

Rule 82C

COLLECTION AND DEVELOPMENT AND DISSEMINATION OF INFORMATION

Rules made under Section 41B and 112, Material Safety Data Sheet
  • The occupier of every factory carrying on a ‘hazardous process’ shall arrange to obtain or develop information in the form of Material Safety Data Sheet (MSDS) in respect of every hazardous substance or material handled in the manufacture, transportation and storage in the factory. It shall be accessible upon request to a worker for reference.
    • Every such Material Safety Data Sheet shall include the following information: -
      • The identity used on the label;
      • Hazardous ingredients of the substance;
      • Physical and chemical characteristics of the hazardous substance;
      • The physical hazards of the hazardous substance, including the potential for fire, explosion and reactivity;
      • The health hazards of the hazardous substance, including signs and symptoms of exposure and any medical conditions which are generally recognised as being aggravated by exposure to the substance;
      • The primary route(s) of entry;
      • The permissible limits of exposure prescribed in the Second Schedule under Section 41-F of the Act, and in respect of a Chemical not covered by the said Schedule, any exposure limit used for recommended by the manufacturer, importer or occupier;
      • Any generally applicable precautions for safe handling and use of the hazardous substance, which are known, including appropriate hygienic practices, protective measures during repairs and maintenance of contaminated equipment, procedures for clean-up of spills and leaks;
      • Any generally applicable control measures, such as appropriate engineering controls, work practices, or use of personal protective equipment;
      • Emergency and first aid procedures;
      • The date of preparation of the Material Safety Data Sheet, or the last change to it;
      • The name, address and telephone number of the manufacturer, importer, occupier or other responsible party preparing or distributing the Material Safety Data Sheet, who can provide additional information on the hazardous substance and appropriate emergency procedures, if necessary.
    • The occupier while obtaining or developing a Material Safety Data Sheet in respect of a hazardous substance shall ensure that the information recorded accurately reflects the scientific evidence used in making the hazard determination. If he becomes newly aware of any significant evidence used in making the hazard determination. If he becomes newly aware of any significant information regarding the hazards of a substance, or ways to protect against the hazards, this new information shall be added to the Material Safety Data Sheet as soon as practicable.
    • An example of such Material Safety Data Sheet is given in the Schedule to this Rule.

    Labelling

  • Every container of a hazardous substances shall be clearly labelled or marked to identify:
    • the contents of the container;
    • the name and address of the manufacturer or importer of the hazardous substances;
    • the physical and health hazards; and
    • the recommended personal protective equipment needed to work safely with the hazardous substance.

SCHEDULE

Material Safety Data Sheet

SAMPLE MODEL

SECTION I – MATERIAL IDENTIFICATION AND USE

Material Name/Identifier
Manufacturer’s NameSupplier’s Name
Street AddressStreet Address
CityStateCityState
Postal CodeEmergency Telephone No.Postal CodeEmergency Telephone No.
Chemical NameChemical Identity Trade Name and SynonymsProduct Use

SECTION II – HAZARDOUS INGREDIENTS OF MATERIAL

Hazardous IngredientsApproximate Concentration %C.A.S. or UN NumbersLD 50 (Specify Species and Route)LC 50 (Specify Species and Route)
     

SECTION III – PHYSICAL DATA FOR MATERIAL

Physical State--Gas -- Liquid -- SolidOdour and ApperanceOdour Threshold (p.p.m)Specific Gravity
Vapour PressureVapour density(Air=1)Evaporation RateBoiling point (oC)Freezing (oC)
Solubility in water (200C)pHDensity (g/ml)Coefficient of water / oil distribution

SECTION IV – FIRE AND EXPLOSION HAZARD OF MATERIAL

FlammabilityYesNo.If yes, under what conditions
Means of Extinction   
Special Procedures   
Flash Point (ºC)
and Method
Upper Explosion
Limit (% by Volume)
Lower Explosion
Limit (% by Volume)
 
Anti-ignition
Temperature (ºC)
TDG Flammability
Classification
Hazardous Combustion
Products
 
Explosion Data-Sensitivity
Chemical Impact
Sensitivity to Static
Discharge
  

SECTION V - REACTIVITY DATA

Chemical StabilityYesNo.If no, under what conditions
Incompatibility to other substancesYesNo.If yes, which ones
Reactivity and under what conditions
Hazardous Decomposition Products
Material Name / Identifier

SECTION VI – TOXICOLOGICAL PROPERTIES OF MATERIAL

Route of Entry
 Skin contactSkin AbsorptionEye Contact
 Inhalation AcuteInhalation ChronicIngestion
Effects of Acute Exposure to Material
Effects of Chronic Exposure to Material
  Exposure Limit(s)Irritancy of Material
Sensitization to  Material  Carcinogenicity, Reproductive Effects, Teratogenicity, Mutagenicity
Synergistic Materials  

SECTION VII – PREVENTIVE MEASURES

Personal Protective Equipment
Gloves (specify)Respiratory (specify) Eyes (specify)
Footwear (specify) Clothing (specify)Other (specify)
Engineering Controls (e.g. ventilation, enclosed process, etc.) Please specify
Leak and Spill Procedures
Waste Disposal
Handling Procedures and Equipment
Storage Requirements
Special Shipping Information

SECTION VIII – FIRST AID MEASURE

  • First Aid Measure
  • Sources used
  • Additional information

SECTION IX – PREPARATION DATE OF M.S.D.S.

Prepared by (Group, Department, etc.)(Phone No.)Date

NOTES:

  • CAS or UN Number – Chemical Abstract Service or United Nations (UN) Number.
  • LD 50 – Lethal Dose – 50% (LD50 – Specify species and route).
  • LC 50 – Lethal Concentration – 50% (LC50 – Specify species and route).
  • TDG Flammability – Transport of Dangerous Goods

Flammability Classification by United Nations.

Rule 82D

DISCLOSURE OF INFORMATION TO WORKERS

  • The occupier of a factory carrying on a ‘hazardous process’ shall supply to all workers the following information in relation to handling of hazardous materials or substances in the manufacture, transportation, storage and other processes:
    • Requirements of Sections 41B, 41C and 41H of the Act;
    • A list of ‘hazardous processes’ carried on in the factory
    • Location and availability of all Material Safety Data Sheets as per Rule 82C;
    • Physical and health hazards arising from the exposure to or handling of substances;
    • Measures taken by the occupier to ensure safety and control of physical and health hazards;
    • Measures taken by the workers to ensure safe handling, storage and transportation of hazardous substances;
    • Personal Protective Equipment required to be used by workers employed in ‘hazardous process’ or ‘dangerous operations’;
    • Meaning of various labels and markings used on the containers of hazardous substances as provided under Rule 82C;
    • Signs and symptoms likely to be manifested on exposure to hazardous substances and to whom to report;
    • Measures to be taken by the workers in case of any spillage or leakage of a hazardous substance;
    • Role of workers vis-à-vis the emergency plan of the factory, in particular the evacuation procedures;
    • Any other information considered necessary by the occupier to ensure safety and health of workers.
  • The information required by sub-rule (1) shall be compiled and made known to workers individually through supply of booklets or leaflets and display of cautionary notices at the work places.
  • The booklets, leaflets and the cautionary notices displayed in the factory shall be in the language understood by the majority of the workers and also explained to them.
  • The Chief Inspector may director the occupier to supply further information to the workers as deemed necessary.

Rule 82E

DISCLOSURE OF INFORMATION TO GENERAL PUBLIC

  • The occupier of every factory carrying on a ‘hazardous process’ shall in consultation with the District Emergency Authority designated by the State Government, take appropriate steps to inform the general public who are likely to be in the area which might be affected by an accident. Such information shall include:
    • Name of the factory and address where situated;
    • Identification, by name and position, of the person giving the information;
    • Confirmation that the factory has approval from the Factories Inspectorate and Pollution Control Board;
    • An explanation in simple terms of the hazardous process(es) carried on in the premise;
    • The common names of the hazardous substances used which could give rise to an accident likely to affect them, with an indication of their principal harmful characteristics;
    • Brief description of the measures to be taken to minimise the risk of such an accident in compliance with its legal obligations under relevant safety statutes;
    • Salient features of the approved disaster control measures adopted in the factory;
    • Details of the factory’s emergency warning system for the General Public;
    • General advice on the action members of the public should take on hearing the warning;
    • Brief description of arrangements in the factory, including liaison with the emergency services, to deal with foreseeable accidents of such nature and to minimise their effects; and
    • Details of where further information can be obtained.
  • The occupier shall also supply any further information –
    • to general public as directed by the District Emergency Authority from time to time;
    • to the elected representatives of the general public on request.
  • The occupier shall endeavour to enter an agreement with the District Emergency Authority for the area, within whose jurisdiction the factory is situated, for the District Emergency Authority to take appropriate steps to inform the general public outside the factory who are likely to be affected by an accident as required in sub-rule (1).
  • The information prescribed in sub-rule (1) shall be in the regional language and in English or Hindi.

Rule 82F

DISCLOSURE OF INFORMATION TO THE LOCAL AUTHORITY

The occupier of every factory carrying on a ‘hazardous process’ shall furnish the following information in writing to the local authority having jurisdiction over the area in which the factory is situated –

  • the information furnished to general public as prescribed in the Rule 82E;
  • a statement of the names and quantities generally stored or in process of hazardous substances included in the list of chemicals prescribed under clauses (vi) and vii) of sub-section (2) of Section 3 of the Environment (Protection) Act, 1986.

Rule 82G

DISCLOSURE OF INFORMATION TO DISTRICT EMERGENCY AUTHORITY

The occupier of a factory carrying on a hazardous process, shall intimate the District Emergency Authority designated by the State Government, all information having a bearing on preparation of an on-site emergency plan and a disaster control and management plan in respect of the factory.

Without prejudice to the generality of this clause, the occupier shall furnish the District Emergency Authority the following:

  • a report on status relating to risk assessment and environmental impact assessment and the measures taken for prevention of accidents,
  • compilation of Material Data Sheets in respect of hazardous substances used, produced or stored in the factory,
  • a statement on all possible sources of accidents involving fire, explosion, release or leakage of toxic substances and the plan of the premises where such an accident may occur.
  • A statement on resources and facilities available for dealing with an emergency including any agreement entered into with a neighbouring factory for aid and assistance in the event of an emergency,
  • A map of the area showing the approaches to the factory location of emergency facilities such as hospitals, police, fire service,
  • The organisation of the management and the responsibility for safety indicating therein the persons responsible for on-site emergency action,
  • Details relating to alert system,
  • Information on availability of antidotes for poisoning resulting from an accident,
  • Any other information as may be considered relevant by the occupier or asked for by the District Emergency Authority.

Rule 82H

DISCLOSURE OF INFORMATION TO THE CHIEF INSPECTOR

  • The occupier of every factory carrying on ‘hazardous process’ shall furnish, in writing, to the Chief Inspector a copy of all the information furnished to the workers, local authority, general public and the District Emergency Authority.
  • A copy of compilation of Material Safety Data Sheets in respect of hazardous substances used, produced or stored in the factory shall be furnished to the Chief Inspector, and the local Inspector.
  • The occupier shall also furnish any other information asked for by the Chief Inspector from time to time for the purpose of this Act and Rules made thereunder.

Rule 82-1

EMERGENCY PLAN

  • The occupier of a factory carrying on a hazardous process shall prepare a draft on-site emergency plan and submit it to the Chief Inspector. The Chief Inspector may make such modification in the plan as necessary, in consultation with the occupier and approve the same.
  • The occupier will submit a copy of the approved plan to the District Emergency Authority.
  • The occupier will intimate the workers the provisions of the emergency plan and hold rehearsals of the plan periodically. He shall review the plan from time to time and make necessary changes therein under intimation to the Chief Inspector and the District Emergency Authority.
  • The Chief Inspector may issue guidelines relating to formulation of emergency plans. He may also direct modifications of the emergency plan in respect of any factory as may be necessary, from time to time.

Rule 82J

DISASTER CONTROL AND MANAGEMENT PLAN

  • The occupier of every factory carrying on a hazardous process shall prepare a draft disaster control and management plan in respect of his factory and submit the same to the Chief inspector and the District Emergency Authority.
  • The District Emergency Authority on receipt of the plan shall hold consultation with the occupier, representatives of the Chief Inspector, the State Pollution Control Board, local authority as well as police, health fire brigade and other authorities concerned and finalise the plan.
  • The District Emergency Authority shall forward a copy of the final plan to the occupier and all authorities concerned. The occupier shall intimate the workers the contents of the plan.
  • The occupier in consultation with the District Emergency Authority will arrange rehearsals of the plan at least once a year.
  • The Chief Inspector may issue guidelines for formulation of disaster control and management plans. The Chief Inspector as well as the District Emergency Authority may after mutual consultation also direct modifications of the disaster control and management plan in respect of a factory as may be necessary from time to time.

Rule 82K

INFORMATION ON INDUSTRIAL WASTES

  • The information furnished under Rules 82-D, 82-F, 82-G and 82-H shall include the quantity of the solid and liquid wastes generated per day, their characteristics and the method of treatment such as incineration of solid wastes, chemical and biological treatment of liquid wastes, and arrangements for their final disposal.
  • It shall also include information on the quality and quantity of gaseous waste discharged through the stacks or other openings, and arrangements such as provision of scrubbers, cyclone separators, electro-static precipitators or similar such arrangements made for controlling pollution of the environment.
  • The occupier shall also furnish the information prescribed in the sub-rules (1) and (2) to the State Pollution Control Board.

Rule 82L

REVIEW OF THE INFORMATION FURNISHED TO WORKERS ETC.

  • The occupier shall review once in every calendar year and modify, if necessary, the information furnished under Rule 82-D to 82-H to the workers, general public, local authority, Chief Inspector and the District Emergency Authority.
  • In the event of any change in the process or operations or methods of work or when any new substance is introduced in the process of in the event of a serious accident taking place, the information so furnished shall be reviewed and modified to the extent necessary.

