NATIONAL STANDARDS & ILO CONVENTION

IS 4912: 1978 ( Safety requirements for floor and wall openings , railings and toe boards) IS 3521: 1989 ( Industrial safety belts and harness) IS 8947: 1978 Nylon Webbing for aircraft safety belts and can be used for other purposes ILO Convention no. 167 ( Article 18 requires that in respect of work at height exceeding the prescribed limit, prevention measures are to be taken against the fall of the workers, tools, material or other objects. Precautions against inadvertent stepping on or falling through the fragile material)

 About 8.5 million building and other construction workers in India as per the estimates of National Sample Survey (1987-88). These workers are one of the most numerous and vulnerable segments of the unorganised sector in India.

Need for a comprehensive Central Legislation

Work is also characterised by its casual nature, temporary relationship between employer and employee, uncertain working hours, lack of basic amenities and inadequacy of welfare facilities. Although the provisions of various Labour Laws i.e., Minimum Wages Act 1948, Contract Labour (Regulation & Abolition) Act1970 and Inter-State Migrant Workmen (Regulation of Employment & Conditions of Services) Act 1979 etc., are applicable to the building and other construction workers, a need was felt for a comprehensive Central Legislation for this category of workers.

 The Building & Other Construction Workers (Regulation of Employment and Conditions of Service) Act,1996; and

The Building & Other Construction Workers Welfare Cess Act, 1996 .

AIMS AND OBJECTIVES

To provide for regulation of employment & conditions of service of the building and other construction workers as also their S,H &W measures in every establishment which employs or employed during the preceding year ten or more workers. The exception made is only in respect of residential houses for own purpose constructed with a cost not exceeding Rs. 10 lakh and such other activities to which the provisions of Factories Act, 1948 and Mines Act, 1952 apply.

Some of the other main provisions of the Main Act are given below:
1 Provision for an Advisory Committee at the Central and the State levels with the function to advise the Governments concerned 2.Provision for registration of each establishment within a period of 60 days from the commencement of work 3.Provision for registration of building workers as beneficiaries under this Act. 4.Provision for constitution a BOCW Welfare Board by every State Government

5.Provision for immediate assistance in case of accidents, old age pension, loans for construction of house, premia for group insurance, financial assistance for education, to meet medical expenses, maternity benefits etc. 6.Provision for H & S measures for the construction workers in conformity with ILO convention No.167 concerning safety and health in construction. For this purpose comprehensive Central Rules ,1998 have been notified by the Central Government. 7.Provision for constitution of safety committees in every establishment employing 500 or more workers with equal representation from workers and employers in addition to appointment of safety officers qualified in the field. 8.Provision for Penalties of fine and imprisonment for violation and contravention of the Act

FUNDING
To raise the Funds for provision of various welfare measures, the Main Act provides for constitution of Welfare Boards.
Major source of the Funds shall be collection of cess at rates not exceeding 2% of the cost of construction incurred by an employer.

Collection of funds and administration of the Welfare Boards would be the responsibility of concerned State Governments.

GOVERNMENT POLICY
Governments policy is to ensure :
that the intended benefits and advantages reach the construction workers at the earliest and in full measure.

The Building & Other Construction Workers Welfare Cess Act, 1996 . ( 28 of 1996 )
To provide for the levy and collection of a cess on the cost of construction incurred by employers ( resources of the BOCW ) Under the Act 1% cess shall be collected from every employer where the cost of construction is more than Rs. 10 lakhs. The proceeds of the cess so collected shall be paid by the local authority or the State Government collecting the cess to the Board after deducting the cost of collection of such cess not exceeding 1% 0f the amount collected. Central Government may, exempt any employer or class of employers in a State from the payment of cess payable under this Act where such cess is already levied and payable under any corresponding law in force in that State. Responsibility for enforcement of the Act primarily lies with the State Governments/UTs.

