Section 21 (Rule 54) of Factories Act 1948 - Rule 2-A
Schedule VI of the Gujarat Factories Rule 1963
1. Application:-
The Schedule shall apply to all types of power-Presses including press brakes except when used for working hot metal.
2. Definitions:-
For the purpose of the Schedule:-
(a) "approved" means approved by the Chief Inspector;
(b) "fixed fencing" means fencing provided for the tools of a power press being fencing which has no moving part associated with a dependent upon the mechanism of a power and includes that part of a closed tool which acts as a guard;
(c) "power press" means a machine used in metal or other industries for mounding, pressing, blanking, raising drawing and similar purposes;
(d) "safety device" means the fencing and any other safeguard provided for the tools of a power press.
3. Starting and stopping mechanism:-
The starting and stopping mechanism shall be provided with a safety stop so as to prevent over running of the press or descent of the ram during tool setting, etc.
4. Protection of tool and die:-
(1) Each press shall be provided with a fixed guard with a slip plate on the underside enclosing the front and all sides of the tool.
(2) Each die shall be provided with a fixed guard surrounding its front and sides, and extending to the back in the form of a tunnel through which the pressed article falls to the rear of the press.
(3) The design, construction and mutual position of the guards referred to in (1) and (2) shall be such as to preclude the possibility of the worker's hand or fingers reaching the danger zone.
(4) The machine shall be fed through a small aperture at the bottom of the die guard, but a wider aperture may be permitted for second or subsequent operations if feeding is done through a chuta.
(5) Notwithstanding anything contained in sub-clauses (1) and (2). And automatic or an interlocked guard may be used in place of a fixed guard, but where such guards are used they shall be maintained in an efficient working condition and if any guard develops a defect, the power shall not be operated unless the defect of the guard is removed.
5. Appointment of persons to prepare power presses for use:-
(1) Except as provided in sub-paragraph (4), no person shall set, adjust or try out the tools on a power press or install or adjust any safety device thereon, being installation or adjustment preparatory to production of die proving, or carry out an inspection and test of any safety device thereon required by paragraph 8 unless he:-
(a) has attained the age of eighteen years;
(b) has been trained in accordance with sub-paragraph (2), and
(c) has been appointed by the occupier of the factory to carry out those duties in respect of the class or description of power press or the class or description of safety device to which the power press or the safety device" (as the case may be) belongs; and the name of every such person shall be entered in a register in Form No. 8.
(2) The training shall include suitable and sufficient practical instruction in the matters relating to each type of power press and safety device in respect of which it is proposed to appoint the person being trained.
6. Examination and testing power presses and safety device:-
(1) No power press or safety device shall be taken into use in any factory for the first time on any power press, unless it has been thoroughly examined and tested, in the case of a power press, after installation in the factory, or in the case of safety device, when in position on the power press in connection with which it is to be used.
(2) No power press shall be used unless it has been thoroughly examined and tested by a competent person within the immediately preceding period of twelve months.
(3) No power press shall be used unless every device (other than fixed fencing) thereon has within the immediately preceding period of six months when in position on that power press, been thoroughly examined and tested by competent person.
(4) The competent person carrying an examination and test under the foregoing provision shall make a report of the examination and test containing the following particulars and every such report shall be kept readily available for inspection:
(a) name of the occupier of the factory;
(b) address of the factory;
(c) identification number or mark sufficient to identity the power press or the safety device;
(d) date on which the power or the safety device was first taken into use in the factory;
(e) the date of each periodical thorough examination carried out as per requirements of subparagraph (2) above
(f) particulars of any defects effecting the safety of the power press or the safety device found at any such thorough examination and steps taken to remedy such defects.