Rule 82M

CONFIDENTIALITY OF INFORMATION

The occupier of a factory carrying on ‘hazardous process’ shall disclose all information needed for protecting safety and health of the workers and the general public in the neighbourhood –

  • his workers;
  • District Emergency Authority; and
  • Chief Inspector

as required under Rules 82-D, 82-G, and 82-H. if the occupier is of the opinion that the disclosure of details regarding the process and formulations will adversely affect his business interests, he may make a representation to the Chief Inspector stating the reasons for withholding such information. The Chief Inspector shall give an opportunity to the occupier of being heard and pass an order on the representation.

An occupier aggrieved by an order of Chief Inspector may prefer an appeal before the State Government within a period of 30 days. The State Government shall give an opportunity to the occupier of being heard and pass an order. The order of the State Government shall be final.

Rule 82N

MEDICAL EXAMINATION

Rules framed under Sections 41-B, 41-C and 112 – specific responsibility of the occupier in relation to hazardous process.

  • Workers employed in a ‘hazardous process’ shall be medically examined by a qualified medical practitioner herein after referred to as a Factory Medical Officer, in the following manner: -
    • Once before employment, to ascertain physical fitness of the person to do the particular job:-
    • Once in a period of 6 months, to ascertain the health status of all the workers in respect of occupational health hazards to which they are exposed and in cases where in the opinion of the Factory Medical Officer it is necessary to do so at a shorter interval in respect of any workers.
    • The details of pre-employment and periodical medical examination carried out as aforesaid shall be recorded in the Health Register in Form 24.
  • No person shall be employed for the first time without a certificate of fitness in Form 33 granted by the Factory Medical Officer. If the Factory Medical Officer declares a person unfit for being employed in any process covered under sub-rule (1), such a person shall have the right to appeal to the Inspector who shall refer the matter to the Certifying Surgeon whose opinion shall be final in this regard. If the Inspector is also a Certifying Surgeon, he may dispose of the application himself.
  • Any findings of the Factory Medical Officer revealing any abnormality or unsuitability of any person employed in the process shall immediately be reported to the Certifying Surgeon who shall in turn, examine the concerned worker and communicate his findings to the occupier within 30 days. If the Certifying Surgeon is of the opinion that the worker so examined is required to be taken away from the process for health protection, he will direct the occupier accordingly, who shall not employ the said worker in the same process. However, the worker so taken away shall be provided with alternate placement unless he is in the opinion of the Certifying Surgeon, fully incapacitated in which case the worker affected shall be suitably rehabilitated.
  • A Certifying Surgeon on his own motion or on a reference from an Inspector may conduct medical examination of a worker to ascertain the suitability of his employment in a hazardous process or for ascertaining his health status. The opinion of the Certifying Surgeon in such a case shall be final. The fee required for this medical examination shall be paid by the occupier.
  • The worker taken away from employment in any process under sub-rule (2) may be employed again in the same process only after obtaining the Fitness Certificate from the Certifying Surgeon and after making entries to that effect in the Health Register.
  • The worker required to undergo medical examination under these rules and for any medical survey conducted by or on behalf of the Central or the State Government shall not refuse to undergo such medical examination.

Rules 82-O

OCCUPATIONAL HEALTH CENTRES

  • In respect of any factory carrying on ‘hazardous process’, there shall be provided and maintained in good order an Occupational Health Centre with the services and facilities as per scale laid down hereunder: -
    • For factories employing upto 50 workers -
      • The services of a Factory Medical Officer on retainer-ship basis, in his clinic to be notified by the occupier. He will carry out the pre-employment and periodical medical examination as stipulated in rule 82N and render medical assistance during any emergency.
      • A minimum of 5 persons trained in first-aid procedures amongst whom atleast one shall always be available during the working period;
      • A fully equipped first-aid box.
    • For factories employing 51 to 200 workers –
      • An occupational Health Centre having a room with a minimum floor area of 15 sq.mm with floors and walls made of smooth and impervious surface and with adequate illumination and ventilation as well as equipment as per the schedule annexed to this Rule.
      • A part-time Factory Medical Officer shall be in overall charge of the Centre who shall visit the factory at least twice in a week and whose services shall be readily available during medical emergencies;
      • One qualified and trained dresser-cum-compounder on duty throughout the working period;
      • A fully equipped first aid box in all the departments;
    • for Factories employing above 200 workers;
      • One full-time Factory Medical Officer for factories employing upto 500 workers and one more Medical Officer for every additional 1000 workers or part thereof;
      • An Occupational Health Centre having at least 2 rooms each with a minimum floor area of 15 sq.metre with floors and walls made of smooth and impervious surface and adequate illumination and ventilation as well as equipment as per the schedule annexed to this Rule.
      • There shall be one nurse, one dresser-cum-compounder and one sweeper-cum-ward boy through out the working period;
      • The Occupational Health Centre shall be suitably equipped to manage medical emergencies.
  • The Factory Medical Officer required to be appointed under sub-rule (1) shall have qualifications included in Schedule to the Indian Medical Degrees Act of 1916 or in the Schedules to the Indian Medical Council Act, 1956 and possess a Certificate of Training in Industrial Health of minimum three months duration recognised by the State Government:

    Provided that –

    • A person possessing a Diploma in Industrial Health or equivalent shall not be required to possess the certificate of training as aforesaid;
    • The Chief Inspector may, subject to such conditions as he may specify, grant exemption from the requirement of this sub-rule, if in his opinion a suitable person possessing the necessary qualification is not available for appointment;
    • In case of a person who has been working as a Factory Medical Officer for a period of not less than 3 years on the date of commencement of this rule, the Chief Inspector may, subject to the condition that the said person shall obtain the aforesaid certificate of training within a period of three years, relax the qualification.
  • The syllabus of the course leading to the above certificate, and the organisations conducting the Course shall be approved by the Directorate General of Factory Advice Service and Labour Institutes or the State Government in accordance with the guidelines issued by the DGFASLI.
  • Within one month of the appointment of a Factory Medical Officer, the occupier of the Factory shall furnish to the Chief Inspector the following particulars:
    • Name and address of the Factory Medical Officer;
    • Qualifications
    • Experience, if any, and
    • The sub-rule under which appointed.

SCHEDULE

Equipment for Occupational Health Centre in Factories

  • A glazed sink with hot and cold water always
  • A table with a smooth top at least 180 cm x 105 cm.
  • Means for sterilizing instruments
  • A cough
  • Two buckets or containers with close fitting lids
  • A kettle and spirit stove or other suitable means of boiling water
  • One bottle of spiritus ammeniac aromaticus (120 ml.)
  • Two medium size sponges
  • Two ‘kidney’ trays
  • Four cakes of toilet, preferably antisentic soap
  • Two glass tumblers and two wine glasses
  • Two clinical thermometers
  • Two tea spoons
  • Two graduated (120 ml) measuring glasses
  • One wash bottle (1000 cc) for washing eyes
  • One bottle (one litre) carbolic lotion 1 to 20.
  • Three chairs
  • One screen
  • One electric hand torch
  • An adequate supply of tetanus texied
  • Coramine liquid (60 ml)
  • Tablets – antihistaminic, antispasmedic (25 each)
  • Syringes with needles – 2cc, 5 cc and 10 cc
  • Two needle holders, big and small suturing needless and materials
  • Suturing needles and materials
  • One dissecting forceps
  • One dressing forceps
  • One scalpels
  • One stethoscope
  • Rubber bandage – pressure bandage
  • Oxygen cylinder with necessary attachments
  • One Blood Pressure apparatus
  • One Patellar Hammer
  • One Peak-flow meter for lung function measurement
  • One stomach wash set
  • Any other equipment recommended by the Factory Medical Officer according to specific need relating to manufacturing process
  • In addition –
    • For factories employing 51 to 200 workers –
      • Four plain wooden splints 900 mm x 100mm x 6mm
      • Four plain wooden splints 350 mm x 75mm x 6mm
      • Two plain wooden splints 250 mm x 50mm x 12mm
      • One pair artery forceps
      • Injections – morphia, pethidine, atronine, adrenaline, coramine, novacan (2 each)
      • One surgical scissors
    • For factories employing above 200 workers –
      • Eight plain wooden splints 900 mm x 100mm x 6mm
      • Eight plain wooden splints 350 mm x 75mm x 6mm
      • Four plain wooden splints 250 mm x 50mm x 12mm
      • Two pairs artery forceps
      • Injections – morphia, pethidine, atronine, adrenaline, coramine, novacan (2 each)
      • One surgical scissors

Rule 82P

AMBULANCE VAN

  • in any factory carrying on ‘hazardous process’, there shall be provided and maintained in good condition, a suitably constructed ambulance van equipped with items as per sub-rule (2) and manned by a full time Driver-cum-Mechanic and a Helper trained in first aid, for the purposes of transportation of serious cases of accidents or sickness. The ambulance van shall not be used for any purpose other than the purpose stipulated herein and will normally be stationed at or near to the Occupational Health Centre.

    Provided that a factory employing less than 200 workers, may make arrangements for procuring such facility at short notice from a nearby hospital or other places, to meet any emergency.

  • The Ambulance should have the following equipment:
    • General
      • A wheeled stretcher with folding and adjusting devices; with the head of the stretcher capable of being tilted upward;
      • Fixed suction unit with equipment;
      • Fixed oxygen supply with equipment;
      • Pillow with case; -Sheets; - Blankets; - Towels;
      • Emesis bag; - Bed pan; - Urinal; - Glass
    • Safety equipment
      • Flares with life of 30 minutes; - Flood lights;
      • Flash lights; -Fire extinguisher dry power type;
      • Insulated gauntlets
    • Emergency Care Equipment

      (i) Resuscitation

      • Portable suction unit; Portable oxygen units;
      • Bag-valve-mask, hand operated artificial ventilation unit;
      • Airways; -Mouth gags; - Tracheestomy adapters;
      • Short spine board; I.V. Fluids with administration unit;
      • B.P. Manometer; - Cunn; -Stethoscope

      (ii) Immobilization

      • Long and short padded boards; - Wire ladder splints;
      • Triangular bandage; - Long and short spine boards

      (iii) Dressings

      • Gauze pads – 4” x 4”; - Universal dressing 10” x 36”,
      • Roll of aluminum foils; - Soft roller bandages 6” x 5 yards; -Adhesive tape in 3” roll; -Safety pins;
      • Bandage sheets; - Burn sheet.

      (iv) Poisoning

      • Syrup of Ipecae; - Activated Charcoal Pre packeted in dozes; - Snake bite kit;
      • Drinking water

      (v) Emergency Medicines

      • As per requirement (under the advice of Medical Officer only)

Rule 82Q

DECONTAMINATION FACILITIES

In every factory, carrying out ‘hazardous process’, the following provisions shall be made to meet emergency :-

  • fully equipped first aid box;
  • readily accessible means of water for washing by workers as well as for drenching the clothing of workers who have been contaminated with hazardous and corrosive substance; and such means shall be as per the scale shown in the Table below:

    TABLE

     No. of persons employed at any timeNo. of drenching showers
    (i)Upto 50 workers2
    (ii)Between 51 to 200 workers2 + 1 for every additional 50 or part thereof.
    (iii)Between 201 to 500 workers5 + 1 for every additional 100 or part thereof.
    (iv)501 workers and above8 + 1 for every additional 200 or part thereof.
  • a sufficient number of eye wash bottles filled with distilled water or suitable liquid, kept in boxes or cupboards conveniently situated and clearly indicated by a distinctive sign which shall be visible at all times.

Rule 82 R

MAKING AVAILABLE HEALTH RECORDS TO WORKERS

  • The occupier of every factory carrying out a ‘hazardous process’ shall make accessible the health records including the record of worker’s exposure to hazardous process or, as the case may be, the medical records of any worker for his perusal under the following conditions:-
    • Once in every six months or immediately after the medical examination whichever is earlier;
    • If the factory Medical Officer or the Certifying Surgeon as the case may be, is of the opinion that the worker has manifested signs and symptoms of any notificable disease as specified in the Third Schedule of the Act.
    • If the worker leaves the employment;
    • If any one of the following authorities so direct
      • the Chief Inspector of Factories;
      • the Health Authority of the Central or State Government;
      • the Commissioner of Workmen’s Compensation;
      • the Director, Employees State Insurance Corporation (Medical Benefits); and
      • the Director General, Factory Advice Service and Labour Institutes.
  • A copy of the upto date health records including the record of worker’s exposure to hazardous process or, as the case may, the medical records shall be supplied to the worker on receipt of an application from him. X-ray plates and other medical diagnostic reports may also be made available for reference to his medical practitioner.

Rule 82S

QUALIFICATIONS ETC. OF SUPERVISORS

  • All persons who are required to supervise the handling of hazardous substances shall possess the following qualifications and experience:
      • A degree in Chemistry or Diploma in Chemical Engineering or Technology with 5 years experience; or
      • A Master’s Degree in Chemistry or a Degree in Chemical Engineering or Technology with 2 years experience.

        The experience stipulated above shall be in process operation and maintenance in the Chemical Industry.

    • The Chief Inspector may require the supervisor to undergo training in Health and Safety.
  • The syllabus and duration of the above training and the organisations conducting the training shall be approved by the DGFASLI or the State Government in accordance with the guidelines issued by the DGFASLI.

Rule 82T

ISSUE OF GUIDELINES

For the purpose of compliance with the requirements of sub-sections (1) (4) and (7) of Section 41-B or 41-C the Chief Inspector may, if deemed necessary, issue guidelines from time to time to the occupiers of factories carrying on ‘hazardous process’. Such guidelines may be based on National Standards, Codes of Practice, or recommendations of International Bodies such as ILO and WHO.

