Struggling to Meet Factory Rule 1950: Is Our Doctor/Nurse Arrangement Enough?

We have a Garment Export Unit in Roorkee where more than 500 employees are working. As per Factory Rule 1950, we have to engage a Doctor/Nurse. However, no doctor or nurse is ready to work in the factory. We have tied up with a nearby hospital, finalized an agreement, and they will provide all the facilities of a doctor/nurse. The doctor will visit the factory thrice a week, and the nurse will be available during working hours on a daily basis. In case the nurse is not available, B. Farma can be engaged for that purpose. The question arises whether this arrangement will fulfill our requirement under the factory rules.

Thank you.

I am not familiar with Factory Rule 1950. I don't want to give the wrong direction without knowing the specifics as per the act. Some senior members will guide you on this matter.

Please ensure that you get approval in writing for your arrangement. Until then, send a letter to the factory inspectors stating your problem. You should outline the efforts made, the CVs you have received, etc., to substantiate the statement that doctors do not want to work in the factory. Get an acknowledgment of your letter. It will be something in your favor until you get the approval.

When discussing the law, you are required to have a medical officer and nurse/compounder present within your factory premises in compliance with the safety provisions outlined in the Factory Act of 1948. However, there is a possibility to request an exemption, provided that you provide justification to your factory inspector. You should clearly establish your position by stating that the facilities you intend to offer are not inferior to those specified in Rule 65, 66, 66A, Section 45, and attempt to seek an exception based on Section 50 while obtaining written approval.

I hope this information will be helpful to you.

Thanks,
Harchand

Referring to your query on the above subject, if your industry falls under occupational hazards as per Schedule 1 of the Factories Act - 1948 Rules, and also the state rules applicable to the said act, you are required to appoint a doctor/nurse with amenities such as a room with facilities and an ambulance, etc., compulsorily. Otherwise, you can tie up with a nearby hospital that provides the amenities stated above, which would be sufficient on your part.

Thanks & Regards,

V R RAO PULIPAKA
[Phone Number Removed For Privacy Reasons]

You can contact Dr. Sandeep Saluja ([Email Removed For Privacy Reasons]). He is an Ex-AIIMS Delhi doctor and currently works as a visiting doctor for some companies. He may be interested in visiting your factory in Roorkee. Currently, he is in Agra.

Regards,
Yogesh Pandey