7. Defects disclosed during a thorough examination and test
(1) Where any defect is disclosed in any power press or in any safety device by any examination and test under paragraph 6 and in opinion of the competent person carrying out the examination and test, either:-
(a) the said defect is a cause of danger to workers and in consequence, the power press or safety device (as the case may be) ought not to be used until the said defect has been remedied; or
(b) the said defect may become a cause of danger to workers and in consequence the power press or safety device (as the case may be) ought not to be used after the expiration of a specified period unless the said defect has been remedied, such defect shall, as soon as possible after the completion of the examination and test, be notified, in writing by the competent person to the occupier of the factory and, in the case of a defect falling within clause (b) of this sub-paragraph, such notification shall include the period which, in the opinion of the competent person, the defect ought to be remedied.
(2) In every case where notification has been given under this paragraph, a copy of the report made under paragraph 6(4) shall be sent by the competent person to the Inspector of the area within fourteen days of the completion of the examination and test.
(3) Where any such defect is notified to the occupier in accordance with the foregoing provisions of this paragraph, the power press or safety device (as the case may be) having the side defect shall not be used:—
(a) in the case of defect falling within clause (a) of sub-paragraph (1), until the said defect has been remedied, and
(b) In the case of defect falling within clause (b) of sub-paragraph (1), after the expiration of the specified period unless the said defect has been remedied.
(4) As soon as is practicable after any defect of which notification has been given under subparagraph (1) has been remedied, a record shall be made by or on behalf of the occupier stating the measures by which and the date on which the defect was remedied.
8. Thin walled pressure vessel or plant:-
(a) In respect of any pressure vessel or plant or thin walls such as seizing cylinder made of copper or any other non-ferrous metal, the maximum permissible working pressure for every year or use after the first five years and no such cylinder shall be allowed to continue to be used for more than twenty years after it was first taken into use.
(b) If any information as to the date of construction, thickness of walls or maximum permissible working pressure is not available the age of such pressure vessel or plant shall be determined by the competent person in consultation with the Chief Inspector from the other particulars available with the manager.
(c) Every new and second hand pressure vessel or plant of thin walls to which repair is likely to effect its strength or safety have been carried out, shall be tested before use to at least 1.5 times its maximum permissible working pressure.
9. Report by competent person:-
(a) If during any examination any doubt arises as to the ability of the pressure vessel or plant to work safely until the next prescribed examination, the competent person shall enter in the prescribed register his observations and conclusions with other relevant remarks with reasons and may authorise the pressure vessel or plant to be. used and kept in operation subject to a lowering of maximum permissible working pressure, or to more frequent or special examination or test or subject to both of these conditions.
(b) A report of every examination or test carried out shall be completed in Form No. 11 and shall be signed by the person making the examination or test and shall be kept available for perusal by the Inspector at all hours when the factory or any part thereof is working.
(c) Where the report of any examination under this rule specifies any condition for securing the safe working of any pressure vessel or plant the pressure vessel or plant shall not be used unless the specified condition is fulfilled.
(d) The competent person making report of any examination under this rule shall within seven days of the completion of the examination send to the Inspector a copy of the report in every case where the maximum permissible working pressure is reduced or the examination shows that the pressure vessel or plant or any part thereof cannot continue to be used with safety unless certain repairs are carried out or unless any other safety measure is taken.
10. Identification of power presses and safety devices:-
For the purpose of identification, every power press and every safety device provided for the same shall be distinctively and plainly marked.
11. Training and instructions to operators:-
The operators shall be trained and instructed in the safe method of work before starting work on any power press.
12. Exemptions:-
(1) If in respect of any factory, the Chief inspector is satisfied that owing to the circumstances or infrequency of the processes or for any other reason, all or any of the provision of this schedule are not necessary for the protection of the workers employed on any power press or any class or description of power press or in the factory, the Chief inspector may by a certificate in writing (which he may in his discretion revoke at any time), exempt such factory from all, or any of such provisions subject to such conditions, if any, as he may specify therein.
(2) Where such exemption is granted, a legible copy of the certificate, showing the conditions (if any) subject to which it has been granted, shall be kept posted in the factory in a position where it may be conveniently read by the person employed.