Chapter V Welfare
83. Washing facilities
84. Facilities for keeping clothing
85. First-aid appliances
86. Notice regarding first-aid
87. Ambulance room
88. Canteens
89. Dining Hall
90. Equipment
91. Prices to be charged
92. Accounts
93. Managing Committee
94. Annual medical examination
95. Shelters, rest rooms and lunch rooms
96. Creches
97. Wash rooms

(2) The building in which the crèche is situated shall be soundly constructed and all the walls and roof shall be of suitable heat resisting materials and shall be water-proof. The floor and internal walls of the creche shall be so laid or finished as to provide a smooth impervious surface.

  • The height of the rooms in the building shall be not less than 3.65 metres from the floor to the lowest part of the roof and there shall not be less than 1.86 square metres of floor area for each child to be accommodated.
  • Effective and suitable provision shall be made in every part of the creche for securing and maintaining adequate ventilation by the circulation of fresh air.
  • The creche shall be adequately furnished and equipped and in particular there shall be one suitable cot or cradle with the necessary bedding for each child (provided that for children over two years of age it will be sufficient if suitable bedding is made available), at least on chair or equivalent seating accommodation for the use of each mother while she is feeding or attending to her child, and a sufficient supply of suitable toys for the elder children.
  • A suitably fenced and shady open air playground shall be provided for the elder children :

Provided that the Chief Inspector may by order in writing exempt any factory from compliance with this sub-rule if he is satisfied that there is not sufficient space available for the provision of such a play-ground.

97. Washroom.

  • here shall be in or adjoining the creche a suitable washroom for the washing of the children and their clothing. The washroom shall conform to the following standards :-
    • floor and internal walls of the room to a height of 90 centimetres shall be so laid or furnished as to provide a smooth impervious surface. The room shall be adequately lighted and ventilated and the floor shall be effectively drained and maintained in a clean and tidy condition;
    • there shall be at least one basin or similar vessel for every four children accommodated in the crèche at any one time together with a supply of water provided, if practicable, through taps from a source approved by the Health Officer. Such source shall be capable of yielding for each child a supply of at least 25 litres of water a day; and
    • an adequate supply of clean clothes, soap and clean towels shall be made available for each child while it is in the crèche.
  • Adjoining the washroom referred to in sub-rule (1), a latrine shall be provided for the sole use of the children in the creche. The design of latrine and the scale of accommodation to be provided shall either be approved by the Public Health authorities or, where there is no such Public Health authority, by the Chief Inspector of Factories.
98. Supply of milk and refreshments

At least a quarter litre of clean pure milk shall be available for each child on every day on every day it is accommodated in the creche and the mother of such a child shall be allowed in the course of her daily work ........................intervals of at least........................to feed the child. For children above two years of age there shall be provided in addition an adequate supply of wholesome refreshment.

99. Clothes for creche staff

99. Clothes for creche staff

The creche staff shall be provided with suitable clean clothes for use while on duty in the creche.

100. Exemption from the provision of crèche

Rule prescribed under section 50 read with section 48

100. Exemption from the provision of crèche

  • In factories where the number of married women or widows employed does not exceed 15 or where the factory works for less than 180 days in a calendar year, or where number of children kept in the creche was less than 5 in the preceding year, the Chief Inspector may exempt such factories from the provisions of section 48 and the rules 96 to 99 made thereunder, if he is satisfied that alternate arrangements as stipulated under sub-rule (2) are provided by the factory.
    • The alternate arrangements required in sub-rule (1) shall include a creche building which has a minimum accommodation at the rate of 1.86 square metres per child and constructed in accordance with the plans approved by the Chief Inspector.
    • The creche building shall have
      • a suitable washroom for washing of the children and their clothing;
      • adequate supply of soap and clean clothes and towels; and
      • adequate number of female attendants who are provided with suitable clean clothes for use while on duty to look after the children in the creche.
  • The exemption granted under sub-rule (1) may at any time be withdrawn by the Chief Inspector if he finds after such enquiry as he may deem fit, that the factory has committed a breach of this rule.
101. Welfare Officers

Rule prescribed under sub section (2) of section 49 and section 50.

101. Welfare Officers

  • Number of Welfare Officers :
    • The occupier of every factory employing between 500 and 2000 sub-sect-workers shall appoint at least one Welfare Officer, and where the number of workers exceeds 2000, there shall be an additional and Welfare Officer for every additional 2000 workers or fraction thereof over 500. In a factory where both men and women workers are employed, the number of women Welfare Officers to be appointed shall be in proportion to the women workers employed provided that where the number of women employed is more than 100 and the total number of workers does not exceed 2500 an additional woman Welfare Officer shall be appointed.
    • Where there are more than one Welfare Officer appointed, one of them shall be called the Chief Welfare Officer and the others Assistant Welfare Officers.
  • Qualifications : A person shall not be eligible for appointment as a Welfare Officer, unless he:
    • possesses a degree of a University recognised by the State Government in this behalf;
    • has obtained a degree or diploma in social science from any institution recognised by the State Government in this behalf; and
    • has adequate knowledge of the language spoken by the majority of the workers in the factory to which he is to be attached:

    Provided that the State Government may, by notification in the official gazette, grant exemption from the provisions of clause (b) in suitable cases till such time better facilities in the matter of training in social science are available.

    Provided further that, in the case of a person who is acting as a Welfare Officer at the commencement of these rules, the State Government may, subject to such conditions as it may specify, relax all or any of the aforesaid qualifications.

  • Recruitment of Welfare Officers
    • The post of a Welfare Officer shall be advertised in at least two newspapers having a wide circulation in the State, one of which shall be an English newspaper.
    • The selection shall be made from among the candidates applying for the post by a Committee appointed by the occupier of the factory.
    • The appointment when made shall be notified by the occupier to the State Government or such authority as the State Government may specify for the purpose, giving full details of the qualifications, etc. of the officer appointed and the conditions of his service.
  • Conditions of service of Welfare Officers
    • A Welfare Officer shall be given appropriate status corresponding to the status of the other executive heads of the factory and he shall be started on a suitable scale of pay the minimum of which shall not be less than Rs.......... per month.
    • The conditions of service of a Welfare Officer shall be the same as of other members of the staff of corresponding status in the factory :

    Provided that, in the case of discharge or dismissal, the Welfare Officer shall have a right of appeal to the State Government whose decision thereon shall be final and binding upon the occupier.

  • Duties of Welfare Officers : The duties of a Welfare Officer shall be –
    • to establish contacts and hold consultations with a view to maintaining harmonious relations between the factory management and workers;
    • to bring to the notice of the factory management the grievances of workers, individual as well as collective, with a view to securing their expeditious redress and to act as a liaison officer between the management and labour;
    • to study and understand the point of view of labour in order to help the factory management to shape and formulate labour policies and to interpret these policies and to interpret these policies to the workers in a language they can understand;
    • to watch industrial relations with a view to using his influence in the event of a dispute between the factory management and workers and to help to bring about a settlement by persuasive effort;
    • to advise on fulfilment by time management and the concerned departments of the factory of obligations, statutory or otherwise, concerning regulation of working hours, maternity benefit, medical care, compensation for injuries and sickness and other welfare and social benefit measures;
    • to advise and assist the management in the fulfilment of its obligations, statutory or otherwise, concerning prevention of personal injuries and maintaining a safe work environment, in such factories where a Safety Officer is not required to be appointed under the enabling provisions under section 40 B;
    • to promote relations between the concerned departments of the factory and workers which will bring about productive efficiency as well as ameliioration in the working conditions and to help workers to adjust and adapt themselves to their working environments;
    • to encourage the formation of Works and Joint Production Committees, Co-operative Societies and Welfare Committees, and to supervise their work;
    • to encourage provision of amenities such as canteens, shelters for rest, creches, adequate latrine facilities, drinking water, sickness and benevolent scheme payments, pension and superannuation funds, gratuity payments, granting of loans and legal advice to workers;
    • to help the factory management in regulating the grant of leave with wages and explain to the workers the provisions relating to leave with wages and other leave privileges and to guide the workers in the matter of submission of application for grant of leave for regulating authorised absence;
    • to advise on provision of welfare facilities, such as housing facilities, foodstuffs, social and recreational facilities, sanitation, advice on individual personnel problems and education of children;
    • to advise the factory management on questions relating to training of new starters, apprentices, workers on transfer and promotion, instructors and supervisors, supervision and control of notice board and information bulletins to further education of workers and to encourage their attendance at technical institutes; and
    • to suggest measures which will serve to raise the standard of living of workers and in general promote their well-being.
  • Welfare officers not to deal with disciplinary cases or appear on behalf of the management against workers.- No Welfare Officer should deal with any disciplinary cases against workers or appear before a conciliation officer in a court or tribunal on behalf of the factory management against a worker or workers.
  • Powers of exemption: The State Government may, by notification in the official gazette, exempt any factory or class or description of factories from the operation of all or any of the provisions of these rules subject to compliance with such alternative arrangements as may be approved.
    • The occupier of every factory employing between 500 and 2000 sub-sect-workers shall appoint at least one Welfare Officer, and where the number of workers exceeds 2000, there shall be an additional and Welfare Officer for every additional 2000 workers or fraction thereof over 500. In a factory where both men and women workers are employed, the number of women Welfare Officers to be appointed shall be in proportion to the women workers employed provided that where the number of women employed is more than 100 and the total number of workers does not exceed 2500 an additional woman Welfare Officer shall be appointed.
    • Where there are more than one Welfare Officer appointed, one of them shall be called the Chief Welfare Officer and the others Assistant Welfare Officers.
Chapter VI Working Hours of Adults
Working Hours of Adults

102. Compensatory holidays

Rules prescribed under sub-section (2) of Section 53

  • Except in the case of workers engaged in any work which for technical reasons must be carried on continuously throughout the day, the compensatory holidays to be allowed under sub-section (1) of section 53 of the Act shall be so spaced that not more than two holidays are given in one week.
  • The manager of the factory shall display, on or before the end of the month in which holidays are lost, a notice in respect of workers allowed compensatory holidays during the following month and of the dates thereof, at the place at which the notice of periods of works prescribed under section 61 is displayed. Any subsequent change in the notice in respect of any compensatory holiday shall be made not less than three days in advance of the date of that holiday.
  • Any compensatory holiday or holidays to which a worker is entitled shall be given to him before he is discharged or dismissed and shall not be reckoned as part of any period of notice required to be given before discharge or dismissal
    • The manager shall maintain a register in Form 14 :

      Provided that, if the Chief Inspector of Factories is of the opinion that any muster roll or register maintained as part of the routine of the factory or return made by the manager, gives in respect of any or all of the workers in the factory the particulars required for the enforcement of section 52, he may, by order in writing, direct that such muster roll or register or return shall, to the corresponding extent, be maintained in place of and be treated as the register or return required under this rule for that factory.

    • The register maintained under clause (a) shall be preserved for a period of three years after the last entry in it shall be produced before the Inspector on demand.

Muster role prescribed under sub-section (5) of section 59

103. Muster roll for exempted workers

The manager of every factory in which workers are exempted under section 64 or 65 from the provisions of section 51 or 54 shall keep a muster roll in Form 15 showing the normal piece work rate of pay, or the rate of pay per hour, of all exempted employees. In this muster roll shall be correctly entered the overtime hours of work and payments therefor of all exempted workers. The muster roll shall always be available for inspection.

Notice prescribed under sub section (8) of section 61

104. Notice of periods of work for adults

The notice of periods of work for adult workers shall be in Form 16.

Register prescribed under sub-section(2) of section 62.

105. Register of adult workers

The register of adult workers shall be in Form 17.

Rules 106 to 109 prescribed under section 64.

106. Persons defined to hold positions of supervision or management

The following persons shall be deemed to hold positions of supervision or management :

  • all persons specified in the schedule annexed hereto; and
  • any other person who, in the opinion of the Inspector, holds a position of supervision or management.

SCHEDULE

  • Managers
  • Assistant managers
  • Engineers
  • Foremen
  • Weaving masters and spinning masters in textile mills.
  • Head electricians
  • .........................
  • .........................

107. Persons defined to hold confidential positions

All timekeepers employed in a factory within the meaning of sub-section (1) of section 2 shall be deemed to be employed in a confidential position in the factory.

108. List to be maintained of persons holding confidential position or position of supervision of management

A list showing the names and designations of all persons to whom the provisions of sub-section (1) of section 64 have been applied shall be maintained in every factory.

109. Exemption of certain adult workers

Adult workers engaged in factories specified in column 2 of the schedule hereto annexed on the work specified in column 3 of the said schedule shall be exempted from the provisions of the sections specified in the column 4 subject to the conditions, if any, specified in column 5 of the said schedule.

SCHEDULE

Section of the Act empowering grant

of exemption

Class of

Factory

Nature of exempted work

Extent of exemption

Remarks

64(2) (a) and 64(3)

All factories

Urgent repairs

Section 51,53,54,5,56 and 61

(i) No worker shall be employed on such repairs for more than

15 hours on any one day, 39 hours during any three consecutive

days, or 66 hours during each period of seven consecutive days commencing from his first employment on such repairs.

(ii) Within 24 hours of the commencement of the work, notice shall be sent to the Inspector describing the nature of the urgent repairs and the period probably required for their completion.

(iii) Exemption from the provisions of section 54 shall apply only in the case of adult male workers.

64(2)(b) and 64(3) shop, the smithy

All Factories

  • Work in the machine shop, the smithy or the foundry or in connection with the mill gearing, the electric driving or lighting apparatus, the mechanical or electrical lifts or the steam or water pipes or pumps of a factory.
  • Work of examining or repairing any machinery or other part of the plant which is necessary for carrying on work in the factory.
  • Work in boiler houses and engine rooms such as lighting fires in order generate gas preparatory to the commencement of regular work in the factory.

Sections 51, 54, 55, 56 and (4) of section 64.

- do -

The limits of work inclusive of overtime shall not exceed those mentioned in sub-section 61

- do -

64(2)(c) and 64(3)

All factories

  • Work performed by drivers on lighting, ventilating and humidifying

    apparatus.

