(1)Workers employed in a 'hazardous process' shall be medically examined by a qualified medical practitioner hereinafter to as Factory Medical Officer, in the following manner:-(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 hazardous 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 or pre-employment and periodical medical examinations carried out as aforesaid shall be recorded in the Health Register in Form 17.(2)No person shall be employed in hazardous process for the first time without a Certificate of Fitness in Form 29 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.(3)Any findings of the Factory Medical Officer revealing any abnormality 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.(4)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 as prescribed in Appendix II and it shall be paid by the Occupier by way of Treasury remittance.(5)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.(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.
