Health and Environmental Legislation
Health and Environmental Legislation
The State Government may after consultation with the State Pollution Control Board,
notify any area as air pollution control area for the purposes of this Act, prohibit the
use of any polluting fuel in any area, require use of an approved appliance, prohibit
burning of any polluting material in any area (S.19) and instruct the motor vehicles
authority to ensure compliance of the standards of automobiles emission laid down by
the State Board (S.20).
No industrial plant shall be established or operated without the previous consent of the
State Board. An application for consent should be in a prescribed form The State Board
can grant or refuse within 4 months, or cancel any existing consent or refuse further
consent after expiry if the conditions are not fulfilled.
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Every person getting consent has to comply with the following conditions:
1. The control equipment approved by the State Board should be installed and
operated.
2. The existing control equipment shall be altered or replaced as per the directions
of the State Board.
3. The control equipment should be maintained at all times in good running
condition. 4. Chimney, approved by the State Board shall be erected or re-erected.
4. Such other conditions as the State Board may specify.
5. The conditions should be fulfilled within a stipulated time.
Due to any technological improvement or otherwise the State Board can vary its
conditions. If the consent is transferred to another person, the transferee will be
responsible for compliance (S 21).
Standards laid down by the State Board shall not be exceeded (S.22). The Board has
power to approach the court for restraining persons from causing air pollution. The
court can direct that person to stop pollution or authorize the Board to implement the
direction at the cost of that person (S.22A)
An accident, unforeseen act or event of emission beyond the prescribed standard shall
be forthwith intimated to the State Board and to the prescribed authorities, who shall
take, as early as practicable, remedial measures to mitigate that emission at the cost of
the person concerned (S. 23).
Board officers have power of entry and inspection to check conditions, control
equipment, industrial plant record, register, document, material etc (S.24) and can call
for any information regarding types and level of emission and any compliance
necessary (S 25), can take samples of air or emission in the manner prescribed and can
send the sample to the laboratory for analysis (S. 26).
d) Explain the important safety features of boilers as per Indian boilers act 1923.
BOILERS ACT, 1923:
The Boilers Act (No. 5 of 1923) was notified on 4-12-1923. It came into force from 1 1-
1924. It has 34 sections. It is amended by the Act No. 49 of 2007 which became effective by
Notification dtd. 13-12-2007 Section 2 of the Act defines as under:
Boiler means a pressure vessel in which steam is generated for use external to itself by
application of heat which is wholly or partly under pressure when steam is shut off but does
not include a pressure vessel
1. with capacity <25 liters (such capacity being measured from the feed check valve
to the main steam stop valve)
2. with <I kg/cm' design gauge pressure and working gauge pressure or
3. in which water is heated below 100 °C
Boiler Component means steam piping, feed piping, economizer. nonser, super heater, any
mounting or other fitting and any other external or internal part of a boiler which is subject
to pressure exceeding 1 kg/cm2 gauge Economizer means any part of a feed-pipe that is
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wholly or partially exposed to the action of flue gas for the purpose of recovery of waste
heat Super heater means any equipment which is partly or wholly exposed to flue gases for
the purpose of raising the temperature of a steam beyond the saturation temperature at the
pressure and includes a reheater.
Steam Pipe: means any pipe through which stream passes if (i) The pressure at which steam
passes through such pipe exceeds 3.5 kg/ m2 above atmospheric pressure or (ii) Such. pipe
exceeds 254 mm in internal diameter and pressure > I kg/cm2 and includes, in either case
any connected fitting of a steam pipe. VIRONMEN
Accident as defined u/s 2(a) means an explosion of boiler or boiler component which is
calculated to weaken the strength or an uncontrolled release of water or steam there from,
liable to cause death or injury to any person or damage to any property.
Sec. 18 requires report of accident and inquiry in case of fatal accident.
New definitions of Competent authority, Competent person. Inspecting authority. Technical
advisor and structural alteration, addition or renewal are added.
Now not only boiler inspector but competent person can also inspect and certify boiler and
its components during manufacture, erection and use. Inspecting authority can do this job
during manufacture
Unregistered or uncertified boiler shall not be used save as otherwise provided in the
Act. Prior sanction of the Chief Inspector is necessary before carrying out any structural
alteration, addition or renewal in or to any boiler or steam pipe. Any accident to a boiler or
steam pipe shall be reported to the Inspector within 24 hours. His report shall be in form E
(Rule 48).
