Welcome to the Session on Overview of legal issues in construction Liability of the contractor and the principal employer including insurance and compensationAB LAL

Overview of Buildings & Other Construction workers Act 1996 and the Central Rules 1998Overview of Insurance Policies regarding construction industry

Broad 0utlines of the presentation

The Building and other Construction workers (Regulation of Employment and conditions of Service) Act, 1996Chapters : XISections: 64

Salient features of the Safety & Health Provisions

Objectives

To regulate the employment & conditions of Service

To provide for Safety, Health & Welfare measures

To give the Building & Construction Workers Social security

ApplicabilityEstablishment

The Act has been made applicable to even small establishments employing: 10 workers in any building and other construction work in any day of the year.

Section 2(j), i.e, definition of establishments:An individual employing construction workers in relation to construction of his residence of value not more than Rs. 10 lakh is not an establishment.

Coverage

The term of building and other construction work has been defined to bring all such other activities under the definition of the term by Notification.The Act also puts the Government Departments and the Contractors on the same footing as employer. Any department of Govt. employing construction workers directly without any contractor is liable for consequences of non- observance of law.

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)

ExemptionAny building or Construction work to which Factories Act, 1948 or Mines Act, 1952 apply.

CHAPTER VII SAFETY AND HEALTH MEASURES

Section 38. Safety Committee and Safety Officers (1) In every establishment wherein five hundred or more building workers are ordinarily employed, the employer shall constitute a Safety Committee consisting of such number of representatives of the employer and the building workers as may be prescribed by the State Government:

PROVIDED that the number of persons representing the workers, shall, in no case, be less than the persons representing the employer. (2) In every establishment referred to in sub-section (1), the employer shall also appoint a safety officer who shall possess such qualifications and perform such duties as may be prescribed.

Section 39. Notice of certain accidentsDeath/Disability for 48 hours or moreNotice by Employer to the authority.Enquiry by the authority within a month is must in case of death to five or more persons

Section 40.Power of appropriate Government to make rules for the safety and health of building workers

Section 41. Framing of model rules for safety measures

CHAPTER IX SPECIAL PROVISIONS Section 44. Responsibility of employers An employer shall be responsible for providing constant and adequate supervision of any building or other construction work in his establishment as to ensure compliance with the provisions of this Act relating to safety and for taking all practical steps necessary to prevent accidents.

CHAPTER X PENALTIES AND PROCEDURE Section 47. Penalty for contravention of provisions regarding safety measures

Section 48. Penalty for failure to give notice of the commencement of the building or other construction work

Section 49. Penalty for obstructions

The Building and other Construction workers (Regulation of Employment and conditions of Service) Central Rules, 1998

Central Rules.The Central Rules are divided into 5 parts, comprising 30 chapter, 12 schedules and 26 forms.

Part III comprising of 20 chapter. Chapter VI to XXV are concerning safety and health.

CHAPTER II

Rule 5:

RESPONSIBILITIES AND DUTIES OF EMPLOYERS, ARCHITECTS, PROJECT ENGINEERS AND DESIGNERS, BUILDING WORKERS, ETC.

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

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

PART IIISafety and HealthChapter VIGENERAL PROVISIONS

Rule 34: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

Rule 35: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 less than one year

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

Rule 36: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

Rule 37. Fencing of motors, etc.

An employer shall ensure at a construction site of a building or other construction work that-- (a) all motors, cogwheels, chains and friction gearing, flywheels, shafting, dangerous and moving parts of machinery (whether or not driven by mechanical power) and steam pipes are securely fenced or lagged; (b) the fencing of dangerous parts of machinery is not removed while such machinery is in motion or in use; (c) no part of any machinery which is in motion and which is not securely fenced is examined, lubricated, adjusted or repaired except by a person skilled for such examination, lubrication, adjustment or repairs; (d) machine parts are cleaned when such machine is stopped; (e) when a machine is stopped for servicing or repairs, adequate measures are taken to ensure that such machine does not re-start inadvertently

Rule 38: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

unless aided by any other building worker or a mechanical device

Sheet1

PersonMaximum Weight Load

Adult - man55 kg

Adult - woman30 kg

Adolescent - male30 kg

Adolescent - female20 kg

Sheet2

Sheet3

Rule 39: Health and safety policy

SAFETY POLICYA POLICY RELATING TO STEPS TO BE TAKEN TO ENSURE THE SAFETY AND HEALTH OF THE BUILDING WORKERS, THE ADMINISTRATIVE ARRANGEMENT THERE FOR AND THE MATTERS CONNECTED THERE WITH, TO BE FRAMED BY THE EMPLOYERS AND CONTRACTORS.