  • Work performed by fire pumpmen.

Sections 51,54,55 and 61

- do -

64(2)(d) and 64(3)

(i)Oil tank installations

Work performed by workers connected with pumping operations

Sections 51, 52,54,55,56 and 61

In the absence of a worker who has failed to report for duty, a shift worker shall be allowed to work the whole or of a subsequent shift provided that –

(i) the next shift of the shift worker shall not commence before a period of 16 hours has elapsed;

(ii) within 24 hours of the commencement of the subsequent shift, notice shall be sent to the Inspector describing the circumstances under which the worker is required to work in the subsequent shift;

(iii)the exemption will be restricted to only male adult workers; and

(iv) the limits of work inclusive of overtime shall not exceed those mentioned in sub-section (4) of section 64.

 

(2) Public hydro electric supply factories.

Operation and maintenance of Prime movers and auxiliaries, transformers and switches.

Sections 52, 54 and 55

- do -

 

(3)Public electric supply companies generating electricity from oil in internal combustion engines.

Work of engine drivers and assistants, generator attendants, boilers and greasers, switch board operators and pumpmen

- do -

- do -

 

(4)Electrical transforming factories

Work of operation and maintenance of

the transforming

plant, switches and

synchronous condensers.

- do -

- do -

 

(5) Distilleries

Work on the extraction of sugar from various bases,

fermentation of

sugar juice and

distillation of

fermented wash.

- do -

- do -

 

(6) Sugar factories

Extraction of the

juice from the cane,clarification, evaporation and boiling of the juice; curing of the massecuite; and bagging.

- do -

- do -

 

(7) Chemicals factories

Work on the sulphur burners, chambers, concentraters, and pumps; roasting furnaces, manufacture of hydrochloric and nitric acid, sulphates, sulphides, nitrates, superphosphates and chlorides; and work on the steam service

- do -

- do -

 

(8)Vegetable hydrogenation factories

Work on refining, bleaching, filtering,

generation of hydrogen; hydrogenating; deodorizing processes; compression of oxygen and cylinder filling; and work on the electrical power plant.

- do -

- do -

 

(9)Ice factories

Work on the engine and compressor drivers and assistants and oilers.

- do -

- do -

 

(10)Oil mills

All work

Sections 54 and 55

- do -

 

(11)Flour mills

All work.

Sections 52 and 55.

- do -

 

(12)Glass factories

(a)Work in attending to furnace.

- do -

- do -

  

(b)All work and processes from mixing of batch to removal of the manufactured glassware from the lears.

Section 52

- do -

 

(13)Paper factories

  • All work on paper-making machinery and on the generation and supply of power connected therewith.

Section 54 and 55

- do -

  

(b)Work on choppers, digesters, kneaders,

strainers and washers, beaters, paper-making machines, pumping plant reelers, cutters and power plant.

Sections 52,54 and 55

- do -

 

(14)Rubber tyre

All work on curing process.

Sections 55

- do -

 

(15)Iron and steel

All work on steel furnaces

Sections 51,52,54 55 and 56

- do -

 

(16) All factories

Work on automatic equipment engaged in galvanizing, anodising and ename>

Sections 51,52,54,55,56 and 58.

  • The limits of work inclusive of overtime shall not exceed those mentioned in sub-section (4) of section 64.
  • The exemption shall be granted only in respect of adult male workers.

64 (2)

(i)Newspaper printing factories

Teleprinter service

Sections 51, 54 and 56

- do -

64(2))j)

All factories

Loading and unloading of railway wagons, Lorries or trucks

Sections 51, 52, 54, 55 and 56

- do -

64(2)(k)

Any factory or> be notified by the State Government in the Official Gazette.

Work of national importance as may be notified by the State Government in the Official Gazette.

Sections 51, 52,54,55,56 and 58

  • The limit of work inclusive of overtime shall not exceed those mentioned in sub-section(4) of section 64
  • The exemption shall be limited to adult male Workers.

Explanations

  • The following shall be considered to be urgent repairs
    • repairs to any part of the machinery, plant or structure of a factory which are of such a nature that delay in their execution would involve danger to human life or safety or the stoppage of manufacturing process;
    • breakdown repairs to the motive power, transmission or other essential plant of other factories, collieries, railways, dockyards, harbours, tramways, motor transport, gas, electrical generating and transmission, pumping or similar essential or public utility services carried out in general engineering works and foundries and which are necessary to enable such concerns to maintain their main manufacturing processes, production or services during normal working hours
    • repairs to deep-sea ships, and repairs to commercial air-craft done in a factory which are essential to enable such ships or air-craft to leave port at proper time or continue their normal operations in a sea-worthy or air-worthy condition, as the case may be; and
    • (d)repairs in connection with a charge of motive power, for example, from steam to electricity or vice versa, when such work cannot possibly be done without stoppage of the normal manufacturing process.
  • Periodical cleaning is not included in the terms “examining’ or “repairing”.
Chapter VII Employment of Young Persons
Employment of Young Persons

Notice prescribed under sub-section (3) of section 72.

110. Notice of periods of work for children

The notice of periods of work for child workers shall be in Form 18.

Register prescribed under sub-section (2) of section 73.

111. Register of child workers

The register of child workers shall be in Form 19.

Chapter VIII Leave and Wages
Leave and Wages

Chapter - VIII

LEAVE WITH WAGES

Rules 112 to 119 prescribed under sections 83 and 112.

112. Register of leave with wages

The manager shall keep a register in Form 20 hereinafter called the register of leave with wages:

Provided that if the Chief Inspector is of the opinion that any and muster roll or register maintained as part of the routine of the factory, or return made by the manager, gives, in respect of any or all of the workers in the factory, the particulars required for the enforcement of Chapter VIII of the Act, he may, by order, in writing, direct that such muster roll or register shall, to the corresponding extent, be maintained in place of and be traced as the register or return required under this rule in respect of that factory.

(2)The register of leave with wages shall be preserved for a period of three years after the last entry in it and shall be produced before the Inspector on demand.

113. Leave book

  • The manager shall provide each worker who has become entitled to leave during a calendar year, with a book in Form 21 (hereinafter called leave book) not later than 31st January of the following calendar year. The leave book shall be the property of the worker and the manager or his agent shall not demand it except to make entries of the dates of holidays or interruptions in service, and shall not keep it for more than a week at a time :

    Provided that in the case of a worker who is discharged or dismissed from service during the course of the year, that is, who is covered under sub-section (3) of section 79 of the Act, the manager shall issue an abstract from the register of leave with wages (Form 20) within a week from the date of discharge or dismissal as the case may be.

  • If a worker loses his leave book, the manager shall provide him with another copy on the payment of paise ................ and shall complete it from his record.

114. Medical certificate

If any worker is absent from work and it appears that his absence is due to illness, he shall, if so required by his manager by a notice in writing, submit a medical certificate signed by a registered medical practitioner or by a registered or recognised vaid or hakim stating the cause of the absence and the period for which the worker is, in the opinion of such medical practitioner, vaid or hakim, unable to attend to his work.

115. Notice to Inspector of involuntary unemployment

The manager shall give, as soon as possible, a notice to the Inspector of every case of involuntary unemployment of workers, giving numbers of unemployed and the reason for their unemployment. Entries to this effect shall be made in the register of leave with wages and the leave book in respect of each worker concerned.

116. Notice by worker

Before or on the completion of a period of twelve months continuous service in the factory, as defined in section 79, a worker may give notice to the manager of his intention not to avail himself of holidays falling due in the following period of twelve months. The manager shall make an entry to that effect in the register of leave with wages and in the leave book of the worker concerned.

117. Notice of leave with wages

  • Except in regard to a worker who has given notice of his intention not to avail himself of holidays in the year in which these fall due, the manager shall, by a notice displayed at the place at which the notice of the periods of work required by section 61 is displayed, fix the dates on which leave with wages shall be allowed to each worker or group of workers including any worker who has accumulated his leave. This date shall not, in an individual case, be earlier than four weeks from the date of notice unless the worker agrees to take the leave earlier. The necessary entries shall be made in the register of leave with wages and the leave book of the worker concerned.
  • As far as circumstances permit, members of the same family comprising husband, wife and children shall be allowed leave on the same date.
  • The manager may alter the dates fixed for leave only after giving a notice of four weeks to the worker.
  • A worker may exchange the period of his leave with another worker, subject to the approval of the manager.

118. Payment of wages if the worker dies

If a worker dies before he resumes work, the balance of his pay due for the period of holidays shall be paid to his nominee within one week of the intimation of the death of the worker. For this purpose each worker shall submit a nomination in Form 22 duly signed by himself and attested by two witnesses. The nomination shall remain in force until it is cancelled or revised by another nomination.

119. Register to be maintained in case of exemption under section 84

  • Where an exemption is granted under section 84, the manager shall maintain a register showing the position of each worker as regards leave due, leave taken and wages granted.
  • He shall display at the main entrance of the factory a notice giving full details of the system established in the factory for leave with wages and shall send a copy of it to the Inspector.
  • No alteration shall be made in the scheme approved by the State Government at the time of granting exemption under section 84 without its previous sanction.
Chapter IX Special Provisions
Special Provisions

Rule prescribed under section 87

120. Dangerous manufacturing processes or operations

  • The following manufacturing processes or operations when carried on in any factory are declared to be dangerous manufacturing processes or operations under section 87: -
    • Manufacture of aerated water and processes incidental thereto.
    • 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.
    • Manufacture and repair of electric accumulators.
    • Glass Manufacture.
    • Grinding or glazing of metals.
    • Manufacture and treatment of lead and certain compounds of lead.
    • Generating petrol gas from petrol.
    • 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.
    • Liming and tanning of raw hides and skins and processes incidental thereto.
    • Certain lead processes carried on in printing presses and type foundries.
    • Manufacture of pottery.
    • Chemical works.
    • Manipulation of stone or any other material containing free silica.
    • 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.
    • Handling or manipulation of corrosive substances.
    • Processing of cashewnut.
    • Compression of oxygen and hydrogen produced by the electrolysis of water.
    • Process of extracting oils and fats from vegetable and animal sources in solvent extraction plants.
    • Manufacture or manipulation of manganese and its compounds.
    • Manufacture or manipulation of dangerous pesticides.
    • Manufacture, handling and usage of benzene and substances containing benzene.
    • Manufacturing process or operations in carbon disulphide plants.
    • Manufacture or manipulation of carcinogenic dye intermediates
    • Operations involving high noise levels.
    • Manufacture of Rayon by Viscose Process.
    • Highly flammable liquids and flammable compressed gases.
    • Foundry operations.
  • ’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.
  • The provisions specified in the schedule given in Part II shall apply to any>
    • 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.
    • 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.
    • The fees to be paid for medical examinations shall be paid into the local treasury under the head of account ...................
  • 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.
  • 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

  • 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 :
    • The District Magistrate or Sub-divisional Officer;
    • the officer in charge of the nearest police stations; and
    • the relatives of the injured or deceased person.
  • 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.
  • 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

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

Chapter X Supplemental
Supplemental

Chapter - X

SUPPLEMENTAL

Rule prescribed under sub-section (1) of section 107

123. Procedure in appeals

(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

124. Display of notices

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

125. Returns

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

126. Service of notices

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+ Cnshould 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

--------------------------------------------------------------------------------------------

129. Muster roll

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

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.

Forms
Forms

FORMS

FORM - 1

Prescribed under Rule 4(2)

APPLICATION FOR PERMISSION TO CONSTRUCT, EXTEND OR TAKE INTO USE ANY BUILDING AS A FACTORY

1. Applicant’s name address :

2. Full name of factory :

3. Situation of factory :

(a) Province :

(b) District :

(c) Town or village :

(d) Nearest Police Station :

(e) Nearest railway station or steamer ghat :

4. Particulars of plant to be installed :

Signature of applicant :

Date :

Note : This application shall be accompanied by the following documents :-

(a) a flow chart of the manufacturing process supplemented by a brief description of the process in its various stages;

(b) plans, in duplicate, drawn to scale showing –

(i) the site of the factory and immediate surroundings including adjacent buildings and other structures, roads, drains, etc.; and

(ii) the plan, elevation and necessary cross-sections of the various buildings indicating all relevant details relating to natural lighting, ventilation and means of escape in case of fire. The plans shall also clearly indicate the position of the plant and machinery, aisles and passage-ways; and

(c) such other particulars as the Chief Inspector may require.

FORM - 2

Prescribed under Rules 6, 8(2) and 15

APPLICATION FOR REGISTRATION AND GRANT OF RENEWAL OF LICENCE FOR THE YEAR ........ AND NOTICE OF OCCUPATION SPECIFIED IN SECTIONS 6 AND 7

(To be submitted in triplicate)

1. (a) Full name :

(b) Factory licence number

if already registered before :

2.(a) Full postal address and

situation of the factory :

(b) Full postal address to which

communications relating to factory

should be sent :

3. Nature of manufacturing

process or processes –

(a) carried on in the factory in the last

twelve months (in the case of factories

already in existence); and :

(b) to be carried on in the factory during

the next twelve months (in the case of

all the factories) :

4. Names and values of principal Name Value

products manufactured during 1. ................. ....... ………………….

the last twelve months (in the 2. ................. ....... ……………….

case of factories already in 3. ................. ....... ………………….

existence)

:

5. (a) Maximum number of workers

proposed to be employed in any one

day during the year :

(b) Maximum number of workers employed

on any one day during the last twelve

months (in the case of factories

already in existence) :

(c) Number of workers to be ordinarily

employed in the factory :

6. (a) Nature and total amount of power

(kilowatts) –

(i) installed; or :

(ii) proposed to be installed :

(b) Maximum amount of power (kilowatts)

proposed to be used :

7. Full name

person who shall be the manager of the

factory for the purposes of the Act :

8. Full name

occupier, that is : -

(a) the proprietor of the factory in case of a

private firm or proprietary concern :

(b) the directors in case of a public 1. .....................

limited liability company or firm 2. .....................

