The Building and other Construction
workers (Regulation of Employment
and conditions of Service) Act, 1996

The Building and other Construction
workers (Regulation of Employment
 and conditions of Service) Central
            Rules, 1998
Salient features of the Safety & Health Provisions

                                 S. Bhaskar
Objectives
To regulate the employment & conditions of
Service
To provide for Safety, Health & Welfare
measures
To give the Building & Construction workers
Social Security



                                              2
Applicability
Every establishment which employs or had
employed ten or more workers directly or
through a Contractor / Subcontractor
(undertaking to produce a given result or
supplying building workers for any work of the
establishment, excluding supply of goods or
articles of manufacture)


                                                 3
Exemption
Any building or Construction work to which
Factories Act, 1948 or Mines Act, 1952 apply




                                               4
Responsibilities of Employer
It shall be the duty of every employer to
comply with requirements of rules
Employer shall not permit an employee to do
anything not in accordance with the generally
accepted principles of standard safe operating
practices connected with building and other
construction work


                                                 5
Responsibilities of Employer
Employer will not allow lifting appliances,
lifting gear, lifting device, transport equipment,
vehicles or any other device or equipment to be
used by the building workers which does not
comply with provision of rules
Employer shall maintain the latrines, urinals,
washing facilities and canteen in a clean and
hygienic condition

                                                     6
Safety and Health
  GENERAL PROVISIONS




                       7
Excessive noise, vibration etc.
An employer shall ensure that adequate
measures are taken to protect building
workers against the harmful effects of
excessive noise or vibration




                                         8
Fire protection
An employer shall ensure that site is provided
with fire extinguishing equipment sufficient to
extinguish any probable fire
Number of trained persons required to operate
the fire extinguishing equipment
Fire extinguishers shall be properly maintained
and inspected at regular intervals of not more
than one year


                                                  9
Fire protection
Every launch or boat or other craft used for
transport of building workers and the cabin of
every lifting appliances including mobile crane,
adequate number of portable fire-extinguishing
equipment of suitable type shall be provided




                                               10
Emergency Action Plan

Where more than 500 building workers are
employed emergency action plan to handle the
emergencies is prepared and submitted for the
approval of the Director General




                                                11
Lifting and carrying of excessive weight
   No building worker lifts by hand or carries over
   head or over his back or shoulders any material,
   article, tool or appliances exceeding in weight the
   maximum limit set out in following table
             Person       Maximum Weight Load
      Adult - man                55 kg
      Adult - woman              30 kg
      Adolescent - male          30 kg
      Adolescent - female        20 kg
(Note : At present No adolescent worker is permitted to work in construction sites)

unless aided by any other building worker or a
  mechanical device                                                            12
Dust, gases, fumes etc.

An employer shall prevent concentration of dust,
gases or fumes by providing suitable means to
control their concentration within the permissible
limit so that they may not cause injury or pose
health hazard to building worker




                                               13
Corrosive substances

Corrosive substances, including alkalis and
acids, shall be stored in such a manner that it
does not endanger the building worker
Suitable protective equipment shall be provided
during handling or use of such substances
In the case of spillage of such substances on the
building worker, immediate remedial measures
shall be taken by the employer
                                              14
Eye protection

Suitable personal protective equipment for the
protection of eyes shall be provided
Building worker engaged in operations like
welding, cutting, chipping, grinding or similar
operations which may cause hazard to his eyes
shall use such eye protection



                                                  15
Head protection and other protective
              apparel
 Every building worker required to pass through
 or work within the areas where there is hazard of
 his being struck by falling objects or materials
 shall be provided with Safety helmets in
 accordance with national standards
 Every building worker required to work in water
 or in wet concrete or in other similar work, shall
 be provided with suitable water-proof boots
                                                 16
Electrical Hazards
Before commencement of work, adequate
measures shall be taken to prevent any worker
from coming into physical contact with any
electrical equipment or apparatus, machines or
live electrical circuit which may cause electrical
hazard during the course of his employment
Suitable warning signs shall be displayed and
maintained at conspicuous places in Hindi and
in a local language understood by the majority
of the building workers                          17
Electrical Hazards
Where exact location of underground power line
is not known, the building worker using jack
hammer, crow bars or other hand-tools, shall be
provided with insulated protective gloves and
foot wear in accordance with national standards
All electrical appliances and current carrying
equipment shall be adequately earthed
All temporary electrical installations are
provided with earth-leakage circuit breakers
                                             18
Vehicular Traffic
All vehicles used at construction site shall
comply with the requirements of Motor
Vehicles Act, 1988 (59 of 1988) and the rules
made thereunder
The driver of a vehicle of any class or
description shall hold a valid driving licence
under the Motor Vehicles Act, 1988 (59 of
1988)


                                                 19
Use of Safety helmet and shoes

All persons who are performing any work or
services at a building or other construction work,
wear safety shoes and helmets conforming to the
national standards




