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Certifying Surgeon as per Factories Act
Industrial undertakings involved in the manufacturing processes and hazardous occupations or processes wherein all sorts of workers may not be fit for such work. So, a certifying surgeon undertakes scrutiny of the fitness of the workers. As per the Factories Act, 1948, it is mandatory to get an employee health check-up done by a government-approved certifying surgeon.
Under the provisions of the Factories Act, 1948, a Certifying Surgeon is a qualified medical practitioner who certifies the fitness of workers of a factory. He is a practicing medical surgeon who provides fitness certificates to factory workers declaring them as fit to do the factory work.
After inspecting the manufacturing process, the certifying surgeon will prescribe tests to be performed at factory premises as specified in the Factories Act.
Qualifications of a Certifying Surgeon:
As per Section 10 of the Factories Act, 1948, the basic qualifications of a certifying surgeon are:
• He must be a qualified medical practitioner.
• He is appointed by the state government.
• He has to work within the local limits assigned to him.
• The certifying surgeon may delegate his powers to any qualified medical practitioner if permitted by the state government.
• A certifying surgeon is disqualified if he becomes an owner or an employee of the factory, or he acquires any direct or indirect interest in the factory or any patent or machine of the factory.
Duties of a Certifying Surgeon:
Section 10 (4) of the Factories Act, 1948, provides for various duties of a certifying surgeon, such as:
1. He has to examine the young persons employed, or to be employed, in a factory.
2. He has to examine the persons engaged in any dangerous occupation or hazardous processes in a factory. For such examinations, the certifying surgeon has to visit the factory at regular intervals, examine the persons, and then record the result of his fitness examination in the Health Register. This register is kept with the factory manager and produced to the certifying surgeon at each visit.
3. He has to exercise medical supervision:
a. when cases of illness occur due to the nature of manufacturing processes or the working conditions of the factory
b. when there is a change in the manufacturing process or adoption of new manufacturing processes using any substances which are likely to cause injury to the health of the workers.
c. when young persons are employed (or about to be employed) in any work which is likely to cause injury to their health.
Step-by-Step Process To Grant Fitness Certificate:
Section 69 of the Factories Act, 1948, lays the provisions under which the certifying surgeon may grant a certificate of fitness to the young workers and may also renew such fitness certificates. The following is the step-by-step process:
Step 1:The certifying surgeon may examine the health and fitness of a young person:
• when the application is made by the young person himself (or by his parents or guardian) along with a document signed by the manager of the factory
• when requested by the manager of the factory
Step 2: After examination, the certificate of fitness has to be granted or renewed in a prescribed form. The certifying surgeon certifies the applicant
Step 3: The certificate granted or renewed has a validity of twelve months subject to certain conditions based on the nature of the work.
Step 4:The certifying surgeon may refuse to grant a certificate, or revoke the granted/renewed certificate when he believes that the person is no more fit for work. He has to inform the reason for such refusal or revocation in writing at the request of the applicant.
Step 5: On grant or renewal of the certificate, the young person will not be allowed to work in any factory except following the conditions of the fitness certificate.
Step 6:The fee for certificate or examination is to be paid by the factory owner and not by the young person.
At Progno Health, we have several authorized certified surgeons on our panel pan India to issue the certificate of fitness as per the Factories Act, 1948. If you are a manufacturing company engaged in hazardous processes, then contact PrognoHealth to have our certifying surgeon do health check-ups for your employees. We provide both pre-employment and annual health checks or occupational health checks or regular employee health check-ups based on the nature of the work.Â
Navigating the Role of Certifying Surgeons Under the Factories Act 1948 in Indian Industries
In Indian industries governed by the Factories Act 1948, the presence of a Certifying Surgeon holds paramount importance. These medical professionals, officially recognized under the Factories Act, play a pivotal role in safeguarding the health and well-being of workers. Let’s delve into the significance, duties, and requirements of Certifying Surgeons, as mandated by Section 10 of the Factories Act 1948.
Who is a Certifying Surgeon under the Factories Act?
Certifying Surgeons, also known as Certified Surgeons, are qualified medical practitioners appointed under the Factories Act 1948. Their appointment is integral to ensuring compliance with the occupational health standards outlined in the Act. These professionals are responsible for conducting medical examinations, issuing fitness certificates, and upholding the health of workers within factory environments.
Duties of Certifying Surgeons:
Pre-Employment and Periodic Medical Examinations: Certifying Surgeons conduct thorough medical examinations of workers before employment and at regular intervals thereafter. These examinations assess the worker’s fitness for the tasks assigned and detect any occupational health hazards or illnesses.
Fitness Certification: Based on the medical examinations, Certifying Surgeons issue certificates of fitness to workers, affirming their ability to perform assigned tasks without compromising their health and safety.
Health Education: Certifying Surgeons educate workers about occupational health risks and preventive measures, fostering a safer work environment and reducing the incidence of work-related illnesses or injuries.
Certifying Surgeon under Factories Act 1948:
Section 10 of the Factories Act 1948 explicitly outlines the appointment and duties of Certifying Surgeons. It mandates the presence of these medical professionals in factories to oversee the health and well-being of workers. Additionally, Section 69 of the Act emphasizes the importance of medical officers within factory settings.
Requirements and Qualifications:
The Factories Act 1948 specifies the qualifications and requirements for Certifying Surgeons and medical officers appointed within factories. These professionals must possess the necessary medical qualifications and expertise to fulfill their duties effectively.
Certificate of Fitness:
Under the Factories Act, the Certificate of Fitness issued by Certifying Surgeons holds significant legal and regulatory importance. It serves as evidence of a worker’s fitness for specific tasks within the industrial setting, ensuring compliance with industrial laws and regulations.
Conclusion:
Certifying Surgeons, as mandated by the Factories Act 1948, play a crucial role in ensuring the health and safety of workers in Indian industries. Their duties encompass conducting medical examinations, issuing fitness certificates, and providing health education. Compliance with Section 10 of the Act is essential for the appointment and effective functioning of Certifying Surgeons, contributing to a safer and healthier working environment.
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