The document discusses modern safety concepts and legislation related to worker health and safety. It covers the growth of safety laws in Britain, the US, India and Nepal. Key points include: the British Safety Legislation beginning in the 18th century to address child labor and working conditions; employer liability laws holding employers responsible for work-related injuries; the role of trade unions in collectively bargaining for worker rights and safety; and increasing legislation in various countries to establish workplace safety standards and systems for accident compensation.
1. 2. Modern Safety Concept (6 hrs.)
2.1 Introduction
2.2 The British safety legislation
2.3 Growth of safety laws and legislation
2.4 Concern over health and safety of workers
2.5 Concern for general people and property
2.6 Employer Liability Law
2.7 Trade Union and Safety Representatives
2.8 Workers Compensation Law
2.9 Educating the mass
2.10 Construction Safety Regulation in Nepal
2. 2.1 Introduction
Past sentiments
• Safety as added cost/expense; slows down
operations.
Today’s views
• Safety as investment with a positive return in the
sense that a safer workplace boost employee
morale.
• Productivity vis-a-vis safety not considered.
2
3. 2.1 Introduction
Today’s views
• Concern for productivity only.
• Safety is NOT counterproductive.
• Safety and productivity go hand in hand.
• Negligence of workers.
• Negligence of managers.
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4. 2.2 The British Safety Legislation
• Health and safety at work is not usually
considered very newsworthy in British.
• It only seems to get talked about when
there is a major disaster.
• Labor sickness, Manchester Cotton Mill.
• First labor Regulation 1784.
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5. 2.2 The British Safety Legislation
• Child labor.
• Unhygienic condition.
• Manchester Board of Health 1795.
• Health and morals of apprentices act 1802.
• Prevention of injuries.
• Protection of labor.
5
6. 2.2 The British Safety Legislation
Mines Act 1842.
• Punitive (disciplinary) compensation for
preventable injuries.
• Prevented women and children to work on
mines.
First safety law 1844.
• Detailed provision of health and safety
appeared.
• Work hours of women 12 hours.
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7. 2.2 The British Safety Legislation
Act of 1855 specified 7 general safety needs
1. Ventilation.
2. Guarding of unused shaft.
3. Proper means of signaling.
4. Correct gauges for steam boilers.
5. Valves for steam boilers.
6. Requirements for indicators.
7. Brakes for power lifting equipment.
7
8. 2.2 The British Safety Legislation
• Accidents persisted (continued).
• Mines act extended in 1860.
• Coal Mine Act 1872.
• Employment of only certified managers in
mines.
• Extended general safety rules.
• Initial step in regulating construction
activities.
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9. 2.2 The British Safety Legislation
Health and Safety at Work etc. Act 1974
Defines duty and responsibility of
• Employers.
• Contractors.
• Suppliers.
• Managers.
• Site in-charges.
• General public.
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10. 2.2 The British Safety Legislation
Objective of British Safety Legislation
• Securing health, safety and welfare of workers.
• Protecting persons other than workers against
risk of health or safety in connection with the
activities of persons at work.
• Controlling the keeping and use of explosives or
highly flammable or dangerous substances, and
preventing unlawful acquisition, possession and
use of such substances.
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11. 2.2 The British Safety Legislation
Power to Health and safety inspector
• Enter the work place at any time.
• Visit with the police officers or other duly
authorized persons.
• Take into the place of work any
equipment, instruments, cameras etc.
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12. 2.2 The British Safety Legislation
Power to Health and safety inspector
• Investigate and make examinations.
• Order plant, premises, substances and
machineries to remain undisturbed.
• Order plant, equipment, substances and
machineries to be dismantled, destroyed,
examined or tested.
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13. 2.2 The British Safety Legislation
Power to Health and safety inspector
• Take readings, measurements, samples,
sound recordings and photographs.
• Inspect books and documents, and take
copies.
• Take articles, substances and equipment
into the possession and detain if required.
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14. 2.2 The British Safety Legislation
Power to Health and safety inspector
• Serve improvement or prohibition
notice under section 21 and 22.