ENFORCEMENT

( Total XI CHAPTERS & 64 SECTIONS) CHAPTER I

BOCW ACT,1996

1. SHORT TITLE, EXTENT COMMENCEMENT & APPLICATION

2. DEFINITIONS

DEFINITIONS
2(b)"beneficiary" means a building worker registered under section 12; 2(c) "Board" means a Building and Other Construction Workers' Welfare Board constituted under subsection (1) of Section 18;

2(d) "building or other construction work" means the construction, alteration, repairs, maintenance or demolition of or in relation to, buildings, streets, roads, railways, tramways, airfields, irrigation, drainage, embankment and navigation works, flood control works (including storm water drainage works), generation, T & D of power, waterworks (including channels for distribution of water), oil and gas installations, electric lines, wireless, radio, television, telephone, telegraph and overseas communications, dams, canals, reservoirs, watercourses, tunnels, bridges, viaducts, aqueducts, pipelines, towers, cooling towers, transmission towers and such other work as may be specified in this behalf by the appropriate Government, by notification but does not include any building or any construction work to which the provisions of the Factory Act, 1948 (63 of 1948), or the Mines Act, 1952 (35 of 1952), apply;

2(e) "building worker" means a person who is employed to do any skilled, semi-skilled or unskilled, manual, supervisory, technical or clerical work for hire of reward, whether the terms of employment be expressed or implied, in connection with any building or other construction work but does not include any such person- (i) who is employed mainly in a managerial or administrative capacity; or (ii) who, being employed in a supervisory capacity, draws wages exceeding one thousand six hundred rupees per menses or exercises, either by the nature of the duties attached of the office or by reason of the power vested in him, function mainly of a managerial nature;

2(j) "establishment" means any establishment belonging to, or under the control of, Government, by body corporate or firm, an individual or association or other body individuals which or who employs building workers in any building or other construction work; and includes an establishment belonging to a contractor, but does not include an individual who employs such workers in any building or construction work in the relation to his own residence the total cost of such construction not being more than rupees ten lakhs; 2(k) "Fund" means the Building and Other Construction Workers' Welfare Fund of a Board constitute under sub-section (1) Section 24;

CHAPTER II
3. CENTRAL ADVISORY COMMITTEE

4. STATE ADVISORY COMMITTEE

3.Central Advisory Committee

To advise the Central Government on such matters erasing out of the administration of this Act as may be referred to it. (2) CAC shall consist 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 by the Council of State-members; (c) the DG-member, ex officio; (d) such number of other members, not exceeding thirteen but not less than nine, as the Central Government may nominate to represent the employers, building workers, associations of architects, engineers, accident insurance institutions and any other interests which, in the opinion of the Central Government, ought to be represented on the Central Advisory Committee.

4.State Advisory Committee

To advise the State Government on such matters arising out of the administration of this Act as may be referred to it. (2) SAC shall consist of - (a) a Chairperson to be appointed by the State Government; (b) two members of the State Legislature to be elected from the State Legislature-members; (c) a member to be nominated by the Central Government; (d) the Chief Inspector-member, ex officio; (e) such number of other members, not exceeding eleven, but not less than seven, as the State Government may nominate to represent the employers, building workers, associations of architects, engineers, accident insurance institutions and any other interests which, in the opinion of the State Government, ought to be represented on the State Advisory Committee.

CHAPTER III
6. APPOINTMENT OF REGISTERING OFFICERS
7. REGISTRATION OF ESTABLISHMENTS

8. REVOCATION OF REGISTRATION IN CERTAIN CASE

9.APPEALS 10. EFFECT OF NON-REGISTRATION

CHAPTER IV
11. BENEFICIARIES OF THE FUND
12. REGISTRATION OF BUILDING WORKERS AS BENEFICIARIES

13. IDENTITY CARDS

14. CESSATION AS A BENEFICIARY 15. REGISTER OF BENEFICIARIES 16. CONTRIBUTION OF BUILDING WORKERS 17. EFFECT OF NON-PAYMENT OF CONTRIBUTION

CHAPTER V
18. CONSTITUTION OF STATE WELFARE BOARDS 19. SECRETARY AND OTHER OFFICERS OF BOARDS 20. MEETINGS OF BOARDS 21. VACANCIES ETC., NOT TO INVALIDATE PROCEEDINGS OF THE BOARDS 22. FUNCTIONS OF THE BOARDS 23. GRANTS AND LOANS BY THE CENTRAL GOVERNMENT 24. BUILDING AND OTHER CONSTRUCTION WORKERS' WELFARE FUND AND ITS APPLICATION 25. BUDGET 26. ANNUAL REPORT 27. ACCOUNTS AND ADULTS