3. .....................

4. .....................

5. .....................

(c) (i) the managing agent in case where a

managing agent is employed :

(ii) the directors of the above 1. .....................

managing agent 2. .....................

3. .....................

4. .....................

(d) the shareholders in case of a private 1. .....................

company where no managing agent 2. .....................

is employed, or 3. .....................

4. .....................

(e) the chief administrative head in case of

a Government or local fund factory :

9. Full name owner of

the premises or building (including the

precincts thereof) referred to in

section 93 :

10. In the case of a factory constructed or

extended after the date of

commencement of the rules –

(a) reference number and date of approval

of the plans for site whether for old

or new building and for construction

or extension of factory by the State

Government/ Chief Inspector; and :

(b) reference number and date of

approval of the arrangements, if any,

made for the disposal of trade waste

and effluents and the name

authority granting such approval :

11. (a) Amount of fee paid : Rs. .............

(b) In case of payment in Treasury -

(i) name :

(ii) date of payment; and :

(iii) challan number(challan to be enclosed) :

(c) In case of transmission by crossed

cheque -

(i) name bank :

(ii) crossed cheque number; an :

(iii) date of cheque :

(Crossed cheque drawn in favour

of the Chief Inspector of Factories

to be enclosed)

(d) In case of transmission by crossed

postal order -

(i) name :

(ii) crossed postal order number; and :

(iii) date of postal order :

(Crossed postal order drawn in favour

of the Chief Inspector of Factories to

be enclosed)

Signature of occupier :

Date :

Signature of manager :

Date :

Notes :

1. This form should be completed in ink in block letters or typed.

2. If power is not used at the time of filling up this form, but is introduced later, the fact should be communicated to the Chief Inspector of Factories immediately.

3. If any of the persons name

4. In the case of a factory where under the proviso to sub-sections (1) and (2) of section 100, a person has been nominated as the occupier, information required in item 8 should be supplied only in respect of that person.

5. In the case of a factory where a managing agent or agents have been appointed as occupiers under the Indian Companies Act, 1956, information required in item 8 should be supplied only in respect of that person or persons.

FORM - 3

Prescribed under Rule 7(1)

LICENCE TO WORK A FACTORY

Licence No. ------------------ Reg.No. -------------- Date of Reg. -----------------

Licence is hereby granted to -------------------------------------------------------------------------

for the premises known as -------------------------------------------------------------------------

situated at -------------------------------------------------------------------------

for use as a factory within the limits stated hereinafter, subject to provisions of the Factories Act, 1948, and the rules made thereunder.

The ------------------- 19.. Issuing Authority

Calendar

Year

Valid For Fee Date of

Payment

Excess

fee for

late

payment

Date of

payment

Signature

of the

Issuing

Authority

Maximum

number of workers on any one day

Maximum

Installed Power Capacity in Kilo watts

Granted

Under

Rule 7

       
Renewed

Under

Rule 8

       

TRANSFERS

To whom transferred Year of transfer Date of payment of

Transfer fee

Signature of the

Issuing Authority

    
    

AMENDMENTS

Year when

Amended

Amended Date of payment of amendment fee Additional

fee

Date of

Payment

Signature of

the Issuing

Authority

Workers Installed

Power Capacity in Kilowatts

      
      
      

FORM - 4

Prescribed under Rule 16

NOTICE OF CHANGE OF MANAGER

1. (a) Name of the factory :

(b) Current licence number of the factory :

2. Postal address of the factory :

3. Name of outgoing manager :

4. (a) Name of new manager :

(b) Residential address :

(c) Telephone number :

5. Date of appointment of new manager :

6. Signature of new manager :

Signature of occupier :

Date :

FORM - 5

Prescribed under Rule 19(2)

CERTIFICATE OF FITNESS

1. (a) Serial Number : Serial Number :

(b) Date : Date :

 

2. Name of person : I certify that I have

examined personality examined (name

3. Father’s Name : son/daughter of ........... ............................

4. Sex : ...........................

5. Residence : residing at ...........…………………………..

.............………………………………...........

6. Date of birth, if available : who is desirous of being employed in a factory, and

and/or certified age that his/her age, as nearly as can be ascertained from

or certified age my examination, is ........ years, and

 

7. Physical fitness : that he/she is fit for employment in factory as an adult/child

8. descriptive marks : His /her descriptive marks are ......................

9. Reason for

(a) refusal of certificate

or.....……………

(b) certificate being.... :

……………………

Signature or left hand : Signature or left hand thumb

Thumb impression of the impression of the person examined :

person examined

Initials of Certifying Surgeon : Signature of Certifying Surgeon :

Note :

In case of physical disability, the exact details of the cause of the physical disability should be clearly stated.

FORM - 6

Prescribed under sub -rule (4) of rule 77

RECORD OF EYE EXAMINATION

Sl.

No.

Department/

Works

Name of Worker Sex Age(on last birthday) Occupation Examination of eye sight Signature of opthal

mologist

Remarks   
Nature Date of employment Date Result        
1 2 3 4 5 6 7 8 9 10 11
           
           
           
           

FORM - 7

Prescribed under Rules 20, 51 and 88(8)(b)

RECORD OF LIMEWASHING, PAINTING, ETC.

Part of factory, e.g., name Parts limewashed, painted, varnished or oiled, eg. walls, ceilings, wood work, etc. Treatment, i.e., whether limewashed, painted, varnished or oiled Date on which limewashing, painting, varnishing or oiling was carried out Remarks
Date Month Year
1. 2. 3. 4. 5. 6. 7.
       

Signature of the manager :

Date :

FORM - 8

Prescribed under Rule 28

HUMIDITY REGISTER

Department : …………………..

Hygrometer : Distinctive mark or number : ………………………….

Position in department : ………………………….

Year : …………………………….. Month : ………………

Date Readings of hygrometer If no humidity insert ‘none’ Remarks Signature of the person taking the reading
Between 7 and 9 a.m. Between 11 a.m. and 2 p.m. (but not in the rest interval) Between 4 and 5.30 p.m.
  Dry bulb Wet

bulb

Dry bulb Wet

bulb

Dry bulb Wet

bulb

1st

2nd

3rd

4th

5th

6th

7th

8th

9th

10th

11th

12th

13th

14th

15th

16th

17th

18th

19th

20th

-

-

-

-

31st

      

Certified that the above entries are correct.

Signature and designation of the

person taking the readings :

FORM - 9

Prescribed under Rule 58

REGISTER OF WORKERS EMPLOYED FOR WORK ON OR NEAR MACHINERY IN MOTION

1. Name of worker :

2. Serial number as in the register of workers under section 62 :

3. Father’s name :

4. Date of birth and age :

5. Nature of work :

6. Qualifications, if any, or period of service on similar work :

7. Date when tight fitting clothing was provided :

8. Remarks :

I certify that the above mentioned worker whose signature or left hand thumb impression is given below is a properly trained male adult worker who is competent to mount or shift belts, lubricate or do other adjusting operations on the machinery installed in my factory while they are in motion.

Signature or left hand thumb

impression of worker :

Signature of Occupier :

Date :

FORM - 10

Prescribed under Rule 60 (1)

REPORT OF EXAMINATION OF HOISTS AND LIFTS

Occupier (or owner) of premises :

Address :

1. (a) Type of hoist or lift and identification :

number or description

(b) Date of construction or reconstruction :

(if ascertainable)

2. Are all parts of the hoist or lift of good :

mechanical construction, sound

material and adequate strength

(so far as ascertainable) ?

3. Are the following parts of the hoists :

or lift properly maintained and in

good working order ? If not, state

what defects have been found

(a) Enclosure of hoistway or liftway :

(b) Landing gates and cage gate (s) :

(c) Interlocks and the landing gates

and cage gate(s) :

(d) Other gate fastenings :

(e) Cage and platform and fittings,

guides, buffers, interior of the

hoistway or liftway :

(f) Overrunning devices :

(g) Suspension ropes or chain and

their attachments :

(h) Safety gear i.e., arrangements for

preventing fall of platform or

cage brakes :

(i) Brakes :

(j) Worm or spur gearing :

(k) Other electrical equipment :

(l) Other parts :

4. What parts (if any) were inaccessible ? :

5. Repairs, renewals or alterations,

(if any) required and the period

within which they should be executed :

6. Maximum safe working load subject to

repairs, renewals or alterations

(if any) specified in item 5 :

7. Other particulars :

I/We certify that on (date)...............……I/We thoroughly examined this hoist or lift and that the above is a correct report of the result.

Signature :

Qualification :

Address :

Date :

If employed by a company association,

name

or association :

FORM - 11

Prescribed under Rule 62(9)(b)

REPORT OF EXAMINATION OR TEST OF PRESSURE VESSELS OR PLANT

1. Name of occupier (or factory) :

2. Situation and address of factory :

3. Name, description and distinctive number of

pressure vessel or plant :

4. Name and address of manufacturer and reference

to their test certificate or certificate of competent

person :

5. Nature of process in which pressure vessel or

plant is used :

6. Particulars of pressure vessel or plant : -

(a) Date of construction :

(b) Thickness of walls :

(c) Date on which the pressure vessel or plant was

first taken into use :

(d) Maximum permissible working pressure

recommended by the manufacturer :

(e) Design pressure, if known :

(f) Brief history of pressure vessel or plant was

taken into use :

7. Date of last hydrostatic test (if any) and pressure

applied :

8 . Is the pressure vessel or plant in open, or

otherwise exposed to weather or to damp? :

9. What parts (if any) were inaccessible :

10. What examination and test were made ?

(Specify pressure if hydrostatic test carried out ) :

11. Condition of pressure vessel or plant }

(State any defects materially affecting } External :

the maximum permissible working }

pressure or the safe working of the } Internal :

pressure vessel or plant. }

12. Are the required fittings and appliances provided

in accordance with the rules :

13. (a) Are all fittings and appliances properly maintained :

and in good condition?

(b) Have the pressure settings been checked and :

corrected ?

14. (a) Repairs (if any) required :

(b) Period within which the repairs should be executed :

(c) Any other condition which the person making the :

examination thinks it necessary for securing for

working :

15. Maximum permissible working pressure, calculated :

from dimensions and from the thickness and other

data by the present examination, due allowance

being made for conditions of working if unusual or

exceptionally severe. (State minimum thickness of

walls measured during the examination)

16. Where repairs affecting the maximum pressure

are required, state the working pressure –

(a) before the expiration of the period specified in :

item 14.

(b) after the expiration of such period if the required :

repairs have not been completed

(c) after the completion of the required repairs :

17. Other observations :

I certify that on (date)......................the pressure vessel or plant described above was thoroughly cleaned and (so far as its construction permits) made accessible for thorough examination and for such tests as were necessary for thorough examination and that on the said date, I thoroughly examined this pressure vessel or plant, including its fittings, and that the above is a true report of my examination.

Signature :

Qualification :

Address :

Date :

If employed by a company or

association, name

of the company or association :

FORM - 12

Prescribed under Rule 63 (8)(b)

REGISTER OF EXAMINATION OF GASHOLDERS

Distinguishing Number or Letters of Gas holder Particulars of manufacture Particulars of examination carried out Under sub-rules 63(4) And (5) Particulars of repair
Maker’s

Name

Date of

manufacture

No. of lifts Max. capacity in cubic metres Pressure thrown

by gas-holder

when full of gas

Method of examination used Date of examination Name & desg. Of the person making this exam. Nature of repairs Date of repairs and painting By when repairs are carried out Remarks
1 2 3 4 5 6 7 8 9 10 11 12 13

Signature of Occupier or manager :

******************************************************************************************************

FORM - 13

Prescribed under Rule 63 (8)(c)

REPORT OF EXAMINATION OF WATER-SEALED GASHOLDER

 

1. Name of occupier (or factory) :

2. Situation and address of factory :

3. Name, description, distinguishing

number or letter and type of gasholder :

4. Name and address of the manufacturer :

5. (a) Number of lifts :

(b) Maximum capacity in cubic meters :

(c) Pressure thrown by holder when full of gas :

full of gas

6. Particulars of gas to be stored in the holder :

7. Particulars as to the condition of : -

(a) crown :

(b) side sheeting, including grips and cups :

(c) guiding mechanism (Roller carriages, :

rollers, pins, guide rails or ropes ) :

(d) tank; and :

(e) other structure, if any

(columns, framing and bracing) :

8. Particulars as to the position of the

lifts at the time of examination :

9. Particulars as to whether the tank and lifts :

were found sufficient in level for safe working

and if not, as to the steps taken to remedy the

defect.

10. Date of examination and by when it was :

carried out

11. Condition of vessel : -

(a) External :

(b) Internal :

12. (a) Are all fittings and appliances properly :

Maintained and in good conditions?

(b) Repairs, if any, required and period within :

which they should be executed

(c) Any other condition which the person :

making the examination thinks it necessary

for securing safe working :

13. Other observations :

I certify that on (date)..................... the gasholder described above was thoroughly examined and such of the tests as were necessary made on the same day and that the above is a true report of any examination.

Signature :

Qualification :

Address :

Date :

If employed by a company or

association, name :

FORM - 14

Prescribed under Rule 102(4)(a)

REGISTER OF COMPENSATORY HOLIDAYS
Sl.No.Number in the register of workersNameGroup or relay numbersNumbers and date of exempting orderYearWeekly rest days last due to the exempting order inDate of compensatory holidays given inLast year days carried to the next yearRemarks
January to MarchApril to JuneJuly to SeptemberOctober to DecemberJanuary to MarchApril to JuneJuly to SeptemberOctober to December
1.2.3.4.5.6.7.8.9.10.11.12.13.14.15.16.
                

