To All HR Seniors, I have one query on workers' medical examination or Health Check as per The Factories Act, 1948. Section 87-c does not say any time period of medical examination and does not say that it is mandatory.
Please help me on this issue by citing relevant rules/sections/acts which say the time period and completion of the medical examination of workers.
Regards
From India, Thane
1Please help me on this issue by citing relevant rules/sections/acts which say the time period and completion of the medical examination of workers.
Regards
From India, Thane
Dear Colleague, The Factories Act 1948 section 87 c has to be read along with the Maharastra Factories Rules 1963 ( Rule 73 V) for getting the clarity on your question. Any Act when we read has to be read along with the relevant Rules framed by the respective Government for more clarity and on the Administration part. Here the Medical Examination in case of hazardous process is mandatory and it has to be done once in 6 months. There are other responsibilities are also specified under Rule 73 V. Kindly have a reading on these provisions and get clarified.
Act : Sec 87. Dangerous operations.—Where the State Government is of opinion that any [manufacturing process or operation] carried on in a factory exposes any persons employed in it to a serious risk of bodily injury, poisoning or disease, it may make rules applicable to any factory or class or description of factories in which the [manufacturing process or operation] is carried on—
(a) specifying the [manufacturing process or operation] and declaring it to be dangerous;
(b) prohibiting or restricting the employment of women, adolescents or children in
the [manufacturing process or operation];
(c) providing for the periodical medical examination of persons employed, or seeking to be
employed, in the [manufacturing process or operation], and prohibiting the employment or persons not certified as fit for such employment [and requiring the payment by the occupier of the factory of fees for such medical examination];
73-V. Medical Examination - (l) Workers employed in a 'hazardous process' shall be medically
examined ,by a qualified medical practitioner hereinafter referred to as Factory Medical Officer, in
the following manner, namely:-
(a) once before employment to ascertain physical fitness of the person to do the particular job,
(b) 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 worker,
(c) the details of pre-employment and periodical medical examinations carried out as aforesaid shall be recorded in the Health Register in Form 7.
(2) No person shall be employed for the first time without a certificate of Fitness in Form 6 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 Certifying Surgeon whose opinion shall be final in this regard.
(3) 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, examined 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 examine 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 fully incapacitated, in the opinion of the Certifying Surgeon, in which case the worker affected shall be suitably rehabilitated
Provided that, the Certifying Surgeon on his own may examine any worker when he considers it
necessary to do so for ascertaining the suitability of his employment in the 'hazardous process' or for ascertaining the health status of any worker.
(4) 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
(5) An Inspector may, if he deems it necessary "to do so, refer a worker to the Certifying Surgeon for Medical Examination as required under sub-rule (1). 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.
(6) 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.
From India, Chennai
Act : Sec 87. Dangerous operations.—Where the State Government is of opinion that any [manufacturing process or operation] carried on in a factory exposes any persons employed in it to a serious risk of bodily injury, poisoning or disease, it may make rules applicable to any factory or class or description of factories in which the [manufacturing process or operation] is carried on—
(a) specifying the [manufacturing process or operation] and declaring it to be dangerous;
(b) prohibiting or restricting the employment of women, adolescents or children in
the [manufacturing process or operation];
(c) providing for the periodical medical examination of persons employed, or seeking to be
employed, in the [manufacturing process or operation], and prohibiting the employment or persons not certified as fit for such employment [and requiring the payment by the occupier of the factory of fees for such medical examination];
73-V. Medical Examination - (l) Workers employed in a 'hazardous process' shall be medically
examined ,by a qualified medical practitioner hereinafter referred to as Factory Medical Officer, in
the following manner, namely:-
(a) once before employment to ascertain physical fitness of the person to do the particular job,
(b) 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 worker,
(c) the details of pre-employment and periodical medical examinations carried out as aforesaid shall be recorded in the Health Register in Form 7.
(2) No person shall be employed for the first time without a certificate of Fitness in Form 6 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 Certifying Surgeon whose opinion shall be final in this regard.
(3) 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, examined 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 examine 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 fully incapacitated, in the opinion of the Certifying Surgeon, in which case the worker affected shall be suitably rehabilitated
Provided that, the Certifying Surgeon on his own may examine any worker when he considers it
necessary to do so for ascertaining the suitability of his employment in the 'hazardous process' or for ascertaining the health status of any worker.
(4) 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
(5) An Inspector may, if he deems it necessary "to do so, refer a worker to the Certifying Surgeon for Medical Examination as required under sub-rule (1). 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.
(6) 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.
From India, Chennai
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