Section 27A provides to form a Central Boiler Board consisting of members, nominating by
the Central Government the representatives from the Central Government, Bureau of Indian
Standards, Boiler and boiler component manufacturers. Users and other interests.
Section 28 provides power and matters of regulations by the Board. Sec. 28Aand 29 are for
the rule making power of Central and State Govt. respectively. Central Boilers Board makes
and notifies regulations consistent with this Act. The main duties of the Boiler Inspector are
the inspection and examination of boilers and steam-pipes in accordance with chapter IX of
the Regulations and Chapter IV and V of the Gujarat Boiler Rules 1966. Reduction of
pressure can be suggested. Sanction for repairs to boilers shall be obtained beforehand.
Provisional orders should be issued after hydraulic tests.
e) State benefits of ESIC act and rules for the workers in the factories.
Medical Benefit : Full medical care is provided to an Insured person and his family
members from the day he enters insurable employment. There is no ceiling on
expenditure on the treatment of an Insured Person or his family member. Medical care
is also provided to retired and permanently disabled insured persons and their spouses
on payment of a token annual premium of Rs.120/- .
Sickness Benefit (SB) : Sickness Benefit in the form of cash compensation at the rate
of 70 per cent of wages is payable to insured workers during the periods of certified
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sickness for a maximum of 91 days in a year. In order to qualify for sickness benefit
the insured worker is required to contribute for 78 days in a contribution period of 6
months.
Extended Sickness Benefit (ESB): SB extendable upto two years in the case of 34
malignant and long-term diseases at an enhanced rate of 80 per cent of wages.
Enhanced Sickness Benefit : Enhanced Sickness Benefit equal to full wage is payable
to insured persons undergoing sterilization for 7 days/14 days for male and female
workers respectively.
Maternity Benefit (MB) : Maternity Benefit for confinement/pregnancy is payable for
Twenty Six (26) weeks, which is extendable by further one month on medical advice at
the rate of full wage subject to contribution for 70 days in the preceding Two
Contribution Periods.
Disablement Benefit
Temporary disablement benefit (TDB) : From day one of entering insurable
employment & irrespective of having paid any contribution in case of employment
injury. Temporary Disablement Benefit at the rate of 90% of wage is payable so long
as disability continues.
Permanent disablement benefit (PDB): The benefit is paid at the rate of 90% of wage in
the form of monthly payment depending upon the extent of loss of earning capacity as
certified by a Medical Board
Dependants Benefit (DB) : DB paid at the rate of 90% of wage in the form of monthly
payment to the dependants of a deceased Insured person in cases where death occurs
due to employment injury or occupational hazards.
Other Benefits :
Funeral Expenses : An amount of Rs.15,000/- is payable to the dependents or to the
person who performs last rites from day one of entering insurable employment.
Confinement Expenses : An Insured Women or an I.P. in respect of his wife in case
confinement occurs at a place where necessary medical facilities under ESI Scheme are
not available.
In addition, the scheme also provides some other need based benefits to insured
workers.
Vocational Rehabilitation :To permanently disabled Insured Person for undergoing
VR Training at VRS.
Physical Rehabilitation : In case of physical disablement due to employment injury.
Old Age Medical Care : For Insured Person retiring on attaining the age of
superannuation or under VRS/ERS and person having to leave service due to
permanent disability insured person & spouse on payment of Rs. 120/- per annum.
Rajiv Gandhi Shramik Kalyan Yolanda : This scheme of Unemployment allowance
was introduced w.e.f. 01-04-2005. An Insured Person who become unemployed after
being insured three or more years, due to closure of factory/establishment,
retrenchment or permanent invalidity are entitled to :-
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6. In May 2002, the National Occupational Health and Safety Commission released
the National OHS Strategy 2002-2012. The Strategy commits Commonwealth,
State and Territory governments, industry, the Australian Council of Trade
Unions (ACTU) and the Australian Chamber of Commerce and Industry (ACCI)
to work together on national priorities to improve occupational health and The
Convention: moves from prescriptive, industry-specific regulation, to a legislative
framework covering all employers, employees and workplaces imposes general
duties on employers, employees and others to ensure workplace safety establishes
workplace arrangements for employee participation in safety issues.
g) Explain qualities of safety officer as per factory act.