1) (a) Every establishment employing fifty or more building workers shall prepare a written statement of policy in respect of safety and health of building workers and submit the same for the approval of the Director General;

(b) the policy referred to in clause (a) shall contain the following, namely: (i) the intentions and commitments of the establishment regarding health, safety and environmental protection of building workers; (ii) organizational arrangements made to carry out the policy referred to in clause (a) specifying the responsibility at different levels of hierarchy; (iii) responsibilities of the principal employer, contractor, sub-contractor, transporter or other agencies involved in the building or other construction work;

iv) techniques and methods for assessment of risk to safety, health and environmental and remedial measures therefor; (v) arrangements for training of building workers, trainers, supervisors or other persons engaged in the construction work; (vi) other arrangements for making the policy referred to in clause (a), effective; (c) the intention and commitment referred to in sub-clause (i) of clause (b) shall be taken into account in making decisions relating to plant, machinery, equipment, materials and placement of building workers.

2) A copy of the policy referred to in clause (a) of sub-rule (1), signed by an authorised signatory shall be sent to the Central Government. (3) The establishment shall revise the policy referred to in clause (a) of sub-rule (1) as often as necessary under the following circumstances, namely: (i) whenever any expansion or modification having implication on safety and health of the building workers is made in such building or other construction work; or

(ii) whenever any new building or other construction work, substances, articles or techniques are introduced having implication on health and safety of building workers. (4) A copy of the policy referred to in sub-clause (a) of sub-rule (1) shall be displayed at the conspicuous places in Hindi and a local language understood by the majority of building workers at a construction site.

Dust, gases, fumes etc.Rule 40. Dangerous and harmful environment

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

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

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

Rule 46. 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

Rule 47: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

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

Rule 48: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)

Rule 49.Stability of structures

The employer shall ensure that no wall, chimney or other structure or part of a structure is left unguarded in such condition that it may fall, collapse or weaken due to wind pressure, vibration or due to any other reason at a site of a building or other construction work.

Rule 50. Illumination of passageways, etc.

The employer shall ensure that illumination sufficient for maintaining safe working conditions at a site of a building or other construction work is provided where building workers are required to work or pass and for passageways, stairways and landing, such illumination is not less than that provided in the relevant national standards.

Rule 51. Stacking of materials

The employer shall ensure, at a construction site of a building or other construction work that-- (a) all building materials are stored or stacked in a safe and orderly manner to avoid obstruction of any passageway or place of work; (b) material piles are stored or stacked in such a manner as to ensure stability; (c) material or equipment is not stored upon any floor or platform in such quantity as to exceed its safe carrying capacity; (d) material or equipment is not stored or placed so close to any edge of a floor or platform as to endanger the safety of persons below or working in the vicinity.

Rule 52. Disposal of debris

The employer shall ensure at a construction site of a building or other construction work that-- (a) debris are handled and disposed of by a method which does not cause danger to the safety of a person; (b) debris are not allowed to accumulate so as to constitute a hazard; (c) debris are kept sufficiently moist to bring down the dust within the permissible limit; (d) debris are not thrown inside or outside from any height of such building or other construction work; (e) on completion of work, left over building material, article or other substance or debris are disposed of as soon as possible to avoid any hazard to any traffic or person.

Rule 53. Numbering and marking of floors

The employer shall ensure that each floor or level of a building or other construction work is appropriately numbered or marked at the landing of such floor or level.

Rule 54. Use of safety helmets and shoes

The employer shall ensure that 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.

CHAPTER VII LIFTING APPLIANCES AND GEAR

Rule 55 - 81: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

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

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

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

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

CHAPTER VIII Rule 82-85RUNWAYS AND RAMPS

CHAPTER IXRule 86-87 WORK ON OR ADJACENT TO WATER

CHAPTER X TRANSPORT AND EARTH MOVING EQUIPMENT Rule 88 - 95. Earth moving equipment and vehicles

CHAPTER XI CONCRETE WORK Rule 96-107. General provisions regarding use of concrete

CHAPTER XII DEMOLITION Rule 108 -118.