• Conduct legal proceedings before
magistrate’s court under section 39.
• Authorized to take legal processing if
offense committed under section 39.
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15. 2.3 Growth of Safety Laws and Legislation
USA
Worker’s compensation law: NY, 1908; Wisconsin 1911;
and Federal Occupational Health and Safety Act 1970.
Objective of this act
• to ensure that employers provide employees free from
hazards, such as exposure to toxic chemicals, excessive
noise levels, mechanical dangers, heat or cold stress or
unsanitary conditions.
• to assure every working person safe and healthful
working conditions and to preserve the human resources.
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16. 2.3 Growth of Safety Laws and Legislation
India
Factory act 1948.
• Regulates health, safety, welfare and other
working conditions of workers working in
the factories.
Dock workers (safety, health and welfare)
Act 1986.
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17. 2.3 Growth of Safety Laws and Legislation
India
Objective of national policy on SHE
• Continuous reduction in the incidence of
work related injuries, fatalities, diseases,
disaster and loss of national assets.
• Continuous reduction in the cost of work
place injuries and diseases.
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18. 2.3 Growth of Safety Laws and Legislation
India
Objective of national policy on SHE
• Extend work related injuries, fatalities, and
diseases for better performance and monitoring.
• Continuous enhancement of community
awareness regarding safety, health and
environment at workplace.
• Enhance the well-being of the employee and
society at large.
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19. 2.3 Growth of Safety Laws and Legislation
Nepal
Factory and Factory Workers Act 1959.
• Does not cover Construction Industry.
Industrial Business Act, 2018 (1961).
• Security and environment appeared for the
first time.
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20. 2.3 Growth of Safety Laws and Legislation
Nepal
Labor Act 2048 (1991).
• Worker’s right, welfare, facilities and
safety/security.
• Working hours, 8 hrs. per day (art 16).
• Rest time (art 18).
• One and half times wage for overtime work
(art19).
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21. 2.3 Growth of Safety Laws and Legislation
Nepal
Health and safety/security.
• Occupational health (art 27).
• Safety of eyes (art 28).
• Safety from chemicals (art 29.)
• Fire safety (art 30).
• Guarding of machines (art 31).
• Heavy weight lifting (art 32).
• Safety from pressure plant (art 33).
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22. 2.3 Growth of Safety Laws and Legislation
Nepal
Labor welfare in Nepal Act
• Compensation (art 38).
• Resting room (art 43).
Industrial Business Act, 2049 (1992), Cl. 9.
• Security, public health and environment.
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23. 2.3 Growth of Safety Laws and Legislation
Nepal
Construction Business (art 46).
• Construction tools (46 - 1- Ka).
• Temporary worker’s arrangement (46 - 1 - Kha).
• Accident insurance (46 - 1 - Ga).
• Safety/security management (46 - 1 - Gha).
• Personal protective equipment (46 – 2).
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24. 2.3 Growth of Safety Laws and Legislation
Nepal
Nepal Building Code (NBC), 1993
• NBC 107, fire safety in buildings.
• NBC 114, construction safety.
• Building construction and demolition.
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25. 2.3 Growth of Safety Laws and Legislation
Nepal
NBC,1993 Provisions
• Material handling.
• First aid facility.
• Fire safety.
• Site preparation.
• Earth work in excavation.
• Foundation construction.
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26. 2.3 Growth of Safety Laws and Legislation
Nepal
NBC,1993 Provisions
• Construction of walls.
• Construction of roofs.
• Electrical works.
• Temporary works.
• Demolition of structures.
• Miscellaneous requirement during demolition.
• Use of explosives.
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27. 2.3 Growth of Safety Laws and Legislation
Nepal: Labor welfare in NBC,1993 Provisions
• Drinking water.
• Safe shelter.
• Toilet facilities.
• Fire extinguishers.
• Access to fire fighting equipment.
• Safety cloth and PPE.
• Storage of combustible materials.
• Storage of blasting materials.
• Worker insurance.
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28. 2.3 Growth of Safety Laws and Legislation
Nepal
Safety requirement in NBC,1993 Provisions
• Movement of construction equipment.