The duties of the Safety Officer shall be to advise and assist the factory management in the
fulfillment of its obligation, statutory or otherwise, concerning prevention of personal
injuries and maintaining a safe working environment. These duties shall include the
following namely –
(i) to advise the concerned departments in a factory in planning and organising
measures necessary for the effective control of personal injuries.
(ii) to check and evaluate the effectiveness of the action taken or proposed to be taken
to prevent personal injuries.
(iii) to advise on safety aspects in all job studies, and to carry out detailed job safety
studies of selected jobs
(iv) to advise the purchasing and stores department in ensuring high quality and
availability of personal protective equipment;
(v) to provide advice on matters related to carrying out plant safety inspections ;
(vi) to carry out plant safety inspections in order to observe the physical conditions of
work and the work practices and procedures followed by the workers and to
render advice on measures to be adopted for removing unsafe physical conditions
and preventing unsafe actions by workers
(vii) to render advice on matters related to reporting and investigation of industrial
accidents and diseases
(viii) to investigate selected accidents
(ix) to investigate the case of industrial diseases contracted and dangerous
occurrences under Rule96
(x) to advise on the maintenance of such records as are necessary relating to
accidents, dangerous occurrences and industrial diseases ;
(xi) to promote setting up of safety committees and act as adviser and catalyst to such
committees
(xii) to organise in association with the concerned departments campaigns,
competitions, contests and other activities which will develop and maintain the
interest of the workers in establishing and maintaining safe conditions of work
and procedures ; and
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(xiii) to design and conduct either independently or in collaboration with the training
department, suitable training and educational programmes for the prevention of
personal injuries.
(5) Facilities:- An occupier of the factory shall provide each Safety Officer with such
facilities, equipment and information as are necessary to enable him to discharge his duties
effectively.
(6) Prohibition of Performance of other duties..- No Safety Officer shall be required or
permitted to do any work which is inconsistent with or detrimental to the performance of the
duties prescribed in sub-rule (4).
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3. Notwithstanding anything contained in sub-rule (2), the chief Inspection may required
the 4 occupiers of any of the factories or class or description of factories to comply
with the requirements of sub-rule (1), if, in his opinion, it is expedient to do so.
4. The Health and Safety Policy should contain or deal with.
Declared intention and commitment of the top management to health, safety and
environment and compliance with all the relevant statutory requirement;
Organizational set up to carry out the declared policy clearly assigning the
responsibility
Arrangement for making the policy effective.
Trestle scaffold and cantilever scaffold.:--The employer shall ensure at a construction site
of a building or other construction work that
(a) no trestle scaffold is constructed with more than three tiers or if its working
platform is more than four point five metres above the ground or floor or other
surface upon which such scaffold is erected, such trestle scaffold is designed by
professional engineer and has the approval of Director General before being taken
into use;
(b) no trestle scaffold is erected on a suspended scaffold;
Scaffold supported by building :- The employer shall ensure at a construction site of a
building or other construction work that
(a) no part of a building is used as support or part of a scaffold unless such part of the
building is made of sufficient strength and made of sound material to afford safe
support;
(b) overhanging eaves gutters are not used for supporting scaffold;
(c) suspended scaffold is made of in accordance with the relevant national standards
before being used by the building workers.
Use of winches and climbers for suspended scaffold:- The employer shall ensure at a
construction site of a building or other construction work that
(a) no suspended scaffold is raised or lowered by winches or climbers unless such
scaffold is made of sound material, adequate strength and has been tested and
certified safe for use of winches or climber for such raising or lowering by a
competent person before being taken into use;
Safety devices for suspended scaffold: -The employer shall ensure at a construction site of
a building or other construction work that every suspended scaffold raised or lowered by the
winches or climbers, is provided at each of its suspension point with a safety rope with
automatic safety device mounted on each of such rope so that such safety rope with such
automatic safety device supports the platform of such scaffold in the event of failure of the
primary suspension wire ropes, winches, climbers or any part of the mechanism used for
raising or lowering such suspended scaffold:
d) Explain the role of district crisis group as per chemical accidents (Emergency
preparedness planing and response) rules 1996.
