CHAPTER: V
HEALTH AND
HYGIENE
.51. Cleanliness : Every establishment shall be kept clean and free from
effuvia arising from any drain, privy or other nuisance, and in particular-
a) accumulation of dirt and refuge shall be removed daily by sweeping or
by any other effective method from the floors and benches of work-rooms and from staircases and passage and disposed of in a
suitable manner;
(b) the floor of every work-room
shall be cleaned at least once in every week by washing, using disinfectant where necessary or by some other
effective method;
(c) where the floor is liable to
become wet in the course of any manufacturing process to such extent as is
capable of being
drained, effective means of drainage shall be provided and maintained;
(d) all inside walls and partitions,
all ceilings, or tops of rooms, and walls, side and tops or passages an staircases shall-
(i) where they are painted or
varnished, be repainted or re-varnished at least once in every three years,
(ii)
where they are painted or varnished and have smooth imperious surface, be cleaned at least once in every fourteenth months, by
such methods as .may
be prescribed,
(iii)
in any other case, be kept white-washed or colour-washed and the white-washing or
colour-washing shall be carried out at least once in every fourteen months; and
(e)
the date on which the processes required by clause (d) are carried out shall be entered
in the prescribed register.
52. Ventilation and temperature : (1) Effective and suitable provisions shall be made in every
establishment for securing and maintaining in every work-room adequate ventilation by the circulation of fresh air;
(2) such temperature as will secure to workers therein
reasonable conditions of comfort and
prevent injury to health.
(3) the walls and roofs, as required by sub-section
(2), shall be of such material and so
designed that such temperature shall not be exceeded but kept as low as practicable;
(4) where
the nature of the
work carried on
in the establishment involves, or is likely to involve, the
production of excessively high
temperature, such adequate measures as are practicable, shall be taken to protect the workers there from by separating the process which produces such
temperature from the work-room by
insulating the1 hot parts or by other effective means.
(5) If
it appears to the Government that in any establishment or class or description of establishments excessively high temperature can be reduced by such methods as
white-washing, spraying or insulating
and screening outside walls or roofs windows
or by raising the level of the roof, or by insulating the roof either by an air space and double roof or by
the use of insulating roof materials,
or by other methods, it may prescribe such
of those or other methods to be adopted in the establishment.
53. Dust and fume : (1) In every establishment in
which, by reason of
any manufacturing process carried on, there is given off any dust or fume or other impurity
of such a nature and to such an extent as is likely to be injurious or offensive to the
workers employed
therein, effective measures shall be taken to prevent its accumulation in any work-room and
it inhalation by workers, and if any exhaust appliance is necessary for this purpose, it shall be applied as near as
possible to the point of origin of the dust, fume or other impurity, and such
point 'shall be enclosed so far as possible.
(2) In any establishment no
stationary internal combustion engine shall be operated unless the exhaust is conducted into open air, and no internal combustion
engine shall be operated in any room unless effective measures have been taken to prevent
such accumulation of fumes there from as are likely to be injurious to the workers employed in the
work-room.
54. Disposal of wastes and effluents : Effective arrangements shall be made in every
establishment for disposal of wastes and effluents due to the manufacturing process carried on
therein.
55.Artificial humidification: (1) In any establishment in which the humidity of the air is
artificially increased, the water used for the purpose shall be taken from a public supply,
or other source of drinking water, or shall be effectively purified before it is so used.
(2)
If it appears to an Inspector that the water used in an establishment for
increasing humidity which is required to be effectively purified under sub-section (1) is not
effectively purified,
he may serve on the employer of the establishment an order in writing, specifying the
measures which, in his opinion, should be adopted, and requiring them to be
carried out before a specified
date;
56. Overcrowding: (1) No work-room in any
establishment shall
be overcrowded to an extent injurious to the health of the workers employed therein.
(2) Without
prejudice to the generality of the provisions of sub section (1), there shall
be provided for every worker employed in a work-room at least 9.5 cubic metre of space in the establishment.
Explanation
: For the purpose
of this sub-section no account shall be taken of a space which is more than 4.25 metre above the level of the floor of the room.
(3) If
the Chief Inspector by order in writing so requires, there shall be posted in. each work-room of an
establishment a notice specifying the
maximum number of workers who
may, in compliance with the provisions
of this section, be employed in the
room.
(4) The Chief Inspector may, by
order in writing, exempt, subject to such conditions as he may think fit to impose, any work-room from the provisions of
this section if he is satisfied that compliance therewith in respect of such room is not
necessary for the purpose of health of the workers employed therein;
57. Lighting : (1) In every part of an establishment where workers are working or passing
there shall be provided and maintained sufficient and suitable lighting, natural or artificial, or both.
