(1)Without prejudice to the provisions of any other rule the following rule and the Rules 131-A to 131-D shall apply to factories involving hazardous processes.(2)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 :-(a)Once before employment, to ascertain the health status of all the workers in respect of occupational health hazards to which they are exposed and in cases wherein the opinion of the Factory Medical Officer it is necessary to do so at a shorter interval in respect of any worker;(b)The details of pre-employment and periodical medical examinations carried out as aforesaid shall be recorded in the Health Register Form 21.(3)No person shall be employed for the first time without a certificate of Fitness in Form 32 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 himself is also a Certifying Surgeon, he may dispose of application himself.(4)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 be provided with alternate placement unless he is fully incapacitated, in the opinion of the Certifying Surgeon, in that case the worker effected shall be suitably rehabilitated :Provided that the Certifying Surgeon on his own examine any worker when he considers it necessary to do so far ascertaining the suitability of his employment in the 'hazardous process' or for ascertaining the health states of any worker.(5)The worker taken away from employment is 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 is the Health Register.(6)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) or if he is a Certifying Surgeon himself, conduct such medical examination. 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.(7)The worker required to undergo medical examination under these rules and for any medical survey conducted by or on before of the Central or the State Government shall not refuse to undergo such medical examination.