CHAPTER XIII EXCAVATION AND TUNNELLING WORKS Rule 119-168

CHAPTER XIV CONSTRUCTION, REPAIR AND MAINTENANCE OF STEEP ROOF Rule 169-171

CHAPTER XV LADDERS AND STEP-LADDERS Rule 172-174

CHAPTER XVI CATCH PLATFORM AND HOARDINGS, CHUTES, SAFETY BELTS AND NETS Rule 175-180

CHAPTER XVII STRUCTURAL FRAME AND FRAMEWORK Rule 181-185

CHAPTER XVIII STACKING AND UNSTACKING Rule 186 -187

CHAPTER XIX SCAFFOLD Rule 188-205

CHAPTER XX COFFERDAMS AND CAISSONS Rule 206 -207

Safety OrganisationRule 208 -211

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

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

Requirement of Safety Officer - FactoryNo. of Workers ordinarily requiredNo. of Safety Officers1000 but not exceeding 20001Above 2000 but not exceeding 50002Above 5000 but not exceeding 10,0003Above 10, 000 4

Requirement of Safety Officer - Construction SectorNo. of Workers ordinarily requiredNo. of Safety OfficersUpto 10001Upto 20002Upto 5000 3upto 10, 000 4For every additional 5000 workers or poart there of 1

CHAPTER XXII EXPLOSIVES Rule 212 -213

CHAPTER XXII PILING Rule 214 -222

CHAPTER XXIV MEDICAL FACILITIES Rule 223 232

CHAPTER XXV INFORMATION TO BUREAU OF INDIAN STANDARDS 233. Furnishing of information to Bureau of Indian Standards

PART IV HOURS OF WORK, WELFARE, PAYMENT OF WAGES, REGISTERS AND RECORDS, ETC. CHAPTER XXVI HOURS OF WORK, REST INTERVALS AND WEEKLY OFF, ETC. 234 -237. Hours of work, intervals of rest and spread over etc.

CHAPTER XXVII NOTICES, REGISTERS, RECORDS AND COLLECTION OF STATISTICS 238 - 242. Notice of wage periods, etc.

CHAPTER XXVIII WELFARE OF BUILDING WORKERS 243. -247 Latrine and urinal accommodation

CHAPTER XXIX WAGES 248 249. Payment of wages

PART V MISCELLANEOUS PROVISIONS CHAPTER XXX 250 -252 POWERS OF DIRECTOR GENERAL AND INSPECTORS

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

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

Cognizance of Offence:A major departure in the enforcement of this law has been made by providing for filing of complaint even by office bearers of voluntary organizations registered under Societies Act or office- bearers of concerned trade union registered under Trade Unions Act (Section 54).

Present Status

Labor Enforcement Officers of Chief Labor Commissioners Organization are under process of training at V.V. Giri National Labour Institute, NOIDA

Enforcement in Central Sphere.The Chief Labour Commissioner Organization is entrusted with the task of enforcement of this Act in the central sphere and Chief Labour commissioner is appointed as the Director General in Inspection to exercise the powers of inspectors throughout the country, lay down the standard of inspections and exercise general control and supervision on inspectors.

TABLE- IParticulars of Inspection Conducted under Building and Other Construction (Re&Cc) Act 1996 From January 2001 to February 2002 in Central Sphere.

State of Andhra Pradesh, Arunachal Pradesh, Bihar, Goa, Gujarat, Haryana, J&K, Madhya Pradesh, Maharashtra, Manipur, Orissa, Punjab, Rajasthan, Tripura, Uttar Pradesh and West Bengal are in the process of framing and finalizing the rules, notifying the authorities, etc.

GIST

Awareness Campaign of New Legislation through Seminar and Workshops.For successful implementation of the law, it is necessary too generate awareness and proper understanding about the provisions and objective of the Act. There should be realization that cost of implementation is cheaper than cost of violation. Without such awareness campaign the rate of implementation is bound to be slow.

Preventable Accidents, if not prevented due to our negligence, it is nothing short of a murder.

Champions learn from their mistakes;Losers repeat them**********