(2) In every establishment all glazed
windows and skylights used
for the lighting of the work-room shall be kept clean on both the outer and inner surfaces and
free from obstruction as far as possible.
(3) In every establishment effective
provisions shall, so far as is practicable, be made for the prevention of-
(a) glare either directly from any
surface of light or by reflection from or polished surface, and
(b) the formation of shadows to such
an extent as to cause eye strain or risk of accident to any worker.
58. Drinking water : (1) In every establishment
effective arrangement
shall be made to provide and maintain at a suitable point conveniently situated for
all workers employed therein, a sufficient supply of wholesome drinking water.
(2) All such points where water is
supplied shall be legibly marked ‘Drinking Water’ in Bangla.
(3) In every establishment wherein two
hundred fifty or more workers
are ordinarily employed, provision shall be made for cooling the drinking water during
the hot weather by effective means and for distribution thereof.
(4) Where dehydration occurs in the
body of workers due to work near machineries creating excessive heat, there workers shall be provided with oral
re-hydration thereby.
59. Latrines and urinals : In every
establishment-
a) sufficient latrines and urinals of prescribed types shall be provided conveniently situated and accessible to workers at all times while they are in the establishment;
a) sufficient latrines and urinals of prescribed types shall be provided conveniently situated and accessible to workers at all times while they are in the establishment;
(b) such
latrines and urinals shall be provided separately for male and
female workers;
(c)
such latrines and urinals shall be adequately lighted and ventilated;
(d)
all such latrines and urinals shall be maintained in
a clean
and sanitary condition at all times with suitable detergents and disinfectants.
60. Dust bean and Spittoon : (1) In every
establishment there shall be provided, at convenient places, sufficient number
of dust beans and spittoons which shall be maintained in a clean and hygienic
condition.
(2) No person shall throw any dirt or spit within the
premises of an establishment except in the dust beans and spittoons provided for
the purpose.
(3) A notice containing this provision and the penalty for
its violation shall be prominently displayed at suitable places in the premises.
CHAPTER
: VI
SAFETY
61. Safety of building and
machinery : (1) If it appears to the Inspector
that any building or part of a building or any part of the ways,
machinery or plant in an establishment is in such a condition
that it is dangerous to human life or safety, he may serve on the
employer of the establishment an order in writing specifying
the measures which, in his opinion, should be adopted, and requiring them to be
carried out before a specified date.
(2) If it appears to the Inspector that the use of any
building or part of a building or of any part of the ways machinery or plant in
the
establishment involves imminent danger to human life or safety, he
may serve on he employer of the establishment an order in writing prohibiting
its use until it has been properly repaired or altered.
62. Precaution in case of fire : (1) Every
establishment shall be provided with at least one alternative connecting
stairway with each floor and such means of escape in case of fire and
fire- fighting apparatus, as may be prescribed by rules.
(2)
If it appears to the Inspector that any establishment is not provided with
the means of escape prescribed under sub-section (1) he may serve on the employer
of the establishment an order in writing specifying the measures which,
in his opinion, should be adopted before a date specified in the order.
(3) In every establishment the doors
affording exit from any room shall not be locked or fastened so that they can be easily and immediately opened from
inside while any person is within the room and all such doors, unless they are
of the sliding type, shall be constructed to open outwards or where the door is between two rooms, and all such
doors, unless they are of the sliding type, shall be constructed to open outwards or
where the
door is between two rooms, in the direction of the nearest exit from the building and no such door shall be locked or obstructed while work is being carried on in the room.
door is between two rooms, in the direction of the nearest exit from the building and no such door shall be locked or obstructed while work is being carried on in the room.
(4) In every
establishment every window, door, or other exit affording means of escape in
case of fire, other than the means of exit in ordinary use, shall be
distinctively marked in Bangla and in red letters of adequate size or by
some other effective and clearly understood sign.
(5) In every
establishment there shall be provided effective and clearly audible means of
giving warning in case of fire to every person employed therein.
(6) A free
passage-way giving access to each means of escape in case of fire
shall be maintained for the use of all workers in every room of the
establishment.
(7)
In every establishment wherein more than ten workers
are ordinarily employed In any place above the ground floor, or explosive or
highly inflammable materials are used or stored, effective measures shall be
taken to ensure that 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.
(8)
In factories wherein fifty or more workers and
employees are employed shall arrange at, least once in a year a mock fire- fighting and
the employer shall maintain a book of records in this regard.
