Safety Health & Environmental Legislation > Chapter -2 > Topic -Building and other construction workers (Regulation of employment and conditions of service) Act 1996 and the central rule 1998 and state rule

 Building and other construction workers (Regulation of employment  and conditions of service) Act 1996 and the central rule 1998 and state rule

Why building & other construction workers legislation brought out and what are the responsibilities of the principal employer as per legislation- 

Building and other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 was framed to regulate the employment and conditions of service of building and other construction workers and to provide for their safety, health and welfare measures and for other similar matters. The responsibilities of a principal employer as per this legislation is to comply with the provisions of this Act, maintain lifting appliance, transport equipment and all safety devices conforming to safety standards, testing etc. discover and report defects if any, not to remove or interfere with fencing, gangway, gear, ladder, life saving appliances etc., to use only safe means of access and to keep latrines, urinals, washing facilities and canteen in clean 

Different committees constituted under building and construction workers rule ,1988

There is a central advisory committee under Building and Construction Workers Central Rules, 1998. 

This committee consists of-

(a) A chairperson to be appointed by the Central Government

(b) Three Members of Parliament, of whom two shall be elected by the House of the People and one shall be elected by the Council of States- Members

(c) Director General- Member ex officio 

(d) Director General Labor Welfare, Ministry of Labor, New Delhi- Member

(e) Director General Factory Advice Services and Labor Institutes, Mumbai- Member

(f) Four persons out of whom at least one shall be a woman to be nominated by the Central Government representing the building workers- Members

(g) Four persons to be nominated by the Central Government for representing the employers connected with the building and other construction work- Members 

(h) Two persons to he nominated by the Central Government representing one from the national level association of architects or engineers and one from an accident insurance institution-Members.

The measures necessary to control hazards in accordance with Building and Construction Workers Central Rules, 1998 are discussed below:

1. Excessive noise, vibration, etc.-  An employer shall ensure at a construction site of abuilding or other construction work that adequate measures are taken to protect building workers against the harmful effects of excessive noise or vibration at such construction site and the noise level in no case exceeds the limits laid down in Schedule VI annexed to these rules. 

2. Fire protection: An employer shall ensure at a construction site of a building or other

construction work that,

(a) such construction site is provided with

(i) fire extinguishing equipment sufficient to extinguish any probable fire at such construction

site;

(ii) an adequate water supply at ample pressure as per national standards;

(iii) number of trained persons required to operate the fire extinguishing equipment provided

under sub-clause (i);

(b) fire extinguishing equipment provided under sub-clause (i) of clause (a) is properly

maintained and inspected at regular intervals of not less than once in a year by the responsible

person and a record of such inspections is maintained;

(c) in case of every launch or boat or other craft used for transport of building workers and the

cabin of every lifting appliance including mobile crane adequate number of portable fire

extinguishing equipment of suitable type shall be provided at each of such launch or boat or

craft or lifting appliance.

3. Dangerous and harmful environment- An employer shall ensure at a construction site

of a building or other construction work that, —

(a) When an internal combustion engine exhausts into a confined space or excavation or tunnel or any other workplace where neither natural ventilation nor artificial ventilation system is adequate to keep the carbon monoxide content of the atmosphere below fifty parts per million, adequate and suitable measures are taken at such workplace in order to avoid exposure of building workers to health hazards;

(b) no building worker is allowed to enter any confined space or tank or trench or excavation

wherein there is given off any dust, fumes or other impurities of such nature and to such extent as is likely to be injurious or offensive to the building worker or in which explosives, poisonous, noxious or gaseous material or other harmful articles 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 a possibility of oxygen deficiency, unless all practical steps have been taken to remove such dust, fumes, or other impurities and dangers which may be present and to prevent any further ingress thereof , and such workplace or tank or trench or excavation is certified by the responsible person to be safe and fit for entry of such building workers. 

4. Overhead protection- 

(a) The employer shall ensure at the building or other construction work that overhead protection is erected along the periphery of every building under construction which shall be of fifteen meters or more in height when complete.

(b) Overhead protection referred to in sub-rule (1) shall not be less than two meters wide and shall be erected at a height not more than five meters above the base of the building and the  outer edge of such overhead protection shall be one hundred fifty millimeters higher than the inner edge thereof or shall be erected at an angle of not more than twenty degrees to its horizontal sloping into the building.

(c) The employer shall ensure at the building and other construction work that any area exposed to risk of falling material, article or objects is roped off or cordoned off or otherwise suitably guarded from inadvertent entry of persons other than building workers at work in such area.

5. 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 a building worker at abuilding or other construction work.

6. Corrosive substances- The employer shall ensure that corrosive substances, including alkalis and acids, shall be stored and used by a person dealing with such substances are building or other construction work in such a manner that it does not endanger the building worker and suitable protective equipment shall be provided by the employer to a building worker during handling or use of such substances at a building or other construction work and in case of spillage of such substances on the building worker, immediate remedial measures shall be taken by the employer.

7. Eye protection: Suitable personal protective equipment for the protection of eyes shall be provided by an employer and used by the building worker engaged in operations like welding, cutting, chipping, grinding or similar operations which may cause hazard to his eyes at a building or other construction work.

References -

BOCW Act

NSO Notes