Corporation,
Transport
Public Health Engineering - Rep. SPCB-Rep.
District Agriculture Officer 4 Industrial Safety & Health Experts.
Functions
Apex body in the district.
Assist in preparation of district off-site
Review on-site emergency plans.
Assist district administration in the management of chemical accidents.
Continuously monitor every chemical accident.
Ensure continuous information flow to CCG and DCG regarding accident situation
and mitigation efforts.
Forward report of accident to SCG.
Conduct at least one full scale mock drill of a chemical accident at a site. each year.
An Act to provide for public liability insurance for the purpose of providing
immediate relief to the persons affected by accident occurring while handling any
hazardous substance and for matters connected therewith or incidental there to.
For the purposes of this sub-section, “paid-up capital” means, in the case of an
owner not being a company, the market value of all assets and stocks of the
undertaking on the date of contract of insurance.
(2B) The liability of the insurer under one assurance policy shall not exceed the
amount specified in the terms of the contract of insurance in that insurance policy.
(2C) Every owner shall also, together with the amount of premium, pay to the insurer,
for being credited to the Relief Fund established under section 7A, such further
amount, not exceeding the sum equivalent to the amount of premium, as may be
prescribed.(2D) The insurer shall remit to the authority specified in sub-section (3) of
section 7A the amount received from the owner under sub-section (2C) for being
credited to the Relief Fund in such manner and within such period as may be
prescribed and where the insurer fails to so remit the amount, it shall
be recoverable from insurer as arrears of land revenue or of public demand. The
Central Government may, by notification, exempt from the operation of sub-section
(1) any owner, namely: -
(a)the Central Government;
(b)any State Government,
union organisations with a special knowledge of the subject Participates in the worker's
group it has become the tradition that one such observer is elected secretary of the group
and, is informally recognized as having a special position in the plenary sessions of the
committee. These committees are:
1. The Credential Committee.
2. The Selection Committee.
3. The Resolution Committee.
4. A Committee for the application of Conventions and Recommendations:
5. The Drafting Committee.
6. The Committee on Standing Order. 7. The Finance Committee
Functions of ILC:
i. To formulate International Labour Standards. ii. To fix the amount of contribution by the
member states. iii. To decide the expenditure budgeted estimate proposed by the Director-
General and submitted to the Governing Body. iv. To make amendments to the constitution
subject to subsequent ratification of the amendment by 2/3 member states including 5 of the
10 states of industrial importance. V. To consider the report of the director General giving
labour problems and assists in their solution. vi. To appoint committees to deal with
different matters doing each session. VII. To select once in 3 years members of the
Governing Body VIII. To elect its President. IX. To seek an advisory opinion from the
International Committee of justice. X. To confirm the powers, functions and procedure of
Regional Conference.
4. Attempt any TWO of the following
a) What is M.S.D.S.? Write the contents of M.S.D.S.
Material Safety Data Sheet (MSDS)
Format of MSDS:
For proper identification of material hazards a material safety data sheet should be prepared
and supplied with each chemical so that its safety precautions can be well understood. A
specimen form is given below:
1. Chemical Identity:
1. Name of the Chemical.
2. Formula
3. Synonyms
4. Trade name
5. Chemical Classification
6. Regulated identification.
7. Shipping Name, Codes/Label CAS No.
2. Physical & Chemical Data:
1. Appearance, State, Odour etc.
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b) Explain the provisions related to fire fighting on construction site as per BOCW act
1996.
Fire protection:-An employer shall ensure at a construction site of a building or other
construction work that—
(a) such construction site is provided with—
(i) fire extinguishing equipment sufficient to extinguish any probable fire at such
construction site;
(ii) an adequate water supply at ample pressure as per national standards;
(iii) number of trained persons required to operate the fire
extinguishing equipment provided under sub-clause (i);
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name and telephone number of the consignor of the dangerous or hazardous goods or of
some other person from whom expert information and advice can be obtained concerning the
measures that should be taken in the event of emergency. Every class label and emergency
information panel (EIP) shall be marked on the goods carriage and shall be kept free and
clean from obstruction at all times.
c) Explain calcium carbide rule.