63. Fencing of
machinery. - (1) In every establishment the following
shall be securely fenced by the safeguards of substantial construction
which shall be kept in position while the part of machinery
required to be fenced are in motion or in use, namely-
(a) every moving
part of a prime mover, and every fly wheel connected to a prime mover;
(b) the head-race
and tail-race of every water wheel and water turbine;
(c) any part of a
stock-bar which projects beyond the head stock of a lathe; and
(d)
unless they are in such
position or of such construction as to be as safe to every person employed in the
establishment as they would be if they were securely fenced-
i) every part
of an electric generator, a motor or rotary converter,
(ii) every part of transmission machinery, and (iii) every
dangerous part of any machinery :
Provided
that, for the purpose of determining whether any part of machinery is safe as
aforesaid, account shall not be taken of any occasion when it being
necessary to make an examination of the machinery while it is in
motion, such examination or operation is made or carried in accordance with the
provisions of section 64.
(2) Without prejudice to any other provision of this Act relating to
the fencing or machinery, every set screw, bolt and key on any
revolving shaft, spindle wheel or pinion and all spur, worm and
other toothed or friction gearing in motion with which such worker would
otherwise be liable to come into contact, shall be securely fenced, to prevent
such contact.
64. Work on or near machinery in motion : (1) Where in
any establishment it becomes necessary to examine any part of machinery
referred to in section 61 while the machinery is in motion or as a
result of such examination to carry out any mounting or shipping of belts,
lubrication or other adjusting operation while the machinery is in motion such
examination or operation
shall be made or carried out only by a specially trained adult male worker
wearing tight-fitting clothing whose name has been
recorded in the register prescribed in this behalf and while he is so
engaged such worker shall not handle a belt at a moving pulley unless the belt is less than fifteen centimeters in width and
unless the belt-joint is either laced or flush with the belt.
(2) The Government may, by notification in the official Gazette,
prohibit, in any specified establishment, the cleaning, lubricating,
or adjusting by any person of specified part of machinery when those parts are
in motion.
65. Striking
gear and devices for cutting off power: (1) In every establishment-
a) suitable
striking gear or other efficient mechanical appliances shall be provided and
maintained and used to move driving belts to and from fast and loose pulleys which
from part of the transmission machinery, and such gear or appliances shall be so constructed,
placed and maintained as to prevent the belt from cropping back on the first
pulleys;
(b) driving belts when not in use shall not be allowed to rest or ride
upon shafting in motion.
(2)
In every establishment suitable devices for cutting off power in
emergencies from running machinery shall be provided and maintained in every work-room.
66. Self-acting machines: No
traversing part of a self-acting machine in any establishment and no
material carried thereon shall, if the space over which it runs is a space
over which any person
is liable to pass whether in the course of his employment or other distance of forty five centimeters from
any fixed structure which is not
part of the machine :
Provided that the Chief Inspector may permit the
continued use of a machine installed before
the commencement of this Act which does not comply with the requirements
of this section on such conditions for
ensuring safety as he may think fit to impose.
67. Casing of new machinery : In all
machinery driven by power and installed
in any establishment after
the commencement of this Act-
a) every set screw, belt or key or any revolving shaft, spindle wheel or pinion shall be so, sunk, encased or otherwise effectively guarded to prevent danger; and
a) every set screw, belt or key or any revolving shaft, spindle wheel or pinion shall be so, sunk, encased or otherwise effectively guarded to prevent danger; and
03)
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 be as safe it would be if it were
completely encased.
68. Cranes and other lifting machinery : The following provisions
shall apply in-
(a) every part thereof, including the working gear, whether fixed
or movable, ropes and chains and anchoring and fixing appliances shall be-
(i) of good construction, sound material and
adequate strength,
(ii) properly maintained
(iii) thoroughly examined by a competent
person at least once in every period of twelve months and a register shall
be kept containing the prescribed particulars of every such examination;
(b)
no such machinery shall be loaded beyond the safe working load
which shall be plainly marked thereon; and
(c)
while any person is employed or working on or near the
wheel-tract of a traveling crane in any place, where he would be liable to be
struck by the crane, effective measures shall be taken to ensure that crane does not
approach within six metre of that place.
69. Hoists and lifts : (1) In every establishment
every hoist and lift shall be-
(a) of good
mechanical construction, sound material and adequate strength,
(b) properly
maintained
(c) shall be
thoroughly examined by competent person at least once in every period of six
months, and a register shall be kept containing the prescribed particulars
of every such examination;
(2) every hoist way
and lift way shall be sufficiently protected by an enclosure fitted with
gates, and the hoist or lift and every such enclosure shall 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;
(3) the maximum
safe working load shall be plainly marked on every hoist or lift and no load
greater than such load shall be carried thereon;
(4) the cage of
every hoist or lift used for carrying persons shall be fitted with a gate on
each side from which access is afforded to a landing;
(5) every gate
referred to in subsection (2) or (4) shall be fitted with
interlocking or other efficient device to secure that the gate cannot be
opened except when the cage is at the landing and. That the cage
cannot be moved unless the gate is closed.