• Support during erection.
• Safety net for working at height.
• Restriction to third person.
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29. 2.4 Concern over health and safety of workers
• Safety of workers often neglected.
• Construction workers are unorganized.
• Low bargaining power of workers.
• No effort of the employer to make working
site accident free.
29
30. 2.4 Concern over health and safety of workers
Employer should act because
• They love their people therefore do not want to
harm or lose them.
• They have already invested enormous amount
to train their workers and do not want to invest
more to train new workers.
• A trained worker is an asset to the company and
if employer loses they are in loss.
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31. 2.4 Concern over health and safety of workers
Employers should act because
• They will be penalized if they lose workers or
harm workers.
• It is statutory requirement that demands proper
care of the workers even if not very important
for the employers.
• Contractors think it is enough to take insurance.
• Strong and specific contract document is
necessary.
31
32. 2.5 Concern for general people and property
• Safety is the state of being "safe", the condition
of being protected from harm or other non-
desirable outcomes.
• Safety generally indicates protection from a
significant impact on risk of death, injury or
damage to property.
• Safety is the control of recognized hazards in
order to achieve an acceptable level of risk.
33. 2.5 Concern for general people and property
• Safety concern is defined as any condition,
practice, or violation that causes a
probability of harm to people and property
loss.
• Common workplace safety hazards for
general people include slipping and falling,
getting struck by objects, electric shock,
and injuries.
34. 2.5 Concern for general people and property
• Safety signs are used in workplaces where
people face risks and hazards and need to
be warned about the threatening dangers.
• Safety signs make people stop at traffic
lights, telling people about electric and fire
hazards, fire safety exits, warning signs to
help people remain safe.
35. 2.5 Concern for general people and property
• Safety signs are used in workplaces where
people face risks and hazards and need to
be warned about the impending dangers.
• Safety signs make people stop at traffic
lights, telling people about electric and fire
hazards, fire safety exits, warning signs to
help people remain safe.
36. 2.5 Concern for general people and property
Concern over the life of the public.
• Nature of the work.
• Equipment used.
• People gather to see the operation.
• Educating the mass.
• Protection within site.
• Insurance.
37. 2.5 Concern for general people and property
Concern for the health of the people.
• Smoke.
• Dust.
• Noise.
• Vibrations.
38. 2.5 Concern for general people and property
Hazardous to the project vicinity.
• ??
• ??
Concern over adjoining property.
• Old buildings.
• Shallow foundations.
• Non-engineered construction.
• Material transportation.
39. 2.6 Employer Liability Law
• Employers' liability laws that held the employer
liable for the injury suffered by employees in the
course of their employment.
• As occupational injuries increased, parliament
of UK passed Employers' Liability Act on 1880.
• Employers’ liability law provides a way for
workers to seek compensation for workplace
injuries.
40. 2.6 Employer Liability Law
• Employers' liability law makes liable to the employer
whereby an employer must pay, or provide
insurance to pay, the lost wages and medical
expenses of an employee who is injured on the job.
• In 1917, workers' compensation laws in America
become the main damage recovery system for the
occupational workplace injuries.
41. 2.6 Employer Liability Law
• Employer's liability insurance covers negligence
lawsuits (claim) over work-related injuries and
occupational diseases.
• If an employee sues over an injury, employer's
liability insurance will help to pay legal costs.
• When employees receive workers'
compensation benefits, they usually agree not
to sue their employers.
42. 2.6 Employer Liability Law
Provision in Labor Act 2074
• Labor Act 2074 has provisions for the rights,
interest, facilities and safety of workers and
employees working in enterprises of various
sectors
• No discrimination shall be made between the
labors in remuneration for equal value of work
on the ground of sex.
43. 2.6 Employer Liability Law
Provision in Labor Act 2074
• Where 20 or more employees are engaged, employer
shall constitute a Safety and Health Committee.
• Where 10 or more employees are engaged, employer
shall constitute a Collective Bargaining Committee.
• Employer shall deduct ten percent of the basic
remuneration of each labor, add cent percent to that
amount and deposit the total amount for the purpose
of provident fund.