                                               20
Lifting appliances and
         Gear


                         21
Test and periodical examination of
        lifting appliances
 All lifting appliances shall be tested and
 examined by a competent person before being
 taken into use for the first time or after it has
 undergone any alteration or repairs liable to
 affect its strength or stability or after erection on
 construction site and also once at least in every
 one year

                                                   22
Competent person
“Competent person” means a person so
approved by Government, who belongs to a
testing establishment in India, possessing
adequate qualification, experience and skill for
the purpose of testing, examination or annealing
and certification of lifting appliances, lifting
gears, wire ropes or pressure plant or equipment


                                               23
Identification and marking of safe
           working load
Every lifting appliance and loose gear is clearly
marked for its safe working load and
identification by stamping or other suitable
means
Safe working load shall be marked in plain
figures or letters upon the sling or upon a tablet
or ring of durable material attached securely


                                                 24
Operation of lifting appliances
Every crane driver or lifting operator posses
adequate skill and training in the operation of
the particular lifting appliance
No person under eighteen years of age shall be
in control of any lifting appliance
Operation of lifting appliances is governed by
signals; in conformity with relevant national
standards
                                                  25
Register of periodical test,
    examination and certificate
Employer shall ensure that register in specified
form shall be maintained and particulars of such
test and examination of lifting appliances shall
be entered in register
Certificate in prescribed form shall be obtained
from competent person for winches, derricks,
cranes, hoists, loose gear, wire ropes

                                              26
Safety organisation



                      27
Safety committee
Establishments, wherein 500 or more building
workers are ordinarily employed, safety
committee shall be constituted by employer
represented by equal number of representative of
employer and building worker
Safety committee shall meet at regular intervals
at least once in a month and shall be chaired by
person having overall control over affairs of site

                                               28
Safety officer
Establishment wherein 500 or more building
worker are employed, employer shall appoint
safety officer
Safety officer may be assisted by suitable and
adequate staff
    NO. OF SAFETY OFFICERS

 Upto 1000 building workers       One
 Upto 2000 building workers       Two
 Upto 5000 building workers       Three
 Upto 10000 building workers      Four
 For every additional 5000        one
 workers or part thereof                         29
Reporting of accident
Notice of any accident on the construction site
which either causes loss of life or disables a
building worker from working for a period of
forty eight hours or more immediately following
the accident, shall forthwith be sent to
  Regional Labour commissioner (Central)
  board with which the building worker involved in
  accident was registered as a beneficiary
  Director general and
  next in kin or other relative

                                                     30
Reporting of accident
Notice of accident at construction site which
causes loss of life or disables such building
worker from work for more than ten days
following the accident shall also be sent to
  Office incharge of nearest police station
  district magistrate




                                                31
Medical facilities



                     32
Medical examination of building
           workers
Building worker who is employed for a work
involving risk or hazards as the Director General
considers appropriate shall be medically
examined
Every operator of a crane, winch or other lifting
appliances, transport equipment or vehicle shall
be medically examined and again periodically
No building worker shall be charged for medical
examination
Record of such medical examination shall be
maintained                                      33
Ambulance Van
An ambulance van shall be provided or an
arrangement shall be made with a nearby
hospital for providing such ambulance van for
transportation of serious cases of accident or
sickness of the building workers to the hospital
promptly and such van is maintained in good
repair and is equipped with standard facilities


                                                   34
First-aid

Sufficient number of first-aid boxes or
cupboards shall be provided and maintained
The box should be distinctly marked “First-aid”
and shall be equipped with specified articles
Trained first-aider shall be engaged at site




                                            35
Welfare



          36
Latrines and urinal accommodation
 Adequate number of Latrines and urinals to be
 provided at construction site
 Conveniently situated and accessible to building
 workers at all times
 Adequately lighted and shall be maintained in
 clean and sanitary condition
 Those connected with flush sewage system shall
 comply with requirement of public health
 authorities
                                              37
Canteens
In every place wherein not less than 250 workers
are employed, the employer shall provide
adequate canteen in specified manner
Canteen shall consist of dining hall with
sufficient furniture,kitchen, store-room, pantry
and washing places
Sufficiently lighted at all times when any person
has access to it
Premises shall be maintained in clean and
sanitary condition                               38
Drinking Water
Employer shall ensure sufficient supply of
wholesome drinking water
All such points shall be legibly marked
“Drinking Water” in a language understood by
a majority of the persons
No such point shall be situated within six
metres of any washing place, urinal or latrine


                                                 39
Penalties



            40
Penalty for contravention of provisions
      regarding safety measures
Whoever contravenes the provisions of any rules
shall be punishable with imprisonment for a term
which may extend to three months, or with fine
which may extend to two thousand rupees, or with
both
If any person who has been convicted of any
offence punishable is again guilty of an offence,
he shall be punishable on a subsequent conviction
with imprisonment upto six months or with fine
upto two thousand rupees or with both             41
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   PLEASE???