(6)The following
additional requirements shall apply to hoists and lifts used for .carrying
persons and installed or reconstructed in an establishment after the
commencement of this Act, namely-
(a)
where the cage is supported by rope or chain there shall be at
least two ropes or chains separately connected with the cage and balance
weight, and' each rope or chain with its attachments shall be capable of carrying the
whole weight of the cage together with its
maximum load;
maximum load;
(b)
Efficient devices shall be provided and maintained capable of
supporting the cage together with its maximum load in the event of breakage
of the ropes, chains or attachments;
(c)
an efficient automatic device shall be provided and maintained to
prevent the -cage from over-running.
(7)
The Chief Inspector may permit the continued use of a hoist or lift
installed in an establishment before the commencement of this Act which does
not fully comply with the provisions of sub-section (1), (2), (3), (4) and (5)
upon such conditions for ensuring safety as he may think fit to impose.
70. Revolving machinery: (1) In every
room in an establishment in which the process of grinding is carried
on, there shall be permanently affixed to, or placed near, each machine in use
a notice indicating the following-
a) maximum safe working peripheral speed of every grind stone or abrasive wheel;
a) maximum safe working peripheral speed of every grind stone or abrasive wheel;
(b)
the speed of the shaft or spindle upon which the
wheel is mounted;
(c)
the diameter of the pulley upon such shaft or spindle
necessary
to secure such safe working peripheral speed.
(2)The speeds
indicated in notices under sub-section (1) shall not be exceeded.
(3)Effective
measures shall be taken in every revolving vessel, cage, basket,
flywheel, pulley dice or similar appliance driven by power is not
exceeded.
71. Pressure plant : If in any establishment any part of the plant or
machinery used in manufacturing process is operated at a pressure above
atmospheric pressure, effective measures shall be taken to ensure that the safe
working pressure of such part is not exceeded.
72. Floors,
stairs and means
of access : In every establishment-
(a) all floors,
stairs, passages and gangways shall be of sound construction and properly
maintained and where it is necessary to ensure safety steps, stairs, passages and
gangways shall be provided with substantial
handrails;
(b) there shall,
so far as is reasonably practicable, be provided and maintained safe means of
access to every place at which any person is, at any time, required to
work; and
(c) all floors,
ways and stairways shall be clean, wide and clear of all obstructions.
73. Pits, sumps, opening in floors, etc.
: (I) In every establishment, every fixed vessel, sump, tank, pit or opening in the
ground or in a floor which, by reason of its depth, situation, construction or contents is or may be a source of
danger, shall be either securely
covered or securely fenced.
74.Excessive
weights : No person shall be employed in any establishment
to lift, carry or move any load .so heavy as to be likely to
cause him injury.
75.Protection of
eyes : The Government may, in respect of any manufacturing process carried on
in any establishment, by rules, require that effective screens of
suitable goggles shall be provided for the protection of persons employed
on, or in the immediate vicinity of a process which involves-
(a) risk, of injury to the eyes from particles or fragments thrown off in the course of the
process, or
od) risk to the eyes by reason of exposure
to excessive light or heat.
76. Powers to require specifications
of defective parts or tests
of stability : If it appears to the Inspector that any building or part
of a building or any part of the ways, machinery or plant in an
establishment, is in such a condition that it may be danger us to
human life or safety, he may serve on the employer of the
establishment an order in writing, requiring him before a
specified date-
a) to furnish such drawings, specifications and other particulars as may be necessary to determine whether such building, ways, machinery or plant can be used with safety, or
of stability : If it appears to the Inspector that any building or part
of a building or any part of the ways, machinery or plant in an
establishment, is in such a condition that it may be danger us to
human life or safety, he may serve on the employer of the
establishment an order in writing, requiring him before a
specified date-
a) to furnish such drawings, specifications and other particulars as may be necessary to determine whether such building, ways, machinery or plant can be used with safety, or
(b) to carry out such tests as may be necessary to
determine the strength or quality or any specified
parts and to inform the Inspector of the result thereof.
determine the strength or quality or any specified
parts and to inform the Inspector of the result thereof.