44. 2.6 Employer Liability Law
Provision in Labor Act 2074
• Employer shall deposit the provident fund
amount in the Social Security Fund in the
name of the concerned labor, with effect from
the date on which he or she started to work.
• Employer shall procure make an annual
medical insurance of at least one hundred
thousand rupees for each labor.
45. 2.6 Employer Liability Law
Provision in Labor Act 2074
• Premium required for the medical insurance
referred shall be borne by both the
employer and the labor on pro rata basis.
• Employer shall procure accidental
insurance of at least seven hundred
thousand rupees covering all kinds of
accidents for each labor.
46. 2.6 Employer Liability Law
Provision in Labor Act 2074
• Whole premium required for the accidental
insurance shall be borne by the employer.
• In case a worker or employee is injured while
doing the work, compensation against injury is
to be provided from the insurance amount on
the recommendation of medical practitioner of
the Government of Nepal.
47. 2.6 Employer Liability Law
Provision in Labor Act 2074 .
• Employee or worker shall be paid from an
insurance amount on the basis of degree of
disability.
• The nearest successor of the deceased (dead)
worker is entitled to the amount of accident
insurance as per the new act i.e. at least 7 Lakh
for every worker.
48. 2.7 Trade Union and Safety Representatives
Trade Union
• Trade union is association of wage earners for
the purpose of maintaining or improving
conditions of their employment.
• Trade union is organized association of workers.
• Earliest factory law 1802 AD dealt with health,
safety, working hours, and working conditions.
49. 2.7 Trade Union and Safety Representatives
Trade Union
• In 1824 AD, workers were allowed to unite in
union in England.
• Labor union was legalized in 1825 AD in UK.
• Trade union representation allows employees
to bargain with employers for rights and
benefits collectively.
50. 2.7 Trade Union and Safety Representatives
Trade Union
• Labor Act 2074 B.S. states that every labor shall have
a right to form and operate a trade union, acquire the
membership of, or get affiliated with, such union or
involve in other activities relating to trade union.
• While exercising the trade union right the labor shall
be dutiful and responsible towards the employer.
• In the event of violation of any right to a labor, such a
labor can get remedy.
51. 2.7 Trade Union and Safety Representatives
Trade Union
• Trade union was formed under Trade Union Act
2049 B.S. (1992).
• Trade Union Act 2049 has defined ‘trade
union’ as union established for protection and
promotion of rights and welfare of workers.
• Trade Union Rule 2049 B.S. has provisions to
protect workers interests, to improve their
conditions and to work for their welfare.
52. 2.7 Trade Union and Safety Representatives
Trade Union
• Trade union helps workers in bargaining with
employer for welfare of workers and saves
workers from exploitation.
• Trade unions are seen effective in organized
labor sectors such as factories, hotels etc.
• Workers are less organized in construction
sector as compared to other sectors because
of nature of work.
53. 2.7 Trade Union and Safety Representatives
Trade Union
• In autocratic environment, trade union hardly
exists or do not exists.
• In democratic environment, trade unions are
allowed to play their role freely for welfare of
workers.
• Nepal Mazdoor Sangh and Nepal Mazdoor
Sangathan were established in Nepal in 1947
and 1952 respectively.
54. 2.7 Trade Union and Safety Representatives
Trade Union
• In 1961, these types of trade unions were
banned when Panchayat system was
introduced.
• After restoration of democracy, many trade
unions are functioning.
55. 2.7 Trade Union and Safety Representatives
Trade unions functioning in Nepal are:
• General federation of Nepalese trade unions
(GEFONT).
• Nepal trade union congress.
• All Nepal trade union congress.
• Nepal revolutionary workers union.
• Democratic confederation (being joined together
by an agreement) of Nepalese trade unions, etc.
56. 2.7 Trade Union and Safety Representatives
Objectives of Trade Union Act 2049
• To work for worker’s economic and social
welfare.
• To try to maintain good relationship between
workers and management.
• To assist for development of enterprise by
enhancing productivity.