CHAPTER VI
28. FIXING HOURS FOR NORMAL WORKING DAY, ETC 29. WAGES FOR OVERTIME WORK 30. MAINTENANCE OF REGISTER AND RECORDS

31. PROHIBITION OF EMPLOYMENT OF CERTAIN PERSONS IN CERTAIN BUILDING OR OTHER CONSTRUCTION WORK 32. DRINKING WATER
33. LATRINES AND URINALS

34. ACCOMMODATION
35. CRECHES 36. FIRST-AID 37. CANTEENS, ETC

CHAPTER VII
38. SAFETY COMMITTEE AND SAFETY OFFICERS 39. NOTICE OF CERTAIN ACCIDENTS 40. POWER OF APPROPRIATE GOVERNMENT TO MAKE RULES FOR THE SAFETY AND HEALTH OF BUILDING WORKERS 41. FRAMING OF MODEL RULES FOR SAFETY MEASURES

CHAPTER VIII
42. APPOINTMENT OF DIRECTOR-GENERAL, CHIEF INSPECTOR AND INSPECTORS
43. POWERS OF INSPECTORS

CHAPTER IX
44. RESPONSIBILITY OF EMPLOYERS
45. RESPONSIBILITY FOR PAYMENT OF WAGES AND COMPENSATION 46. NOTICE OF COMMENCEMENT OF BUILDING OR OTHER CONSTRUCTIVE

WORK

CHAPTER X
47. PENALTY FOR CONTRAVENTION OF PROVISIONS REGARDING SAFETY MEASURES 48. PENALTY FOR FAILURE TO GIVE NOTICE OF THE COMMENCEMENT OF THE BUILDING OR OTHER CONSTRUCTION WORK

49. PENALTY FOR OBSTRUCTIONS 50. PENALTY FOR OTHER OFFENCES

51. APPEAL
52. RECOVERY OF PENALITY 53. OFFENCES BY COMPANIES 54. COGNIZANCE OF OFFENCES 55. LIMITATION OF PROSECUTIONS

CHAPTER XI (MISC.)
56. DELEGATION OF POWERS 57. RETURNS 58. APPLICATION OF ACT 8 OF 1923 TO BUILDING WORKERS

59. PROTECTION OF ACTION TAKEN IN GOOD FAITH

60. POWER OF CENTRAL GOVERNMENT TO GIVE DIRECTIONS

61. POWER TO REMOVE DIFFICULTIES

62. POWER TO MAKE RULES 63. SAVING OF CERTAIN LAWS 64. REPEAL AND SAVING

 The Building and Other Construction Workers (Regulation of Employment and Conditions Of Service) Central Rules, 1998
CHAPTERS XXX Rules 252 SCHEDULE XII FORMS XXVI

EXCESSIVE NOISE ( Rule 34) Total time of Exposure ( Continuous or a short term Exposure) Per day ( in Hours)

PART III SAFETY & HEALTH, CHAPTER VI,

Noise Level in dBA

8 6 4 3 2 1

90 92 95 97 100 105 107 110 115

FIRE PROTECTION ( Rule 35)

An employer shall ensure: Fire extinguishing equipment sufficient to extinguish any probable fire at such const. sites An adequate water supply at ample pressure as per National standards. No. of trained persons for the operation of fire extinguishing equipment Maintenance and inspection regularly not less than once in a year by responsible person. Provision of fire extinguishing equipment in a launch or boat for the transportation of workers & Cabin of lifting appliances and mobile crane.

Emergency action plans ( Rule 36)

Emergency action plans.In case more than 500 B.Workers are employed, An employer shall submit the action plan for following emergencies for the approval of D.G.

(a) fires and explosions; (b) collapse of lifting appliances & transport equipment (c) collapse of buildings, sheds or structures etc; (d) gas leakages and spillage of dangerous goods or chemicals; (e) drowning of building workers, sinking of vessels, (f) Land slides getting building workers buried, storms and other natural calamities.

