The Act stipulates that every factory must provide for the...Read More
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.
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.
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.
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.