• To work to make workers dutiful and disciplined.
57. 2.7 Trade Union and Safety Representatives
Functions of Trade Union
• Main function of trade union is to protect interest
of workers and to work for welfare of workers.
Major functions of trade union:
a. To demand adequate wages for workers to
improve their living standard.
b. To work for improving working conditions - safe,
secured, and healthy environment.
58. 2.7 Trade Union and Safety Representatives
Major functions of trade union:
c.To participate in management for controlling
purpose and for taking worker’s demand or
voice to management.
d.To provide financial help to workers at time
of need by establishing welfare fund.
59. 2.7 Trade Union and Safety Representatives
Major functions of trade union:
e.To participate in management for
controlling purpose and for taking worker’s
demand or voice to management.
f. To provide financial help to workers at
time of need by establishing welfare fund.
60. 2.7 Trade Union and Safety Representatives
Safety representative may have the right to:
• Enquire into hazards and risks at the
workplace.
• Inspect the whole or part of a workplace.
• Accompany a safety inspector carrying
out an inspection.
61. 2.7 Trade Union and Safety Representatives
Safety representative may have the right to:
• Make representations to the employer on safety,
health and welfare at the workplace.
• Receive advice and information from inspectors in
relation to safety, health and welfare at the
workplace.
• Consult and communicate with other safety
representatives in the same workplace.
62. 2.7 Trade Union and Safety Representatives
Safety representative may have the right to:
• Discuss safety matters in confidence with the safety
committee or employees.
• Attempt to resolve safety issues.
• Inspect immediately where an accident or dangerous
occurrence has taken place, or where there is an
imminent danger or risk to the safety, health and
welfare of any person.
63. 2.8 Workers Compensation Law
• Labor Act, 2074 is applicable to all entities
regardless of number of workers/employees.
• Employees are entitled to the retrenchment i.e
inexpensive compensation at the rate of one
month salary for each year of service.
• Compensation is paid on proportionate basis
for the service rendered below one one year.
64. 2.8 Workers Compensation Law
• Employees who is paid unemployment
allowance is not entitled to the
retrenchment compensation.
• Employees is paid for festival expenses as
amount equivalent to the monthly remuneration
once a year, and employee not completing one
year is entitled to the expenses on the
proportional basis.
65. 2.8 Workers Compensation Law
• Employer shall deduct ten percent of the basic
remuneration of each labor, add cent percent to
that amount and deposit the total amount for
the purpose of provident fund.
• Employer shall deposit the provident fund
amount in the Social Security Fund in the
name of the concerned labor, with effect from
the date on which he or she started to work.
66. 2.8 Workers Compensation Law
• Employer shall procure make an annual
medical insurance of at least one hundred
thousand rupees for each labor.
• Premium required for the medical insurance
referred shall be borne by both the employer
and the labor on pro rata basis.
• Employer shall procure accidental insurance of
at least seven hundred thousand rupees
covering all kinds of accidents for each labor.
67. 2.8 Workers Compensation Law
• Whole premium required for the accidental
insurance shall be borne by the employer.
• In case a worker or employee is injured
while doing the work, compensation
against injury is to be provided from the
insurance amount on the recommendation
of medical practitioner of the Government
of Nepal.
68. 2.8 Workers Compensation Law
• Employee or worker shall be paid from an
insurance amount on the basis of degree
of disability.
• The nearest successor of the deceased
(dead) worker is entitled to the amount of
accident insurance as per the new act i.e.
at least 7 Lakh for every worker.
69. 2.9 Educating the mass
• Construction workers need to be properly
trained and educated on the task or job
before working, which will assist in
preventing injuries and deaths.
• In recent years, apart from traditional face
to face safety knowledge sharing, mobile
apps also make knowledge sharing
possible.
69
70. 2.9 Educating the mass
• Equipment on the job site must be properly
maintained and inspected regularly before
and after each shift.
• Health and safety specialist who designs
and implements safety regulations to
minimize injuries and accidents.
70
71. 2.9 Educating the mass
• Educating the mass is important tool for
informing people about workplace hazards with
a greater understanding of the safety and health
program itself, so that they can contribute to its
implementation.