Two-point suspension scaffold suspended from parapet hooks. Will this (damaged) parapet wall support the scaffold? A "Qualified Person" must make this determination. Parapet hooks need to be tied back in case of wall failure.

DGFASLI

LIFTING & CARRYING OF EXCESSIVE WEIGHT ( Rule 38)

No Building Worker lifts by hand or carries over head or over his back or shoulders any material, article, tool or appliance exceeding in weight the maximum limits set out in the following table.

------------------------------------------------------------------------------------------------Persons Maximum wt. Load -----------------------------------------------------------------------------------------------(a) Adult man .. 55 Kilograms (b) Adult Woman .. 30 Kilograms (c) Adolescent male .. 30 Kilograms (d) Adolescent female .. 20 Kilograms ------------------------------------------------------------------------------------------------Unless aided by any other building worker or a mechanical device

HEALTH & SAFETY POLICY( Rule 39)

Preparation of H & S policy by establishment employing 50 or more Building workers & submission to D.G for approval.

DANGEROUS & HARMFUL ENVT. (Rule 40)

a) Adequate & suitable measures by Employer when carbon monoxide content of the atmosphere is below 50 ppm due to exhaust by internal Combustion engine into a confined space or excavation or tunnel or any other work place where neither natural ventilation nor artificial ventilation system is adequate
b) No permission to enter B. Workers into confined space, tank, trench or excavation

SLIPPING,TRIPPING,CUTTING,DROWN ING & FALLING HAZARDS ( Rule 42)

Passageways , platforms and other places to be kept free from accumulations of dust, debris or similar material and from obstruction that may cause tripping
Protection from drowning & rescuing from hazards of falling into water or from height Provision of safety net in accordance with national standards so as to protect from falling material, tools or workers.

ACCEPTABLE
Structural Beams Fall arrest inertia reel with energy absorber

End of fall (no contact with structure)

Appropriate use of a harness system in the erection and dismantling of a hung scaffold.

NO WALKWAYS

ELECTRICAL HAZARDS ( Rule 47)

Measures to prevent workers coming into physical contact with electricity causing electrical hazards Display & maintenance of warning signs in hindi and local language Use of insulated protective gloves & foot wear by Workers using jack hammers, crowbar or other hand tool when underground location of Electric power is not known Electrical appliances are of sound material anmd adequately earthed. Earth leakage circuit breaker with all temporary electrical installations Electrical installations to comply with law

De-energize electric lines

Is this scaffold too close to the powerlines?

DGFASLI

STABILITY OF STRUCTURES ( Rule 49)

No wall, chimney or other structure to leave unguarded in such a condition that it may fall or weaken due to wind pressure, vibration or due to other reason

Old drainage found during excavation

PEDESTRIAN ROUTE

Test loads: (1) Lifting Appliance:

TEST & PERIODICAL EXAMINATION OF LIFTING APPLIANCES ( Rule 56)LIFTING GEAR ( Rule 70)

Safe working load Upto 20 tonnes 20 to 50 tonnes Over 50 tonnes

Test load 25 per cent in excess of SWL 05 tonnes in excess of SWL 10% in excess of SWL

(2) Lifting gear: (a) Every ring, hook, chain, shackle, swivel, eyebolt, plate clamp, triangular plate or pulley block (except single sheave block) SWL (In tonnes) Upto 25 Above 25 Test load (In tonnes) 2X safe working load (1.22 X SWL)+20

c) In the case of a multi sheave block SWL (In tonnes) Upto 25 25 to 160 Above 160 Test load (In tonnes) 2 X SWL (0.9933 X SWL)+27 1.1 X SWL

(g) Every lifting beam, lifting frame, container spreader, bucket, tub, or other similar devices Proposed safe working (In tonnes) Upto 10 10 to 160 Above 160 Test load (In Tonnes) 2 X SWL (1.04 X SWL)+9.6 1.1 X SWL

Operator's Cabin ( Rule 63)

Fire resistant material
Suitable seat, a foot rest and protection from vibration An adequate view of the area of operation Necessary access to working parts in cab Adequately ventilated Fire extinguisher

ACCESS AND EGRESS

CHAPTER X TRANSPORT AND EARTH MOVING EQUIPMENT( RULE 88 to 95)

Transport & Earth moving equipment of good material, proper design and sound construction Twist locks on all the 4 corners on trailers carrying containers Inspection of transport equipment and EMQ by responsible person once in a week Effective brakes, head lights , and tail lamp with power trucks & trailers Side stanchions

 Safe gangways in loading and unloading transport equipment Safe carrying capacity No unauthorized person Manoeuvres the transport equipment under the direction of signaler Adequate precautions when operating in dangerous proximity to any live electric conductors

Vehicles not to leave on slopes with engine running

Operation by adequately trained persons

ENCLOSED EXCAVATION?