FORM - 15

Prescribed under Rule 103

OVERTIME MUSTER ROLL FOR EXEMPTED WORKERS

Month ending ………… 19……

Number in the

Register of adult

Workers

Name of exempted

worker

DepartmentDates on which

overtime has been

worked

Extent of overtime

on each occasion

Total overtime hours worked

or production in case of

piece workers

Normal hoursNormal rate of pay for piece work or rate of pay per hourOvertime rate

of pay

Normal earningsOvertime earningsTotal earningsDate on which

Overtime payment

made

12345678910111213
             

FORM - 16

Prescribed under Rule 104

NOTICE OF PERIODS OF WORK FOR ADULT WORKERS

Name of the factory………………………Place………………………District………………

Periods of work

Groups

Delays

MenWomenDescription of Groups

Group Nature

Letter of work

Remarks
Total no. of men employedTotal no. of women employed
ABCDEFGH
123123123123123123123123
                        

On working days

From ..

To ..

From ..

To ..

From ..

To ..

On partial

Working days

From ..

To ..

From ..

To ..

 

Date on which this notice is first exhibited : Signature of manager :

Date :

FORM - 17

Prescribed under Rule 105

REGISTER OF ADULT WORKERS

Sl.th

No.

NameResidentialth

Address

Father’sth

Name

Natureth

Ofth

Work

Letterth

of groupth

as inth

Form 16

Numberth

of relayth

if workingth

in shifts

Number and date of certificate if an adolescentRemarks
Number of certificateth

And date

Token number givingth

Reference to theth

certificate

12345678910
          

FORM - 18

Prescribed under Rule 110

NOTICE OF PERIODS OF WORK FOR CHILD WORKERS

Name of factory ……………………… Place …………………. District……………...

 ChildrenDescription of groupRemarks
Period of workTotal number of children employedGroup letterNature of work 
GroupsABC
Relays121212
A

B

From C

To

       

Date on which this notice is first exhibited :

Signature of manager :

Date :

******************************************************************************************************

FORM - 19

Prescribed under Rule 111

REGISTER OF CHILD WORKERS

Sl.

No.

NameResidential

Address

Father’s nameDate of

First

Employment

Number of

certificate

and its

date

Token number

giving

reference to

certificate

Letter of

Group as in

Form 18

Number of

relay, if working

in shifts

Remarks
12345678910
          

******************************************************************************************************

FORM - 20

Prescribed under Rule 112

REGISTER OF LEAVE WITH WAGES

Part I - Adults

Part II - Children

Factory : Name of worker :

Department : Father’s Name :

Sl.

No.

Sl.no. in the register

of adult/

child workers

Date

of

entry

into

service

InterruptionsLeave

due

with

effect

from

Whether leave not

desired during the next 12 months

Date from

which the

worker is

allowed

leave

Wages for

Leave Paid in

Discharged

worker

Rem-

arks

Sickness and accidentsAuthorized

Leave

Lock Out or Legal

Strike

Involuntary

unemployment

OthersDate of

Discharge

Date & amount

of payment made in lieu of leave due

123456789101112131415
               

Note:- Separate page shall be allotted to each worker

******************************************************************************************************

FORM - 21

Prescribed under Rule 113(1)

LEAVE BOOK

Factory : Name of worker :

Department : Father’s name :

Sl.

No.

Sl.no. in

the register

of adult/

child workers

Date

of

entry

into

service

InterruptionsLeave

due

with

effect

from

Whether

Leave not desired

during

the next

12 months

Date from

Which the worker is

allowed

leave

Wages

for

Leave

Paid in

Discharged workerRem-

arks

SicknessAuthorised

Leave

Lock

out or

legal

strike

Involuntary unem

Ployment

OthersDate

of di scharge

Date & amount

of payment

made in lieu of

leave due

123456789101112131415
               

Note: The leave book shall be made out separately for each worker on thick bound sheets.

FORM - 22

Prescribed under Rule 118

NOMINATION FOR PAYMENT OF PAY DUE FOR PERIOD OF HOLIDAYS IN THE EVENT OF DEATH OF WORKER

I hereby require that in the event of my death before resuming work, the balance of my pay due for the period of holidays shall be paid to ………………………………….

who is my .........................….........and resides at ........................................................

Witnesses : Attested.

Signature :

Signature or left hand thumb

impression of worker :

Name :

Designation :

Address :

Particulars of worker such

as serial number in the

Signature : register of adult/child workers,

section or department, etc. :

Name :

Designation :

Address : Date :

*******************************************************************************************************
FORM - 23

Prescribed under paragraph various Schedules to Rule 120

CERTIFICATE OF FITNESS

Serial number :

I certify that I have personally examined (name at (address).................………………… who is desirous of being employed as (designation) ..................…………………………. in (process, department and factory) ..........……… …………………….............................................and that his age, as nearly as an be ascertained from my examination, is..............……………..years, and that he is, in my opinion, fit/ unfit for employment in the above mentioned factory as mentioned above.

2. He may be produced for further examination after a period of ..........................................

3. The serial number of the previous certificate is....................

Signature or left hand thumb impression

of person examined :

Signature of Certifying Surgeon :

Date :

I certify that I examined the person mentioned above onI extend this certificate until (if certificate is not extended, the period for which the worker is considered unfit for work is to be mentioned)Signs and symptoms

Observed during

Examination

Signature of the certifying surgeon
    

FORM - 24

Prescribed under various Schedules to Rule 120

HEALTH REGISTER

Sl. No.Department / WorksName of workerSexAge (at last Birthday)Date of employment on present workDate of leaving or transfer to other work with reasons for discharge or transferNature of job or occupationRaw materials,

products or by- products likely to be exposed to

Dates of med ical examinati on and the res ults thereofSigns and symptoms observed during examinationNature of tests and results thereofIf declared unfit for work, state period of suspension with reasons in detailsWhether certificate of unfitness issued to the workersRe-certified fit to resume duty onSignature of the Certifying surgeon with date
DatesResult Fit or

Unfit

1234567891011121314151617
                

********************************************************************************

FORM - 25

Prescribed under Rule 121(3)

REPORT OF ACCIDENT OR DANGEROUS OCCURRENCE RESULTING IN DEATH OR BODILY INJURY

E.S.I.C. Employer’s Code number : E.S.I.C. Insurance

Number of the injured person :

1. Name of occupier ( or factory)/employer :

2. Address of works / premises where the :

accident or dangerous occurrence

took place :

3. Nature of industry :

4. Branch or department and exact place

where the accident or dangerous

occurrence took place :

5. Name and address of the injured person :

6. (a) Sex :

(b) Age (at the last birthday) :

(c) Occupation of the injured person :

7. Local E.S.I.C. Office to which the

injured person is attached :

8. Date, shift and hour of accident or

dangerous occurrence :

9. (a) Hour at which the injured person

started work on the day of accident

or dangerous occurrence :

(b) whether wages in full or part are

payable to him for the day of the

accident or dangerous occurrence :

10. (a) Cause or nature of accident or

dangerous occurrence :

(b) If caused by machinery : -

(i) Give the name

the part causing the accident

or dangerous occurrence :

(ii) state whether it was moved

by mechanical power at the time of

accident or dangerous occurrence :

(c) State exactly what the injured person

was doing at the time of accident

or dangerous occurrence :

(d) In your opinion, was the injured

person at the time of accident or

dangerous occurrence : -

(i) acting in contravention of provisions :

of any law applicable to him; or

(ii) acting in contravention of any orders

given by or on behalf of his

employer, or :

(iii) acting without instructions

from his employer? :

(e) In case reply to (d) (i), (ii) or (iii)

is in the affirmative , state whether

the act was done for the purpose

of and in connection with the

employer’s trade or business :

11. In case the accident or dangerous

occurrence took place while

travelling in the employer’s

transport, state whether -

(a) the injured person was

travelling as a passenger

to or from his place of works :

(b) the injured person was travelling

with the express or implied

permission of his employer :

(c) the transport is being operated

by or on behalf of the employer or

some other person by whom it is

provided in pursuance of

arrangements made with the

employer; and :

(d) the vehicle is being/not being

operated in the ordinary course

of public transport service :

12. In case the accident or dangerous

occurrence took place while meeting

emergency, state :-

(a) its nature ; and :

(b) whether the injured person at the

time of accident or dangerous

occurrence was employed for the

occurrence was trade or business

in or about the premises at which

the accident or dangerous

occurrence took place. :

13. Describe briefly how the accident or

dangerous occurrence took place :

14. Names and addresses of

witnesses (1) :

(2) :

15. (a) Nature and extent of injury

(e.g. fatal, loss of finger,

fracture of leg, scald, scratch

followed by sepsis, etc.) :

(b) Location of injury (e.g. right leg,

left hand, left eye, etc.) :

16. (a) If the accident or dangerous

occurrence was not fatal, state

whether the injured person was

disabled for more than 48 hours :

(b) date and hour of return of work :

17. (a) Physician, dispensary or hospital

from whom or which the injured

person received or is receiving

treatment :

(b) Name of dispensary/panel doctor

elected by the injured person :

18. (a) Has the injured person died ? :

(b) If so, date of death :

I certify that to the best of my knowledge and belief the above particulars are correct in every respect.

Signature of manager/employer :

Name, designation and address

of manager/employer :

Date of dispatch of report :

(This space is to be completed by the Inspector of Factories)

District ………………………….. Date of receipt :

Number of the accident or dangerous occurrence: Causation :

Other particulars (e.g. fatal, leg injury, arm injury, etc.) :

Date of investigation :

Result of investigation :

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FORM - 26

Prescribed under Rule 121(3)

REPORT OF DANGEROUS OCCURRENCE WHICH DOES NOT RESULT IN DEATH ORBODILY INJURY

1. Name and address of factory :

2. Name of occupier :

3. Name of manager :

4. Nature of industry :

5. Branch or department and exact

place where the dangerous occurrence

took place :

6. Date and hour of dangerous occurrence :

7. Nature of dangerous occurrence

(State exactly what happened :

I certify that to the best of my knowledge and belief the above particulars are correct in every respect.

Signature of manager :

Name, designation and

address of manager :

Date of despatch of

report :

(To be completed by the Inspector of Factories)

District : Date of receipt :

Number of the Causation :

dangerous occurrence :

Date of investigation :

Result of investigation :

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FORM - 27

Prescribed under Rule 122.

NOTICE OF POISONING OR DISEASE

(See instruction on reverse)

1. Name of factory :

2. Address of factory :

3. Address of office of occupier :

4. Residential address :

5. Nature of industry :

6. (a) Name of patient :

(b) Works number of patient :

(c) Address of patient :

7. Precise occupation of patient :

8. Nature of poisoning or disease

from which patient is suffering :

9. Has the case been reported to

the Certifying Surgeon :

Signature of manager :

Date :

(To be filled in by the Chief Inspector)

Number of the case :

Remarks :

Notice of poisoning or disease
Extract from the Factories Act, 1948 (Section 89)

Where any worker in a factory contracts any disease specified in the schedule, the manager of the factory shall send a notice thereof to such authorities, and in such form and within such time, as may be prescribed.

SCHEDULE

LIST OF NOTIFIABLE DISEASES

1. Lead Poisoning, including poisoning by any preparation of lead or their sequelae.

2. Lead tetra-ethyl poisoning.

3. Phosphorous poisoning or its sequelae.

4. Mercury poisoning or its sequelae.

5. Manganese poisoning or its sequelae.

6. Arsenic poisoning or its sequelae.

7. Poisoning by nitrous fumes.

8. Carbon disulphide poisoning.

9. Benzene poisoning, including poisoning by any of its homologues, their nitro or amide derivatives or its sequelae.

10. Chrome ulceration or its sequelae.

11. Anthrax.

12. Silicosis.

13. Poisoning by halogen derivatives of the hydrocarbons of the aliphatic series.

14. Pathological manifestations due to : –

(a) radium or other radio-active substances; and

(b) x-rays.

15. Primary epitheliomatous cancer of skin.

16. Toxic anaemia.

17. Toxic jaundice due to poisonous substances.

18. Oil acne or dermatitis due to mineral oils and compounds containing mineral oil base.

19. Byssinosis.

20. Asbestosis.

21. Occupational or contact dermatitis caused by direct contact with chemicals and paints. These are of two types that is, primary irritants and allergic sensitizers.

22. Noise induced hearing loss (exposure to high noise levels).

Extract from the ...................…………….Factories Rules, 19....(Rule...)

A notice in Form 27 should be sent forthwith both to the Chief Inspector and to the Certifying Surgeon, by the manager of a factory in which there occurs a case of lead, phosphorous, mercury, manganese, arsenic, carbon bisulphide or benzene poisoning by nitrous fumes or by halogens or halogen derivatives of the hydrocarbons of aliphatic series; or of chrome ulceration, anthrax, silicosis, toxic anaemia, toxic jaundice, primary epitheliometous cancer of skin, or of pathological manifestations due to radium or other radio-active substances or x-rays.

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FORM - 28

Prescribed under Rule 124

ABSTRACT OF THE FACTORIES ACT, 1948 AND THE .........................

FACTORIES RULES,....................

(To be affixed in a conspicuous and convenient place at or near the main entrance to the factory )

Interpretation

1. “Factory” means any premises including the precincts thereof -

(i) wherein ten or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on with the aid of power, or is ordinarily so carried on, or whereon twenty or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on without the aid of power, or is ordinarily so carried on but does not include a mine subject to the operation of the Mines Act, 1952 (35 of 1952), or a mobile unit belonging to the armed forces of the Union, a railway running shed or a hotel, restaurant or eating place.

Explanation :- For computing the number of workers for the purposes of this clause all the workers in different relays in a day shall be taken into account.

2 .“Worker” means a person employed, directly or through any agency (including a contractor) with or without the knowledge of the principal employer, whether for remuneration or not, in any manufacturing process, or in any other kind of work incidental to, or connected with, the manufacturing process, or the subject of the manufacturing process; but does not include any member of the armed forces of the Union.

