Draft Amendment to the Tamil Nadu Factories Rules
The Labour and Employment Department, Government of Tamil Nadu, issued G.O. Ms. No. 152, Labour and Employment (M2), dated 7 September 2017, publishing a draft amendment to the Tamil Nadu Factories Rules, 1950. The draft proposes compulsory medical examinations, fitness certification and health records for workers who mix, fill or handle chemicals in fireworks factories, and was published for public objections and suggestions before government consideration.
What the notification does
The Draft Amendment to the Tamil Nadu Factories Rules was published in the Tamil Nadu Government Gazette on 27 September 2017. It proposes to insert paragraph 12-B in Schedule XXIV under rule 95 of the Tamil Nadu Factories Rules, 1950.
The proposal concerns occupational health safeguards in fireworks factories. It does not contain provisions about land ownership, registration, planning permission or land use. Property buyers are unlikely to be directly affected unless the property is operated as a fireworks factory covered by the proposal.
Who would be affected
The proposed requirements apply to every worker employed in mixing, filling and handling chemicals in fireworks factories. They also place record keeping and compliance responsibilities on factory managers and involve examinations and certification by a Certifying Surgeon.
Key proposed requirements are:
- A worker must be medically examined by a Certifying Surgeon within fifteen days of first employment.
- The initial examination must include a skin test for dermatitis, a pulmonary function test and a chest X-ray.
- A worker cannot continue in that employment after fifteen days unless certified fit by the Certifying Surgeon.
- Each covered worker must be re-examined at least once every six months.
- Further tests may be included when the Certifying Surgeon considers them appropriate. A chest X-ray is to be conducted once every three years.
Certificates, records and unfit workers
The proposed amendment requires the Certifying Surgeon to issue a Certificate of Fitness in Form No. 27. Examination details, including the nature and results of tests, must also be recorded in a Health Register in Form No. 17.
The factory manager must keep the fitness certificate, and both the certificate and Health Register must be readily available for inspection by the Inspector.
If continued work would create a special danger to a worker's health, the Certifying Surgeon may find the worker unfit and record the period of unfitness. The factory must provide alternate placement unless the worker is fully incapacitated, in which case suitable rehabilitation must be provided. A worker found unfit cannot return to the covered processes until certified fit after a further examination.
Draft consultation
The Labour and Employment Department allowed forty five days from Gazette publication before considering the draft. Objections or suggestions were to be submitted in duplicate to the Principal Secretary to Government through the Director of Industrial Safety and Health at the addresses stated in the notification.
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Common questions
Does this Gazette notification change land ownership or planning rules?
No. The notification proposes worker health and safety requirements for chemical handling processes in fireworks factories. It does not address land ownership, registration, planning permission or land use.
Which fireworks factory workers are covered by the draft?
The draft covers every worker employed in mixing, filling and handling chemicals in fireworks factories.
How often must a covered worker be medically examined?
The proposed initial examination must occur within fifteen days of first employment. Re-examination is required at least once every six months, while a chest X-ray is to be conducted once every three years.
Can a worker found medically unfit return to chemical handling work?
Not until a Certifying Surgeon conducts a further examination and certifies the worker fit for those processes. Alternate placement must be provided unless the worker is fully incapacitated, in which case suitable rehabilitation is required.