(A) Objective:
Compressed gases filled in metallic container pose potential hazard and the container
explodes. Hence, the Govt. of India vide Notification No.G.S.R. 105(E) dated 28/09/1938
has declared compressed gas filled in a metallic container to be deemed to be an explosive
under Petroleum Act, 1934. Subsequently, in exercise of powers vested in Section 4 of the
Petroleum Act, 1934, the Govt. framed the CALCIUM CARBIDE RULES, 1987 to regulate
filling, possession, transport and import of compressed gases in pressure vessels.
(B) Definitions.- In these rules, unless the context otherwise required
(a) "Act" means the Petroleum Act, 1934 (30 of 1934);
(b) "Carbide" means Calcium Carbide;
(c) "Chief Controller" means the Chief Controller of Explosives;
(d) "Conservator of the Port" includes any person acting under the authority of the
officer or body of persons appointed to be Conservator of a Port under section 7
of the Indian Ports Act, 1908 (15 of 1908);
(e) "Controller of Explosives" includes a Joint Deputy Chief Controller of Explosives
and Deputy Controller of Explosives;
(f) 'District Authority" means
(a) a Commissioner of Police or Deputy Commissioner of Police in any town having
a Commissioner of Police; and
(b) in any other place, the District Magistrate;
(g) "District Magistrate" includes an Additional District Magistrate and in the State
of Punjab and Haryana and in the Karaikal, Mahe and Yanam areas of the Union
territory of Pondicherry, also includes a Sub-divisional Magistrate;
(h) "Form" means a Form as given in the Second Schedule,
(i) "Inspector" means an Officer authorized by the Central Government under
Subsection
(1) of Section 13 of the Act
(1) "Prescribed receptacle" means a receptacle which
(1) is made of steel or any other material approved by the Chief Controller but
has no copper in its composition.
(11) is hermetically closed at all times except when its contents are being placed
within it or withdrawn from it; and
(11) bears a stamped embossed, painted or printed warning exhibiting in
conspicuous characters the words "Calcium Carbide"
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(2) All expenses incurred by the Director or the Chief Fire Officer in relation to any steps
taken by him under sub-section (1) shall be payable on demand, by the owner or occupier on
whom such notice is served and shall, if not paid within fifteen days after such demand be
recoverable, without prejudice to the provisions of sub-section (3) of section 20, as if it were
the arrears of tax on property and the provisions under the relevant Municipal law or any
other law for the time being in force and is in operation within the area of jurisdiction of the
local authority or planning authority concerned for recovery of arrears of tax on property,
shall apply mutatis mutandis for such recovery as they apply to the recovery of arrears of tax
on property or where any such law is not so in operation then, as an arrears of land revenue.
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with essentially preventive functions and are responsible for establishing and maintaining a
safe and healthy working environment which will facilitate optimal physical and mental
health and for the adaptation of work to the capabilities of workers. Such services should be
multidisciplinary and shall enjoy full professional independence from employers, workers,
and their respective representatives, in relation to their functions.
The Promotional Framework for Occupational Safety and Health Convention, 2006 (No.
187)and its accompanying Recommendation (No. 197) complement the previous core
standards and strengthen the requirements for a national structure, relevant stakeholders
responsible for implementing a national and enterprise level policy for safe and healthy
working environments; as well as the steps to be taken to build and maintain a preventive
safety and health culture at the national level. Governments - in consultation
with the most representative organizations of employers and workers - must undertake active
steps towards achieving and maintaining a safe and healthy working environment by the
elaboration or updating of national policy; the development or upgrade of a national system;
and the implementation of national programmes on OSH. This process must also take into
account the principles set out in relevant ILO instruments, as
listed in the Annex to Recommendation No. 197.
employers’ and workers’ organizations, as well as the specific preventive and control
measures for the application of such standards. They are not legally binding instruments and
are not intended to replace the provisions of national laws, regulations,
or accepted standards. These Codes can be used in drawing up national regulations,
guidelines and collective agreements on OSH in both the public and private sectors. Codes
of Practice provide guidance on safety and health at work in certain economic sectors (e.g.,
construction, opencast mines, coal mines, iron and steel industries, non-ferrous metals
industries, agriculture, shipbuilding and ship repairing, forestry, etc.); on protecting workers
against specific risks (e.g., radiation, lasers, chemicals, asbestos, airborne
substances); and specific safety and health measures (e.g., recording and notification of
occupational accidents and diseases, protection of workers’ personal data, safety, health and
working conditions in the transfer of technology to developing countries).ILO Guidelines
are intended to provide technical guidance relating to particular areas of OSH (e.g.
management system, workers’ health surveillance, radiation protection, ergonomics, etc.).