3. “Manufacturing process” means any process for -

(i) making, altering, repairing, orname finishing, packing, oiling, washing, cleaning, breaking up, demolishing, or otherwise treating or adapting any article or substance with a view to its use, sale, transport, delivery or disposal, or

(ii) pumping oil, water, sewage or any other substances; or

(iii) generating, transforming or transmitting power; or

(iv) composing types of printing, printing by letter press, lithography, photogravure or other similar process or book binding; or

(v) constructing, reconstructing, repairing, refitting, finishing or breaking up ships or vessels ; or

(vi) preserving or storing any article in cold storage.

Working hours, holidays, intervals after rest, etc.

4. Hours of work for adults (Sections 51 and 54).- No adult worker shall be required or allowed to work in a factory for more than 48 hours in any week and for more than 9 hours in any day.

5. Relaxation of hours of work for adult (Section 64) .- The ordinary limits on working hours of adults may be relaxed in certain special cases, e.g., workers engaged on urgent repairs; in work in the nature or preparatory or complementary work which must necessarily be carried on outside the limits laid down for the general working of the factory; in work which is necessarily so intermittent that the intervals for rest; in any work which for technical reasons must be carried on continuously; in making or supplying articles of prime necessity which must be made or supplied every day; in a manufacturing process which cannot be carried on except during fixed seasons, or at times dependent on the irregular action of natural forces; in engine rooms or boiler houses or in attending to power plant or transmission machinery; in the printing of news papers, who are held up on account of the breakdown of machinery; in the loading or unloading of railway wagons or lorries or trucks; and in any work which is notified by the State Government in the Official gazette as a work of national importance.

Except in the case of urgent repairs, the relaxation shall not exceed the following limits of work inclusive of overtime :-

(i) the total number of hours of work in any day shall not exceed ten;

(ii) the spread over inclusive of intervals for rest, shall not exceed 12 hours in any one day;

(iii) the total number of hours of work in a work, including overtime, shall not exceed sixty;

(iv) the total number of hours of overtime work shall not exceed fifty for any one quarter.

6. Payment for overtime (Section 59).- Where a worker works in a factory for more than 9 hours in any day or for more than 48 hours in any week, he shall, in respect of overtime work, entitled to wages at the rate of twice his ordinary rate of wages.

7. Exemption of supervisory staff (Section 64).- Chapter VI, other than the provisions of clause (b) of sub-section (1) of section 66 and of the proviso to that sub-section, of the Act-Working hours of adults - does not apply to persons holding positions of supervision or management or are employed in a confidential position in a factory, provided that where the ordinary rate of wages of such person does not exceed rupees seven hundred and fifty per month, they are entitled to extra wages in respect of overtime work under Section 59.

Weekly holiday (Adults) (Section 52).- No adult worker shall be required or allowed to work in a factory on the first day of the week, unless -

(a) he has, or will have, a holiday for a whole day on one of the three days immediately before or after the said day, and

(b) the manager of the factory has, before the said day or the substituted day under clause (a) whichever is earlier, -

(i) delivered a notice at the office of the Inspector of his intention to require the worker to work on the said day and of the day which is to be substituted; and

(ii) displayed a notice to that effect in the factory:

Provided that no substitution shall be made which will result in any worker working for more than ten days consecutively without a holiday for a whole day.

Compensatory holidays (Section 53)- Where a worker in a factory, as a result of exemption from the ordinary provision relating to weekly holidays, is deprived of any of the weekly holidays, he shall be allowed, within the month in which the holidays were due to him or within the two months immediately following that month, compensatory holidays of equal number of the holidays so lost.

Intervals for rest for adults (Section 55 and 56).- The periods of work of adult workers in a factory each day shall be fixed that no period shall exceed 5 hours and that no worker shall work for more than 5 hours before he has had an interval for rest of at least half an hour and that inclusive of his intervals for rest shall not spread over more than ten and a half hours in any day or, with the permission of the Chief Inspector in writing, 12 hours.

Prohibition of double employment (Section 60,71 & 99).- No child or, except in certain circumstances, an adult worker, shall be required or allowed to work in any factory on any day on which he has already been working in any other factory.

If a child works in a factory on any day on which he has already been working in another factory, the parent or guardian of the child or the person having custody of or control over him or obtaining any direct benefit from his wages, shall be punishable with fine, which may extend to Rs. 50 unless it appears to the court that the child so worked without the consent or connivance of such parent, guardian or person.

Prohibition of employment of children under 14 (Section 67).- No child who has not completed his fourteenth year shall be required or allowed to work in any factory.

ours of work for children (Section 71).- No child shall be employed or permitted to work in any factory for more than four and a half hours in any day and during the period of at least twelve consecutive hours which shall include the interval between 10 P.M. and 6. A.M. The periods of work of all children employed in a factory shall be limited to two shifts which shall not overlap or spread over more than 5 hours each and each child shall be employed in only one of the relays.

The provision relating to weekly holidays shall also apply to child workers and no exemption form this provision may be granted in respect of any child.

Prohibition of employment of women (Section 66).- No women shall be required or allowed to work in any factory except between the hours of 6 A.M. and 7 P.M. The State Government may vary those limits or exempt this restriction in case of women working in fish-curing or fish-canning factories.

Leave with wages

Leave with wages (Section 79, 80 and 83 and Rules).- Every worker who has worked for a period of 240 days or more in a factory during a calendar year shall be allowed during the subsequent calendar year leave with wages for a number of days calculated at the rate of -

(i) if an adult, one day for every twenty days of work performed by him during the previous calendar year; and

(ii) if a child, one day for every 15 days of work performed by him during the previous calendar year.

Explanation. 1. For the purpose of this sub-section

(a) any days of lay off, by agreement or contract or as permissible under the standing orders;

(b) in the case of female worker, maternity leave for any number of days not exceeding twelve weeks; and

(c) the leave earned in the year prior to that in which the leave is enjoyed;

shall be deemed to be days on which the worker has worked in a factory for the purpose of computation of the period of 240 days or more, but he shall not earn leave for these days.

Explanation 2.- The leave admissible under this sub-section shall be exclusive of all holidays whether occurring during or at either end of the period of leave.

For the leave allowed to him, a worker shall be paid at a rate equal to the daily average of his total full-time earning, for the days on which he actually worked during the month immediately preceding the leave exclusive of any overtime and bonus, but inclusive of dearness allowance and the cash equivalent of the advantage accruing through the concessional sale to the worker of food grains and other articles.

A worker whose service commences otherwise than on the first day of January shall be entitled to leave with wages at the rate indicated above, if he has worked for two-thirds of the total number of days in the remainder of the calendar year.

If a worker is discharged or dismissed from service or quits his employment or is supperanuated or dies while in service, during the course of the calendar year, he or his heir or nominee as the case may be, shall be entitled to wages in lieu of the quantum of leave to which he was entitled immediately before his discharge, dismissal, quitting of employment, superannuation or death, calculated at the rates specified above, even if he had not worked for the entire period specified above. Such payment shall be made

(i) whether the worker is discharged or dismissed or quits employment, before the expiry of the second working day from the day of such discharge, dismissal or quitting; and

(ii) where the worker is superannuated or dies while in service, before the expiry of two months from the date of such superannuation or death.

If the employment of a worker who is entitled to leave with wages is terminated by the occupier before he has taken the entire leave to which he is entitled, or if having applied for and having not been granted such leave, the worker quits his employment before he has taken the leave, the occupier of the factory shall pay him the amount payable in respect of the leave not taken, and such payment shall be made before the expiry of the second working day after the day on which his employment is terminated and a worker who quits his employment, on or before the next pay day.

The manager shall maintain a register of leave with wages in the prescribed Form 20 and shall provide each worker with a book called the “Leave Book” in the prescribed Form 21. The leave book shall be the property of the worker and the manager or his agent shall not demand it except to make entries of the dates of holidays or interruptions in service, and shall not keep it for more than a week at a time. If a worker loses his leave book, the manager shall provide him with another copy on payment of paise ..............and shall complete it from his record.

Health

Cleanliness (Section 11).- Except in cases specially exempted, all inside walls and partitions, all ceilings or tops of rooms and all walls, sides and tops of passages and stair-cases in a factory shall be kept whitewashed or colour washed. The whitewashing or colour washing shall be carried out at least once in every period of fourteen months. The floor of every workroom shall be cleaned at least once in every week by washing, using disinfectant, where necessary, or by some other effective method.

Disposal of wastes and effluents (Section 12).- Effective arrangements shall be made in every factory for the treatment of wastes and effluents due to the manufacturing process carried on therein, so as to render them innocuous, and for their disposal.

Ventilation and temperature (Section 13).- Effective and suitable provision shall be made in every factory for securing and maintaining in every workroom adequate ventilation by the circulation of fresh air and such a temperature as will secure to workers therein reasonable conditions of comfort and prevent injury to health.

Overcrowding (Section 16).- Unless exemption has been granted, there shall be in every workroom of a factory in existence on the date of commencement of this Act at least 350 cubic feet and of a factory built after the commencement of this Act at least 500 cubic feet of space for every worker employed therein, and for this purpose no account shall be taken of any space which is more than 14 feet above the level of the floor of the room.

Lighting (Section 17).- In every part of a factory where workers are working or passing, there shall be provided and maintained sufficient and suitable lighting, natural artificial, or both.

Drinking water (Section 18 and Rules).- In every factory effective arrangements shall be made to provide and maintain at suitable points conveniently situated for all workers employed therein, a sufficient supply of wholesome drinking water.

In every factory wherein more than 250 workers are ordinarily employed the drinking water shall, during hot weather be cooled by ice or other effective methods. The cooled drinking water shall be supplied in every canteen, lunchroom and restroom and also at conveniently accessible points throughout the factory.

Latrines and urinals (Section 19 and Rules).- In every factory sufficient latrine and urinal accommodation of the prescribed types (separate enclosed accommodation for male and female workers) shall be provided conveniently situated and accessible to workers at all times while they are at the factory. Every latrine shall be under cover and so partitioned off as to secure privacy and shall have a proper door and fastenings. Sweepers shall be employed whose primary duty it would be to keep clean latrines, urinals and washing places.

Spittoons (Section 20).- In every factory, there shall be provided a sufficient number of spittoons of the type prescribed in convenient places and they shall be maintained in clean and hygienic condition. No person shall spit within the premises of factory except in the spittoons provided for purpose. Whoever spits in contravention of this provision shall be punishable with fine not exceeding five rupees.

Safety

Fencing of machinery (Section 21).- In every factory dangerous parts of machinery e.g., every moving part of a prime mover and every flywheel connected to prime mover, etc. etc. shall be securely fenced by safeguards of substantial construction which shall be constantly maintained and kept in position while the parts of machinery they are fencing in motion or in use.

Work on or near machinery in motion (Section 22).- No woman or young person shall be allowed in any factory to clean, lubricate or adjust any part of a prime mover or any transmission machinery is in motion, or to clean, lubricate or adjust any part of any machine if the cleaning, lubrication or adjustment thereof would expose the woman or young person to risk of injury from any moving part either of that machine or of any adjacent machinery.

Employment of young persons on dangerous machines (Section 23).- No young person shall work at any machine declared to be dangerous unless he has been fully instructed as to the dangers arising in connection with the machine and precautions to be observed and has received sufficient training in work at the machine or is under adequate supervision by a person who has a thorough knowledge and experience of the machine.

Casing of new machinery (Section 26).- In all machinery driven by power and installed in any factory after the commencement of this Act, every set screw, bolt or key on any revolving shaft, spindle, wheel or pinion shall be so sunk, encased or otherwise effectively guarded as to prevent danger; all spur, worm and other toothed or friction gearing which does not require frequent adjustment while in motion shall be completely encased, unless it is so situated as to as safe as it would be if it were completely encased.

Whoever sells or lets on hire or, as agent of a seller or hirer, causes or procures to be sold or let on hire, for use in a factory any machinery driven by power which does not comply with these provisions or any rules made under this section, shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees or with both.

Prohibition of employment of women and children near cotton openers (Section 27).- No woman or child shall be employed in any part of a factory for pressing cotton in which a cotton opener is at work.

Excessive weights (Section 34 and Rules).- No woman or young person shall, unaided by another person, lift, carry or move by hand or on head, any material, article, tool or appliance exceeding the maximum limit in weight set out in the following schedule :-

SCHEDULE

Persons Maximum weight of material,

article, tool or appliance

(a) Adult male 55 Kilograms

(b) Adult female 30 Kilograms

(c) Adolescent male 30 Kilograms

(d) Adolescent female 20 Kilograms

(e) Male child 16 Kilograms

(f) Female child 14 Kilograms

Protection of eyes (Section 35 and Rules).- Effective screens or suitable goggles shall be provided for the protection of persons employed in or in the immediate vicinity of processes which involve risk of injury to eyes from particles or fragments thrown off in the processes or which involve risk of injury to eyes by reason of exposure to excessive light or infra-red or ultra-violet radiations.

Precautions in case of fire (Section 38 and Rules).- Every factory shall be provided with adequate means of escape in case of fire for the persons employed therein. The doors affording exit from any room shall, unless they are of sliding type, be constructed to open outwards. Every window, door or other exit affording a means of escape in case of fire, other than the means of exit in ordinary use, shall be distinctively marked. Effective and clearly audible means of giving warning in case of fire to every person employed in the factory shall be provided. Effective measures shall be taken to ensure that wherein more than twenty workers are ordinarily employed in any place above the ground floor, or wherein explosive or highly inflammable materials are used or stored, all the workers are familiar with the means of escape in case of fire and have been adequately trained in the routine to be followed in such case.

Welfare

Washing facilities (Section 42 and Rules).- In every factory adequate and suitable facilities for washing shall be provided and maintained for the use of the workers therein. Such facilities shall include soap and nail brushes or other suitable means of cleaning and the facilities shall be conveniently accessible and shall be kept in a clean and orderly condition.