77. Precautions against
dangerous fumes : (1) In any establishment
no person shall enter or be permitted to enter any chamber, tank,
vat pit, pipe, flue or other confined space in which dangerous
fumes are likely to be present to such an extent as to involve risks of persons
being overcome thereby, unless it is provided with a manhole of such size, as
may be prescribed or other effective means of egress.
(2) No portable
electric light of voltage exceeding twenty-four
volts shall be permitted in any establishment for use inside any
confined space such as is referred to in sub-section (1) and where
the fumes present are likely to be inflammable, lamp or light
other than of flame proof construction shall be permitted to be
used in such confined space.
volts shall be permitted in any establishment for use inside any
confined space such as is referred to in sub-section (1) and where
the fumes present are likely to be inflammable, lamp or light
other than of flame proof construction shall be permitted to be
used in such confined space.
(3) No person in
any establishment shall enter or be permitted
to enter any such confined space until all practicable means have
been taken to remove any fumes which may be present and to
prevent any ingress of fume and unless either-
to enter any such confined space until all practicable means have
been taken to remove any fumes which may be present and to
prevent any ingress of fume and unless either-
(a)
a certificate in writing has been given by a
competent
person, based on a test carried out by himself, that the
space is from dangerous fumes and fit for persons to
enter, or
person, based on a test carried out by himself, that the
space is from dangerous fumes and fit for persons to
enter, or
(b)
the worker is wearing suitable breathing apparatus
and a belt securely attached to a rope, the free end of
which is held by a person standing outside the
confined space.
and a belt securely attached to a rope, the free end of
which is held by a person standing outside the
confined space.
(4) Suitable breathing apparatus,
reviving apparatus and belts
and ropes shall, in every establishment, be kept ready for instant
use beside any such confined space, as aforesaid which any
person as entered, and all such apparatus shall be periodically
examined and certified by a competent person to be fit for use; and
a sufficient number of persons employed in every establishment
shall be trained and practiced in the use of all such apparatus and
in the method of restoring respiration.
and ropes shall, in every establishment, be kept ready for instant
use beside any such confined space, as aforesaid which any
person as entered, and all such apparatus shall be periodically
examined and certified by a competent person to be fit for use; and
a sufficient number of persons employed in every establishment
shall be trained and practiced in the use of all such apparatus and
in the method of restoring respiration.
(5) No person shall
be permitted to
enter in any
establishment, any boiler furnance, boiler, flue chamber, tank,
at, pipe or other confined space for the purpose of working or
making any examination therein until it has been sufficiently
cooled by ventilation or otherwise to be safe for persons to enter.
establishment, any boiler furnance, boiler, flue chamber, tank,
at, pipe or other confined space for the purpose of working or
making any examination therein until it has been sufficiently
cooled by ventilation or otherwise to be safe for persons to enter.
78. Explosive or inflammable dust, gas, etc. (1) Where in
any
establishment any manufacturing process produces dust, gas,
fume or vapour of such character and to such extent as to be likely
to explode on ignition, all practicable measures shall be taken to prevent any such explosion by-(a) effective enclosure of the plant or machinery used in the process;
establishment any manufacturing process produces dust, gas,
fume or vapour of such character and to such extent as to be likely
to explode on ignition, all practicable measures shall be taken to prevent any such explosion by-(a) effective enclosure of the plant or machinery used in the process;
(b) removal or prevention of the
accumulation of such
dust, gas, fume or vapour;
dust, gas, fume or vapour;
(c) exclusion or effective enclosure
of all possible sources
of ignition.
of ignition.
(2) Where in any establishment the plant or machinery
used
in a process is not so constructed as to withstand the probable
pressure which such an explosion as aforesaid would produce, all
practicable measure shall be taken to restrict the spread and
effects of the explosion by the provision in the plant or
machinery of chokes, baffles, vents or other effective appliances.
in a process is not so constructed as to withstand the probable
pressure which such an explosion as aforesaid would produce, all
practicable measure shall be taken to restrict the spread and
effects of the explosion by the provision in the plant or
machinery of chokes, baffles, vents or other effective appliances.