THANK YOU
 FRIENDS         42

1 building and construction law-ppts-hr

  • 1.
    The Building andother Construction workers (Regulation of Employment and conditions of Service) Act, 1996 The Building and other Construction workers (Regulation of Employment and conditions of Service) Central Rules, 1998 Salient features of the Safety & Health Provisions S. Bhaskar
  • 2.
    Objectives To regulate theemployment & conditions of Service To provide for Safety, Health & Welfare measures To give the Building & Construction workers Social Security 2
  • 3.
    Applicability Every establishment whichemploys or had employed ten or more workers directly or through a Contractor / Subcontractor (undertaking to produce a given result or supplying building workers for any work of the establishment, excluding supply of goods or articles of manufacture) 3
  • 4.
    Exemption Any building orConstruction work to which Factories Act, 1948 or Mines Act, 1952 apply 4
  • 5.
    Responsibilities of Employer Itshall be the duty of every employer to comply with requirements of rules Employer shall not permit an employee to do anything not in accordance with the generally accepted principles of standard safe operating practices connected with building and other construction work 5
  • 6.
    Responsibilities of Employer Employerwill not allow lifting appliances, lifting gear, lifting device, transport equipment, vehicles or any other device or equipment to be used by the building workers which does not comply with provision of rules Employer shall maintain the latrines, urinals, washing facilities and canteen in a clean and hygienic condition 6
  • 7.
    Safety and Health GENERAL PROVISIONS 7
  • 8.
    Excessive noise, vibrationetc. An employer shall ensure that adequate measures are taken to protect building workers against the harmful effects of excessive noise or vibration 8
  • 9.
    Fire protection An employershall ensure that site is provided with fire extinguishing equipment sufficient to extinguish any probable fire Number of trained persons required to operate the fire extinguishing equipment Fire extinguishers shall be properly maintained and inspected at regular intervals of not more than one year 9
  • 10.
    Fire protection Every launchor boat or other craft used for transport of building workers and the cabin of every lifting appliances including mobile crane, adequate number of portable fire-extinguishing equipment of suitable type shall be provided 10
  • 11.
    Emergency Action Plan Wheremore than 500 building workers are employed emergency action plan to handle the emergencies is prepared and submitted for the approval of the Director General 11
  • 12.
    Lifting and carryingof excessive weight No building worker lifts by hand or carries over head or over his back or shoulders any material, article, tool or appliances exceeding in weight the maximum limit set out in following table Person Maximum Weight Load Adult - man 55 kg Adult - woman 30 kg Adolescent - male 30 kg Adolescent - female 20 kg (Note : At present No adolescent worker is permitted to work in construction sites) unless aided by any other building worker or a mechanical device 12
  • 13.
    Dust, gases, fumesetc. An employer shall prevent concentration of dust, gases or fumes by providing suitable means to control their concentration within the permissible limit so that they may not cause injury or pose health hazard to building worker 13
  • 14.
    Corrosive substances Corrosive substances,including alkalis and acids, shall be stored in such a manner that it does not endanger the building worker Suitable protective equipment shall be provided during handling or use of such substances In the case of spillage of such substances on the building worker, immediate remedial measures shall be taken by the employer 14
  • 15.
    Eye protection Suitable personalprotective equipment for the protection of eyes shall be provided Building worker engaged in operations like welding, cutting, chipping, grinding or similar operations which may cause hazard to his eyes shall use such eye protection 15
  • 16.
    Head protection andother protective apparel Every building worker required to pass through or work within the areas where there is hazard of his being struck by falling objects or materials shall be provided with Safety helmets in accordance with national standards Every building worker required to work in water or in wet concrete or in other similar work, shall be provided with suitable water-proof boots 16
  • 17.
    Electrical Hazards Before commencementof work, adequate measures shall be taken to prevent any worker from coming into physical contact with any electrical equipment or apparatus, machines or live electrical circuit which may cause electrical hazard during the course of his employment Suitable warning signs shall be displayed and maintained at conspicuous places in Hindi and in a local language understood by the majority of the building workers 17
  • 18.
    Electrical Hazards Where exactlocation of underground power line is not known, the building worker using jack hammer, crow bars or other hand-tools, shall be provided with insulated protective gloves and foot wear in accordance with national standards All electrical appliances and current carrying equipment shall be adequately earthed All temporary electrical installations are provided with earth-leakage circuit breakers 18
  • 19.
    Vehicular Traffic All vehiclesused at construction site shall comply with the requirements of Motor Vehicles Act, 1988 (59 of 1988) and the rules made thereunder The driver of a vehicle of any class or description shall hold a valid driving licence under the Motor Vehicles Act, 1988 (59 of 1988) 19
  • 20.
    Use of Safetyhelmet and shoes All persons who are performing any work or services at a building or other construction work, wear safety shoes and helmets conforming to the national standards 20