These guidelines have been designed for use by national authorities, employers’ and
workers’ organizations, professional associations, scientific and academic institutions. They
represent useful tools for enterprises and practitioners in the implementation of OSH
measures.
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treatment, recycling and recovery of any hazardous wastes; Facility means a location
wherein the processes incidental to the waste generation, collection, reception, treatment,
storage and disposal are carried out.
Hazardous Wastes Site means a place duly approved by the competent authority for
collection, reception, treatment, storage and disposal of hazardous wastes. Operator of a
facility means an owner or operator of the facility defined above. The occupier generating
hazardous wastes listed in the Schedules 1, 2 & 3 shall take all practical steps for safe
disposal of the wastes either himself or through an operator of a facility. The occupier
should supply specified (safety) information to the operator of a facility (R. 4).
Application for authorization in Form-1 by the occupier or a facility operator and grant of
such authorization with conditions in Form-2 after satisfying that they possess appropriate
facilities, technical capabilities and equipment to handle the wastes safely. Such
authorization lasts for validity specified by SPCB unless sooner suspended or cancelled and
then needs renewal in Form-1. It can be refused also (R. 5).
If the conditions are not fulfilled, the granted authorization can be cancelled or suspended by
the State Pollution Control Board or Committee after a show cause notice and subsequent
instruction for the safe storage of the hazardous wastes (R. 6). Packing,
A belling and transport of such wastes should, be in accordance with the Motor Vehicle Act
and rules made there under and in a condition to withstand physical and climatic factors.
Label as in Form 8 necessary (R. 7). The occupier or operator of a facility shall identify
wastes disposal site. EIA and public hearing are necessary (RS)
D) Explain the hazardous area classification under petroleum act and rules.
Classification of Hazardous Area (R. 103, 104):
Hazardous area means where (i) Petroleum having FP below 65bC or any inflammable gas
or vapour capable of ignition is likely to be present or (ii) Petroleum or any inflammable
liquid having FP above 65°C is likely to be refined, blended, handled or stored at or above
its FP. (R. 103).
It is classified as under: Condition
Zone :-
1. Where inflammable gases/vapours are likely to be continuously present.
2. Where they are likely to be present under normal operating conditions.
3. Where they are likely to be present only under abnormal operating conditions to
failure of rupture of equipment.
Thus zone 0 is more hazardous than zone I an zone 1 more hazardous than zone 2 On any
question regarding applicability of these divisions, the decision of the CC shall be final
(R.104) License necessary (R.116). Precautions against fire OISD Std. 117, DCP and other
fire extinguishers (R.117). Experienced supervisor necessary (R.118). Cleanliness (R.119).
Drainage (R.120). Wall or fence of at least 1.8 mt. height to prevent unauthorized entry 1.2
mt height for service stations (R.121).Marking of capacity on tanks (R. 123).Construction of
tank by iron or steel and as per IS. Foundation of non combustible material. Air space 75%
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or as per Code (R.124) and protection against corrosion by protective coating or cathodic
protection etc. (R.125). Before use the tank should be tested by water pressure by a
competent person. It shall not be passed through any pipe or pump ordinarily used for the
conveyance of petroleum. Performa of certificate of such testing is given u/r 126. Tanks
should be earthed by two separate connections placed at opposite extremities The resistance
to earth shall be less than 7 ohm and that of the earth plate shall be less than 2 ohm, (R. 127)
Testing of earth connection necessary once in 1 year by a competent person. Its record
should be maintained (R 128) No night working unless approved electric lights provided as
per chapter - IV (R 129) Certificate of Safety is required from a competent person by the
licensing authority in a preformed given u/r 130.
*****
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