(3) Where
any part of the
plant or machinery in an
establishment contains any explosive or inflammable gas or
vapour under pressure greater than atmospheric pressure, that
part shall not be opened except in accordance with the following
provisions, namely-
establishment contains any explosive or inflammable gas or
vapour under pressure greater than atmospheric pressure, that
part shall not be opened except in accordance with the following
provisions, namely-
(a) before the fastening of any joint
of any pipe connected
with the part of the fastening of the cover of any
opening into the part is loosened, any flow of the gas or
vapour into the part or any such pipe shall be
effectively stopped by a stop-value or other means;
with the part of the fastening of the cover of any
opening into the part is loosened, any flow of the gas or
vapour into the part or any such pipe shall be
effectively stopped by a stop-value or other means;
(b) before any such fastening as
aforesaid is removed, all
practicable measures shall be taken to reduce the
pressure of the gas or vapour in the part or pipe to
atmospheric pressure;
practicable measures shall be taken to reduce the
pressure of the gas or vapour in the part or pipe to
atmospheric pressure;
(c) where any such fastening, as
aforesaid, has been
loosened or removed, effective measures shall be taken
to prevent any explosive or inflammable gas or vapour
from entering the part or pipe until the fastening has
been secured; or as the case may be securely replaced:
loosened or removed, effective measures shall be taken
to prevent any explosive or inflammable gas or vapour
from entering the part or pipe until the fastening has
been secured; or as the case may be securely replaced:
Provided, that the provisions of
this sub-section shall not apply in the case of plant or machinery installed in the open air.
(4) No plant, tank or vessel which contains or has
contained
any explosive or inflammable substance shall be subject in any
establishment to any welding, brazing, soldering or cutting
operation which involves the application of heat unless adequate
measures have been first taken to remove such substance and any
fumes arising there from or to render such substance and fumes
non-explosive or non-inflammable, and no such substance shall
be allowed to enter such plant, tank or vessel after any such
operation until the mental has cooled sufficiently to prevent any
risk of igniting the substance.
any explosive or inflammable substance shall be subject in any
establishment to any welding, brazing, soldering or cutting
operation which involves the application of heat unless adequate
measures have been first taken to remove such substance and any
fumes arising there from or to render such substance and fumes
non-explosive or non-inflammable, and no such substance shall
be allowed to enter such plant, tank or vessel after any such
operation until the mental has cooled sufficiently to prevent any
risk of igniting the substance.
CHAPTER
:VII
SPECIAL
PROVISIONS RELATING TO HEALTH, HYGIENE AND SAFETY
79. Dangerous
operations :
Where the Government is satisfied that any operation carried on in an establishment exposes
any person employed
in it to a serious risk of bodily injury, poisoning, or disease, it may make rules applicable to
such establishment or
class of establishment in which such operation is carried on-
(a) specifying the
operation and declaring
it to be
hazardous;
hazardous;
(b) prohibiting or restricting the
employment of women,
adolescents or children in the operation;
adolescents or children in the operation;
(c) providing for the periodical
medical examination of
persons employed in the operation and prohibiting the
employment of persons not certified as fit for such
employment;
persons employed in the operation and prohibiting the
employment of persons not certified as fit for such
employment;
(d).
providing for the protection of all persons employed in the operation or in the vicinity
of the places where it is carried on and the use of any specified materials or processes in connection with the
operation; and
(e)
notice specifying use and precautions regarding use of any corrosive chemicals.
80.
Notice to be given of accidents : (1) When any accident occurs in an establishment causing loss of life or
bodily injury, or when
an accidental explosion, .ignition, outbreak of fire of or irruption of water of fumes
occurs in an establishment, the employer of the establishment shall give notice of the
occurrence
to the Inspector within two working days.
(2) Where an accident mentioned in
sub-section (1) causes
bodily injury resulting in the compulsory absence from work of
the person injured for a period exceeding forty-eight hours it
shall be entered in a register in the prescribed form.
bodily injury resulting in the compulsory absence from work of
the person injured for a period exceeding forty-eight hours it
shall be entered in a register in the prescribed form.
(3) A copy of the entries in the
register referred to in sub
section (2) shall be sent by the employer of the establishment,
within fifteen days after the 30th day of June and the 31st day of
December in each year, to the Chief inspector.
section (2) shall be sent by the employer of the establishment,
within fifteen days after the 30th day of June and the 31st day of
December in each year, to the Chief inspector.
81. Notice of
certain dangerous occurrences : Where in an
establishment, any dangerous occurrence of such nature as may
be prescribed, occurs, whether causing any bodily injury or not,
the employer of the establishment shall send notice thereof to the
Inspector within three working days.
establishment, any dangerous occurrence of such nature as may
be prescribed, occurs, whether causing any bodily injury or not,
the employer of the establishment shall send notice thereof to the
Inspector within three working days.
82. Notice of
certain disease : (1) Where any worker in an
establishment contacts any disease specified in the Second
Schedule, the employer or the worker concerned or any person
authorized by him in this behalf shall send notice thereof to the
Inspector in such prescribed form and within such time as may be
prescribed by Rules.
establishment contacts any disease specified in the Second
Schedule, the employer or the worker concerned or any person
authorized by him in this behalf shall send notice thereof to the
Inspector in such prescribed form and within such time as may be
prescribed by Rules.
