Rule 41: Precaution against dust, noxious gas, fumes and other impurities

Finin2min analysis — operative rule mechanics

Full notified text — Rule 41

41. Precaution against dust, noxious gas, fumes and other impurities.- The employer of every dock
           work shall ensure that: -
     (i)      whenever a dock worker is required to enter into a hold or intermediate deck or other confined
              space or any other working place where neither natural ventilation nor mechanical ventilation

              system is adequate to keep the content of any gas, fume vapour or dust below the permissible
              limits, appropriate manhole of adequate size or other effective means of egress shall be provided
              to avoid exposure of docks workers to health hazards;
      (ii)    no dock worker is allowed to enter any hold or tank of a vessel wherein there is given off any
              dust, fumes or other impurities of such a nature and to such an extent as is likely to be injurious
              or offensive to the dock workers or in which explosives, poisonous, noxious or gaseous cargoes
              have been carried or stored or in which dry ice has been used as a refrigerant or which has been
              fumigated, or in which there is possibility of oxygen deficiency, unless all practical steps have
              been taken to remove the dust, fumes or other impurities and dangers which may be present and
              to prevent any further ingress thereof and such holds or tanks are certified to be safe and fit for
              dock workers to enter the same by the competent person;
      (iii) when dock workers are exposed to any dust in substantial quantities as in handling bulk cargos
              such as grains, fertilizers, cements and other similar cargoes, they are protected by appropriate
              Personal Protective Equipment, provided free of charge.

                                                  G. PLANTATION

Application and evidence

1. Primary statutory test — The employer of every dock work shall ensure that: - (i) whenever a dock worker is required to enter into a hold or intermediate deck or other confined space or any other working place where neither natural ventilation nor mechanical ventilation system is adequate to keep the content of any gas, fume vapour or dust below the permissible limits, appropriate manhole of adequate size or other effective means of…
2. Additional operative limb — (ii) no dock worker is allowed to enter any hold or tank of a vessel wherein there is given off any dust, fumes or other impurities of such a nature and to such an extent as is likely to be injurious or offensive to the dock workers or in which explosives, poisonous, noxious or gaseous cargoes have been carried or stored or in which dry ice has been used as a refrigerant or which has been fumigated, or in which…
3. Code Section mapping — 23. Read the mapped provision together with this text rather than treating the concordance as a substitute for it.
4. Evidence file — retain facts and records proving the role/status of: Employer, Worker.

Cross-references & prescribed forms

Worked example

Q&A — Rule 41

Primary sources