If female workers are employed separate washing facilities shall be provided and so enclosed or screened that the interiors are not visible from any place where persons of the other sex work or pass.

Facilities for storing and drying clothing (Section 43 and Rules).- In the case of certain dangerous operations e.g., lead processes, liming and tanning of raw hides and skins etc. suitable places for keeping clothing not worn during working hours and for the drying of wet clothing shall be provided and maintained.

Facilities for sitting (Section 44).- In every factory suitable arrangements for sitting shall be provided and maintained for all workers obliged to work in a standing position in order that they may take advantage of any opportunities for rest which may occur in the course of their work.

First-aid and ambulance room (Section 45).- There shall in every factory be provided and maintained sops to be readily accessible during all working hours first-aid boxes or cupboards equipped with the prescribed contents. Each first-aid box or cupboard shall be kept in the charge of a separate responsible person who holds a certificate in first-aid treatment recognised by the State Government who shall always be available during the working hours of the factory.

In every factory wherein more than 500 workers are ordinarily employed there shall be provided and maintained an ambulance room of the prescribed size, containing the prescribed equipment, and in the charge of such medical and nursing staff as may be prescribed and those facilities shall always be made readily available during the working hours of the factory.

Canteens (Section 46 and Rules).- In specified factories wherein more than 250 workers are ordinarily employed, a canteen or canteens shall be provided and maintained by the occupier for the use of the workers. Food, drink and other items served in the canteen shall be sold on a non-profit basis and the prices charged shall be subject to the approval of a Canteen Managing Committee which shall be appointed by the manager and shall consist of an equal number of persons nominated by the occupier and elected by the workers. The number of elected workers shall be in the proportion of 1 for every 1,000 workers employed in the factory, provided that in no case shall there be more 5 or less than 2 workers on the Committee. The Committee shall be consulted from time to time as to the quality and quantity of food stuffs to be served in the canteen, the arrangement of the menus, etc. etc. Where the canteen is managed by a co-operative society, it is not necessary to appoint a Canteen Managing Committee and the prices to be charged may include a margin of profit up to a maximum of 5 per cent of its working capital.

Shelters, restrooms and lunchrooms (Section 47).- In every factory wherein more than 150 workers are ordinarily employed, adequate and a suitable lunchroom, with provision for drinking water, where workers can eat meals brought by them, shall be provided and maintained for the use of the workers.

Creches (Section 48 and Rules).- In every factory wherein more than 30 women workers are ordinarily employed there shall be provided and maintained a suitable room or rooms for the use of children under the age of six years of such women. The creche shall be adequately furnished and equipped and in particular there shall be one suitable cot or a cradle with the seating accommodation for the use of each mother while she is feeding or attending to her child, and a sufficient supply of suitable toys for older children.

There shall be in or adjoining the creche a suitable washroom for the washing of the children and their clothing. An adequate supply of clean clothes, soap and clean towels shall be made available for each child while it is in the creche at least a quarter litre of clean pure milk shall be available for each child on every day it is accommodated in the creche and the mother of such a child shall be allowed in the course of her daily work suitable intervals to feed the child. For children above two years of age, there shall be provided, in addition, an adequate supply of wholesome refreshment. A suitably fenced and shady open air playground shall also be provided for the older children.

Welfare Officers (Section 49).- In every factory wherein 500 or more workers are ordinarily employed the occupier shall employ in the factory such number of Welfare Officers as may be prescribed.

Special Provisions

Dangerous operations (Section 87 and Rules).- Employment of women, adolescents and children is prohibited or restricted in certain operations declared to be dangerous, e.g., electroplating, manufacture and repair of electric accumulators, glass manufacture, grinding or glazing of metals, manufacture and treatment of lead and certain compounds of lead, sand blasting, etc.

Notice of accidents (Section 88 and Rules).- When an accident occurs 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. When any accident or any dangerous occurrence specified in the schedule annexed hereto, 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, takes place in a factory, forthwith notice shall be sent also to the District Magistrate or Sub-divisional Officer, to the officer-in-charge of the nearest police station; and to the relatives of the injured or deceased person.

SCHEDULE

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

Collapse or failure of a crane, derrick, winch, hoist or other appliances used in raising or lowering persons or goods, or any part thereof, or the overturning of a crane.

Explosion, fire, bursting out, leakage or escape of any molten metal, or hot liquor 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.

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

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

Notice of certain diseases (Section 89 and Rules).- Where any worker in a factory contracts any of the following diseases, the manager of the factory shall send notice in Form 27 thereof forthwith both to the Chief Inspector and the Certifying Surgeon :-

Lead, phosphorus, mercury, manganese, arsenic, carbon bi-sulphide or benzene poisoning; or 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 opitheliomatous cancer of the skin, or pathological manifestations due to radium or other radio-active substances or x-rays.

No charge for facilities and convenience (Section 114).- No fee or charge shall be realised from any worker in respect of any arrangements or facilities to be provided, or any equipments or appliances to be supplied by the occupier under the provisions of this Act.

Powers of Inspectors (Sections 9 and 82).- Inspectors have power to inspect factories any time and may require the production of registers, certificates, etc. prescribed under the Act and the Rules.

Any Inspector may institute proceedings on behalf of any workers to recover any sum required to be paid by an employer under the provisions relating to leave with wages, which the employer has not paid.

Obligations of workers (Section 97 and 111).- No worker in a factory :

(i) shall wilfully interfere with or misuse any appliance, convenience or other thing provided in a factory for the purposes of securing the health, safety or welfare of the workers therein;

(II) shall wilfully and without any reasonable cause do anything likely to endanger himself or others; and

(iii) shall wilfully neglect to make use of any appliance or other thing provided in the factory for the purpose of securing the health or safety of the workers therein.

If any worker employed in a factory contravenes any of these provisions or any rule or order made thereunder he shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to Rs. 00, or with both.

If any worker employed in a factory contravenes any provision of this Act or any rules or orders made thereunder, imposing any duty or liability on workers, he shall be punishable with fine which may extend to Rs. 20.

Certificates of fitness (Sections 69, 70 and 98).- No child who has completed his fourteenth year or an adolescent shall be required or allowed to work in any factory unless a certificate of fitness granted with reference to him is in the custody of the manager of the factory and such child or adolescent carries, while he is at work, a token giving a reference to such certificate. Any fee payable for such a certificate shall be paid by the occupier and shall not be recoverable from the young person, his parents or guardian.

An adolescent who has been granted a certificate of fitness to work in a factory as an adult and who while at work in a factory carries a token giving reference to the certificate shall be deemed to be an adult for all the purposes of the provisions of the Act relating to the working hours of adults and the employment of young persons. An adolescent who has not been granted a certificate of fitness to work in a factory as an adult shall, notwithstanding his age, be deemed to be a child for all the purposes of this Act.

Whoever knowingly uses or attempts to use, as a certificate of fitness granted to himself, a certificate granted to another adolescent to work in a factory as an adult, or who having procured such a certificate knowingly allows it to be used, or an attempt to use it to be made, by another person, shall be punishable with imprisonment for a term which may extend to two months or with fine which may extend to Rs. 100 or with both.

Registers, notices and returns (Sections 61, 62, 63, 72, 73, 74 and 110 and Rules).- A register of adult workers in the prescribed Form 17 and a register of child workers in the prescribed Form 19 shall be maintained by the manager of every factory.

A notice of periods of work for adults and a notice of periods of work for children in the prescribed forms 16 and 18 shall be correctly maintained and displayed in every factory. No adult worker or child shall be required or allowed to work in any factory otherwise than in accordance with their respective notices of periods of work displayed in the factory.

The owners, occupiers or managers of factories shall submit the prescribed periodical returns to the Inspector regularly.

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FORM - 29

Prescribed under Rule 125

ANNUAL RETURN

For the year ending 31st December, 19..........

Registration number of factory :

Name of factory :

Name of occupier :

Name of the manager :

District :

Full postal address of factory :

Nature of industry :

Number of workers and particulars of employment

No. of days worked in the year :

No. of man-days worked during the year

(a) Men :

(b) Women :

(c) Children :

Average number of workers employed daily (See explanatory note)

(a) Adults (i) Men :

(ii) Women :

(b) Adolescents (i) Male :

(ii) Female :

(c) Children (i) Male :

(ii) Female :

Total no. of man-hours worked including overtime.

(a) Men :

(b) Women :

(c) Children :

Average number of hours worked per week (See explanatory note)

(a) Men :

(b) Women :

(c) Children :

(a) Does the factory carry out any process or operations declared as dangerous under Section 87 (See Rule 116):

(b) If so, give the following information

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Name of the dangerous process Average no. of persons employed daily in each

Or operations carried on of the processes or operations given in Col.1

1 2

-----------------------------------------------------------------------------------------------------------------------

i)

ii)

iii) etc.

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Leave with Wages

Total number of workers employed during the year :

(a) Men :

(b) Women :

(c) Children :

Number of workers who were entitled to annual leave wit wages during the year

(a) Men :

(b) Women :

(c) Children :

Number of workers who were granted leave during the year

(a) Men :

(b) Women :

(c) Children :

(a) Number of workers who were

discharged, or dismissed from

the service, or quit employment,

or were superannuated, or died

while in service during the year

:

(b) Number of such workers in respect

of when wages in lieu of leave

were paid :

(a) Number of Safety Officers required

to be appointed as per notification

under Section 40-B

:

(b) Number of Safety Officers

appointed :

Ambulance room

Is there an ambulance room provided

in the factory as required under

Section 45 ? :

Canteen

(a) Is there a canteen provided in

the factory as required under

Section 46? :

(b) Is the canteen provided managed

i) departmentally, or :

ii) through a contractor? :

Shelters or Rest Rooms and Lunch Rooms

(a) Are there adequate and suitable

shelters or rest rooms provided in

the factory as required under

Section 47? :

(b) Are there adequate and suitable

lunch rooms provided in the factory

as required under Section 47? :

Creches

Is there a Creche provided in the

factory as required under Section 48 ? :

(a) Number of Welfare Officers to be

appointed as required under

Section 49 :

(b) Number of Welfare Officers

appointed :

Accidents

(a) Total number of accidents

(See explanatory notes)

i) Fatal :

ii) Non-Fatal :

(b) Accidents in which workers

returned to work during the year

to which this return relates :

i) Accidents (workers injured)

occurring during the year in

which injured workers returned

to work during the same year

(aa) Number of accidents :

(bb) Man-days lost due to accidents :

:

ii) Accidents (workers injured)

occurring in the previous year

in which injured workers

returned to work during the

year to which this return relates

(aa) Number of accidents :

(bb) Man-days lost due to accidents :

(c) Accidents (workers injured)

occurring during the year in

which injured workers did not

return to work during the

year to which this return relates

i) Number of accidents :

ii) Man-days lost due to accidents :

Certified that the information furnished above is to the best of my knowledge and belief, correct.

Signature of the manager

Date

Explanatory Notes :

The average number of workers employed daily should be calculated by dividing the aggregate number of attendance on working days (that is, man-days worked by the number of working days in the year. In reckoning attendance, attendance by temporary as well as permanent employee should be counted, and all employees should be included, whether they are employed directly or under contractors. Attendance on separate shifts (e.g. night and day shifts) should be counted separately. Days on which the factory was closed for whatever cause, and days on which the manufacturing processes are not carried on should not be treated as working days. Partial attendance for less than half a shift on a working day should be ignored, while attendance for half a shift or more on such day should be treated as full attendance.

For seasonal factories, the average number of workers employed during the working season and the off-search should be given separately. Similarly the number of days worked and average number of manhours worked per week during the working and off-season should be given separately.

The average number of hours worked per week means the total actual hours worked by all workers during the year excluding the rest intervals but including overtime work divided by the product of total number of workers employed in the factory during the year and 52. In case the factory has not worked for the whole year, the number of weeks during which the factory worked should be used in place of the figure 52.

Every person killed or injured should be treated as one separate accident. If in one occurrence six persons were injured or killed, it should be counted as six accidents.

In item 24(a , the number of accidents which took place during the year should be given. In case of non-fatal accidents only these accidents which prevented workers from working for 48 hours or more, should be indicated.

 

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FORM - 30

Prescribed under Rule 125

HALF-YEARLY RETURN

For the half-year ending 30th June, 19.;./31 December , 19.;.

Registration number of factory :

Name of factory :

Name of occupier :

Name of manager :

District :

Postal address of factory :

Nature of industry :

Average number of workers

employed daily

(See explanatory note)

(a) Adults - i. Man :

Women :

(b) Adolescents- i. Male :

Female :

(c) Children - i. Male :

Female :

Number of days worked during

the half-year ending 30th June,

19../31st December , 19.... :

Signature of Manager :

Date :

Explanatory Note :-

The average daily number should be calculated by dividing the aggregate number of attendance on working days by the number of working days during the half-year. In reckoning attendance, attendance by temporary as well as permanent employees should be counted, and all employees should be included, whether they are employed directly or under contractors.

Attendance on separate shifts (e.g., night and day shifts) should be counted separately. Days on which the factory was closed, for whatever cause, and days on which the manufacturing processes were not carried on should not be treated as working days. Partial attendance for less than half a shift on a working day day should be ignored, while attendance for a half a shift or more on such day should be treated as full attendance.

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FORM - 31

Prescribed under Rule 129

MUSTER ROLL

Name of factory Place ... District..

Serial No. Name of worker Father’s Name Nature of work Daily attendance for month of ... 19..

Dates

Remarks
123456789..........
                   

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FORM - 32

Prescribed under Rule 130

REGISTER OF ACCIDENTS AND DANGEROUS OCCURRENCES

Name of

Injured person

(if any)

Date of

Accident or

dangerous

occurrence

Date of report

(in Form 25)

to Inspector

Nature of accident or dangerous occurrenceDate of return of injured Person

to work

Number of days the injured

Person was absent from work

123456