• Knowledge and skills needed to do their work
safely and avoid creating hazards that could
place workers themselves or others at risk.
71
72. 2.9 Educating the mass
• Awareness and understanding of
workplace hazards help to identify, report,
and control hazards.
• Before any excavation takes place, the
contractor is responsible for notifying all
applicable companies that excavation work
is being performed.
72
73. 2.9 Educating the mass
• During excavation, the contractor is responsible
for providing a safe work environment for
employees and pedestrians.
• Employees are to remain at a safe distance
from all equipment while it is operational.
• Employees who have training and education in
the above areas will benefit their co-workers
and themselves on the construction site. 73
74. 2.9 Educating the mass
• Road construction safety remains a priority
among workers.
• States should implement campaigns
addressing construction zone dangers and
encouraging motorists to use caution when
driving through work zones.
74
75. 2.9 Educating the mass
• Employees or employers are responsible
for providing fall protection systems and to
ensure the use of systems.
• Fall protection can be provided by guardrail
systems, safety net systems, personal fall
arrest systems, positioning device
systems, and warning line systems.
75
76. 2.9 Educating the mass
• Making sure that ladders are long enough
to safely reach the work area to prevent
injury.
• Stairway, treads, and walkways must be
free of dangerous objects, debris and
materials.
76
77. 2.10 Construction Safety Regulation in Nepal
• Provisions in “construction safety” standard
are the minimum requirements that are to
be adopted during construction or
demolition work.
• Planning for “construction safety” shall be
done before starting any construction or
demolition work and such a plan shall be
approved by the designated engineer.
78. 2.10 Construction Safety Regulation in Nepal
Safety provisions in Labor Act 2074
• Labor Act 2074 has provisions that employer
shall formulate and implement a policy on safety
and health of labors at the workplace.
• Safety and health policy formulated shall be
registered with Labor office.
• Labor office shall regularly monitor as to
whether or not the formulated safety and health
policy has been complied with.
79. 2.10 Construction Safety Regulation in Nepal
Safety provisions in Labor Act 2074
Employer’s duty for safety and health of
labor:
a.Make safe environment at the workplace.
b.Make provision for storing, use, operation
and transportation of hazardous materials
or equipment not to adversely affect the
safety and health of labor.
80. 2.10 Construction Safety Regulation in Nepal
Safety provisions in Labor Act 2074
Employer’s duty for safety and health of
labor:
c.Provide training relating to the use and
operation of hazardous materials or
equipment.
d.Make arrangement for the safe entry and
exit from the workplace.
81. 2.10 Construction Safety Regulation in Nepal
Safety provisions in Labor Act 2074
Employer’s duty for safety and health of
labor:
e.Provide appropriate personal safety
means to the labor.
f. Provide signage/signal where any
operation is likely to cause any harm or
risk on the safety or health of any person.
82. 2.10 Construction Safety Regulation in Nepal
Safety provisions in Labor Act 2074
• Employer shall form a safety and health
committee with representation of the
labors where twenty or more labors are
employed.
• When any person injure or dies in the
workplace, employer shall give information
thereof to the Labor office immediately.
83. 2.10 Construction Safety Regulation in Nepal
NBC 114: 1994
• Nepal National Building Code NBC 114:
1994 “Construction Safety” covers
provisions for the health and safety of
workers in building construction and
demolition work.
• Purpose of NBC 114: 1994 is to provide a
reasonable degree of safety to labors.
84. 2.10 Construction Safety Regulation in Nepal
NBC 114: 1994
• All construction contracts should include
the requirement for compliance with this
Standard.
• Materials shall be stored safely segregating
as to kind, size, and length.
• Adequate fire fighting equipment shall be
provided on construction sites.
85. 2.10 Construction Safety Regulation in Nepal
NBC 114: 1994
• First aid facility shall be maintained during
execution of all types of construction and
demolition works.
• Appropriate personal protective equipment
(PPP) shall be provided to the workers
such as hard hats, safety goggles, safety
boots, safety belts etc.