(2) If any registered medical practitioner attends on a person
who is, or has been employed in an establishment and who is, or
is believed by such medical practitioner to be, suffering from any
disease specified in the Second Schedule, the medical practitioner
shall, without delay, send a report in writing to the Chief
Inspector stating-
who is, or has been employed in an establishment and who is, or
is believed by such medical practitioner to be, suffering from any
disease specified in the Second Schedule, the medical practitioner
shall, without delay, send a report in writing to the Chief
Inspector stating-
(a) the name and
postal address of the patient;
(b) the disease
from which he believes the patient to be
suffering;
suffering;
(c) the name and
address of the establishment in which
the patient is or was last employed.
the patient is or was last employed.
(3) The Government may add to or subtract from the Second
Schedule any disease by notification in the official Gazette.
Schedule any disease by notification in the official Gazette.
83. Power to direct enquiry into
cases of accident or disease :
(1)
When any accidental explosion, ignition, outbreak of fire or irruption of
water or other accident has occurred in any establishment or when any disease
specified in the Second Schedule has been or suspected to* have been
contracted in any establishment, the Government, if it is of opinion that a
formal enquiry into the cases, of, and circumstance attending, the accident or
.disease ought to be held, may appoint a competent person to hold such enquiry,
and may also appoint any person possessing legal or special knowledge
to act assessor in holding the enquiry.
(2)
The person appointed to hold any such enquiry shall have all the power
of a Civil Court under the Code of Civil Procedure, 1908 for the purpose of
enforcing the attendance of witnesses and compelling the production of documents
and material objects; and every person required by such person as aforesaid to
furnish any information shall be deemed to be legally bound to do so within the
meaning of section 176 of the Penal Code.
(3) Any person holding an enquiry under this section may
exercise such of the powers of an Inspector under this Act as he may think it necessary or expedient to exercise for the purposes of the enquiry.
exercise such of the powers of an Inspector under this Act as he may think it necessary or expedient to exercise for the purposes of the enquiry.
(4) The person
holding enquiry shall make a report to the
Government stating the causes of the accident and its
circumstances, and adding any observations which he and any of
the assessors may think fit to make.
Government stating the causes of the accident and its
circumstances, and adding any observations which he and any of
the assessors may think fit to make.
(5) The Government
may, cause such report to be published at
such time and in such manner as it may think fit.
such time and in such manner as it may think fit.
84. Power to take
samples : (1)
An Inspector may, at any time
during the normal working hours, informing the employer of an
establishment, take, in the manner hereinafter provided, a
sufficient sample of any substance used or intended to be used in
the establishment such use being, in the opinion of the Inspector
in contravention of the provisions of this Act or of the rules, or
likely to cause bodily injury to or injury to the health of, workers
in establishment.
during the normal working hours, informing the employer of an
establishment, take, in the manner hereinafter provided, a
sufficient sample of any substance used or intended to be used in
the establishment such use being, in the opinion of the Inspector
in contravention of the provisions of this Act or of the rules, or
likely to cause bodily injury to or injury to the health of, workers
in establishment.
(2)Where the Inspector takes such
sample, he shall, in the
presence of the employer, unless he willfully absents himself,
divide the sample into three portions and effectively seal and
suitably mark them and shall permit the employer to add his own
seal and mark thereon.
presence of the employer, unless he willfully absents himself,
divide the sample into three portions and effectively seal and
suitably mark them and shall permit the employer to add his own
seal and mark thereon.
(3)The employer shall, if the
Inspector so requires, provide
the appliances for dividing, sealing and marking the sample
taken under this section.
the appliances for dividing, sealing and marking the sample
taken under this section.
(4)The Inspector shall forthwith give
one portion of the
sample to the employer, send the second portion to a Government
Analyst for analysis and report thereon and retain the third
portion for production to the Court before which proceedings, if
any, are instituted in respect of the substance.
sample to the employer, send the second portion to a Government
Analyst for analysis and report thereon and retain the third
portion for production to the Court before which proceedings, if
any, are instituted in respect of the substance.
(5)Any document, purporting to be a
report under the hand of
any Government Analyst upon any "substance submitted to him
for analysis and report under this section, may be used as
evidence in any proceedings instituted in respect of the substance.
any Government Analyst upon any "substance submitted to him
for analysis and report under this section, may be used as
evidence in any proceedings instituted in respect of the substance.