  • 21.
  • 22.
    Test and periodicalexamination of lifting appliances All lifting appliances shall be tested and examined by a competent person before being taken into use for the first time or after it has undergone any alteration or repairs liable to affect its strength or stability or after erection on construction site and also once at least in every one year 22
  • 23.
    Competent person “Competent person”means a person so approved by Government, who belongs to a testing establishment in India, possessing adequate qualification, experience and skill for the purpose of testing, examination or annealing and certification of lifting appliances, lifting gears, wire ropes or pressure plant or equipment 23
  • 24.
    Identification and markingof safe working load Every lifting appliance and loose gear is clearly marked for its safe working load and identification by stamping or other suitable means Safe working load shall be marked in plain figures or letters upon the sling or upon a tablet or ring of durable material attached securely 24
  • 25.
    Operation of liftingappliances Every crane driver or lifting operator posses adequate skill and training in the operation of the particular lifting appliance No person under eighteen years of age shall be in control of any lifting appliance Operation of lifting appliances is governed by signals; in conformity with relevant national standards 25
  • 26.
    Register of periodicaltest, examination and certificate Employer shall ensure that register in specified form shall be maintained and particulars of such test and examination of lifting appliances shall be entered in register Certificate in prescribed form shall be obtained from competent person for winches, derricks, cranes, hoists, loose gear, wire ropes 26
  • 27.
  • 28.
    Safety committee Establishments, wherein500 or more building workers are ordinarily employed, safety committee shall be constituted by employer represented by equal number of representative of employer and building worker Safety committee shall meet at regular intervals at least once in a month and shall be chaired by person having overall control over affairs of site 28
  • 29.
    Safety officer Establishment wherein500 or more building worker are employed, employer shall appoint safety officer Safety officer may be assisted by suitable and adequate staff NO. OF SAFETY OFFICERS Upto 1000 building workers One Upto 2000 building workers Two Upto 5000 building workers Three Upto 10000 building workers Four For every additional 5000 one workers or part thereof 29
  • 30.
    Reporting of accident Noticeof any accident on the construction site which either causes loss of life or disables a building worker from working for a period of forty eight hours or more immediately following the accident, shall forthwith be sent to Regional Labour commissioner (Central) board with which the building worker involved in accident was registered as a beneficiary Director general and next in kin or other relative 30
  • 31.
    Reporting of accident Noticeof accident at construction site which causes loss of life or disables such building worker from work for more than ten days following the accident shall also be sent to Office incharge of nearest police station district magistrate 31
  • 32.
  • 33.
    Medical examination ofbuilding workers Building worker who is employed for a work involving risk or hazards as the Director General considers appropriate shall be medically examined Every operator of a crane, winch or other lifting appliances, transport equipment or vehicle shall be medically examined and again periodically No building worker shall be charged for medical examination Record of such medical examination shall be maintained 33
  • 34.
    Ambulance Van An ambulancevan shall be provided or an arrangement shall be made with a nearby hospital for providing such ambulance van for transportation of serious cases of accident or sickness of the building workers to the hospital promptly and such van is maintained in good repair and is equipped with standard facilities 34
  • 35.
    First-aid Sufficient number offirst-aid boxes or cupboards shall be provided and maintained The box should be distinctly marked “First-aid” and shall be equipped with specified articles Trained first-aider shall be engaged at site 35
  • 36.
  • 37.
    Latrines and urinalaccommodation Adequate number of Latrines and urinals to be provided at construction site Conveniently situated and accessible to building workers at all times Adequately lighted and shall be maintained in clean and sanitary condition Those connected with flush sewage system shall comply with requirement of public health authorities 37
  • 38.
    Canteens In every placewherein not less than 250 workers are employed, the employer shall provide adequate canteen in specified manner Canteen shall consist of dining hall with sufficient furniture,kitchen, store-room, pantry and washing places Sufficiently lighted at all times when any person has access to it Premises shall be maintained in clean and sanitary condition 38
  • 39.
    Drinking Water Employer shallensure sufficient supply of wholesome drinking water All such points shall be legibly marked “Drinking Water” in a language understood by a majority of the persons No such point shall be situated within six metres of any washing place, urinal or latrine 39
  • 40.
  • 41.
    Penalty for contraventionof provisions regarding safety measures Whoever contravenes the provisions of any rules shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to two thousand rupees, or with both If any person who has been convicted of any offence punishable is again guilty of an offence, he shall be punishable on a subsequent conviction with imprisonment upto six months or with fine upto two thousand rupees or with both 41
  • 42.
    YOUR QUESTIONS PLEASE??? THANK YOU FRIENDS 42