85. Powers of Inspector in case of certain danger : (1)
If, in
respect of any matter for which
no express provision is made by or under this Act, it appears "to the Inspector that
any establishment or
any part thereof or any matter, thing or practice in or connected with the
establishment or with the control, management or direction thereof, is dangerous to human
life or safety or
thereof, is dangerous to human life or safety or defective so as threaten, or tend, to the
bodily injury of any person, he may give notice in writing thereof to the employer of the establishment, and shall state in
the notice the particulars in respect of which he considers the establishment, or part thereof, or the matter, thing or practice,
to be dangerous or defective and require the same to be remedied within such time and in
such manner as he
may specify in the notice.
(2) Without prejudice to the
generality of the provisions
contained in sub-section (1), the Inspector may, by order in
writing direct the employer prohibiting the extraction or
reduction of pillars in any part of such establishment if, in his
opinion, such operation is likely to .cause the crushing of pillars
or the premature collapse of any part of the workings or
otherwise endanger the establishment.
contained in sub-section (1), the Inspector may, by order in
writing direct the employer prohibiting the extraction or
reduction of pillars in any part of such establishment if, in his
opinion, such operation is likely to .cause the crushing of pillars
or the premature collapse of any part of the workings or
otherwise endanger the establishment.
(3) If the Inspector is of opinion
that there is urgent and
immediate danger to the life or safety of any person employed in
any establishment or part thereof, he may, by an order in writing
containing a statement of the grounds of his opinion, prohibit,
the employer concerned, until he is satisfied that the danger is
removed, the employment in or about the establishment or part
thereof of any person whose employment is not, in his opinion,
reasonably necessary for the purpose of removing the danger.
immediate danger to the life or safety of any person employed in
any establishment or part thereof, he may, by an order in writing
containing a statement of the grounds of his opinion, prohibit,
the employer concerned, until he is satisfied that the danger is
removed, the employment in or about the establishment or part
thereof of any person whose employment is not, in his opinion,
reasonably necessary for the purpose of removing the danger.
(4)The employer, if is aggrieved by
the order under sub-section
(3) may, within ten days of the receipt of the order, appeal against
the same to the Chief Inspector who may confirm, modify or
cancel the order.
(3) may, within ten days of the receipt of the order, appeal against
the same to the Chief Inspector who may confirm, modify or
cancel the order.
(5)The Inspector making an order
under sub-section (1) or (3),
shall forthwith report the same to the Government and shall
inform the employer concerned that such report has been so
made.
shall forthwith report the same to the Government and shall
inform the employer concerned that such report has been so
made.
(6) The Chief Inspector, shall
forthwith report to the
Government any order, except the order of cancellation passed by
him under sub-section (4), and shall also inform the employer
concerned that such report has been so made.
Government any order, except the order of cancellation passed by
him under sub-section (4), and shall also inform the employer
concerned that such report has been so made.
(7) Any employer, if has any
objection against any order made
under sub-section (1), or (3), or (4) may inform the Government
within 20 days of receipt of the order in writing with cause thereof
and the Government shall seut it to a Committee for decision.
under sub-section (1), or (3), or (4) may inform the Government
within 20 days of receipt of the order in writing with cause thereof
and the Government shall seut it to a Committee for decision.
(8) The employer shall comply with
the order against which
objection has been made untill such decision of the committee is
received.
objection has been made untill such decision of the committee is
received.
Provided
that on application made by the employer the order passed under sub-section (1) may
be suspended, till pending decision of the Committee.
86. Information about
dangerous building and machinery : (1)
Where any worker finds that any
machinery or building used by the workers in any establishment in which he is employed is in such a dangerous condition that it
is likely to cause physical injury to any worker at any time he shall inform the employer of it in writing immediately after it
has come to his notice.
(2)
If the employer fails to take appropriate action on such information within three days and
any injury is caused to any worker because of the use of such equipment, machinery or building, he shall be liable to
pay compensation to the worker injured at a rate which may be double the rate
of compensation payable
for such injury under Chapter XII.
87. Restriction of employment of women in certain work
; The provisions
of sections 39, 40 and 42 shall apply to a woman worker as they apply to an adolescent worker.
88. Power to make rules to supplement this Chapter :
The Government
may make rules requiring that-
(a) in any
establishment such further
devices and
measures for securing the safety of the persons
employed therein, shall be adopted;
measures for securing the safety of the persons
employed therein, shall be adopted;
(b) work on a manufacturing process
carried on with the
aid of power, shall not be begun, in any building or
part of a building in an establishment until a
certificate of stability in the prescribed form has been
received by the Chief Inspector.
aid of power, shall not be begun, in any building or
part of a building in an establishment until a
certificate of stability in the prescribed form has been
received by the Chief Inspector.
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