CHAPTER XII DEMOLITION( Rule 108 to 118)

Before Demolition Ensure removal of glass or similar material from exterior openings
Put off water, steam, electric gas or other supply lines and suitably capped

Permission from local authority

Examination of adjacent structures

Demolition of walls, partition, etc (Rule 110)

Demolition in a systematic manner as per SOP Masonry not to be permitted to fall in such masses or volume or weight as to endanger the structural stability of any floor No wall, chimney or other structure to leave unguarded in such a condition that it may fall , collapse or weaken due to wind pressure or vibration Safe footing for demolition of exterior walls by hand

Inspection ( Rule 116), Warnings signs , barricades ( Rule 117)

Inspection by responsible person during demolition so as to detect hazards resulting from weakened or deteriorated floors or walls or loosened material.
Warning signs for restricting unauthorized persons

Suitable catch platforms at a level not more than 6 meters below working level during demolition of an exterior masonry wall or a roof from a point more than 12 meters

Mechanical Method of Demolition ( Rule 118)

Building or structure not more than 24 meter in height

In case of use of swinging weight for demolition, A zone of such demolition having radius at least one and a half times the height of the structure be maintained
Where clamshell bucket is used for demolition, Maintain zone with in 8 meter of the line of travel of such bucket

Ladders & Step ladders ( Rule172 to 174)

Every ladder is Secured so as to prevent undue swaying
Equally & properly supported to each of its upright So used as not to cause undue sagging Placed as nearly as possible at an inclination of four in one

Catch Platforms 2 meter wide, inclined so the outer edge is 1500 mm higher than inner edge with fencing up to 1 meter height

Catch Platform & Hoardings, Chutes, Safety Belts & Nets ( Rule 175 to 180)

Chutes Wooden or metal chutes at an angle of more than 45 degree with the horizontal to be closed from all the sides except openings.
Sound material, dequate strength and suitable for the purpose Construction by professional engineer and approval by D.G for the chute exceeding 12 meter in height Warning notice at the discharge end of every chute

Gaps as big as three feet where the scaffold platform goes around the column create fall hazards. There are also no midrails or toeboards.

DGFASLI

Safety Belt, Safety Net (

Rule 178 to 180)

Safety belt, life lines & other related devices as per National standards Adequate knowledge to use safety belt and its maintenance Inspection by responsible person before taken into use Safety Net Adequate strength, sound material and its suitability for use and conforms to National Standards Responsible person to ensure safe fixing of safet nets.

Proper arrangements for storing of safety belts, safety nets etc.

Personal fall protection equipment : is made up of 3 essential elements : 3- Harnes

2- Fall-arrest equipment

1- Anchorage

SAFETY OFFICER ( Rule 209)

Schedule VIII Up to 1000 building Workers One S.O Up to 2000 building Workers Two S.O Up to 5000 building Workers Three S.O Up to 10000 building Workers Four S.O For every additional 5000 B.Workers or part there of, one Safety Officer

HAZARDOUS PROCESS ( Rule 225)

Roof Work
Steel Erection Work over and under Water

Demolition
Work in confined spaces

A Bamboo Scaffold

DGFASLI

A Steel Scaffold

DGFASLI

Notifiable Occp. Diseases ( Rule 230)

(1) Occupational dermatitis (2) Occupational Cancer (3) Asbestosis (4) Silicosis. (5) Lead poisoning, including poisoning by any preparation or compound of lead or their sequelae (6) Benzene poisoning, including poisoning by any of its homologues, their nitro or amide derivatives or its sequelae. (7) Occupational Asthma (8) Pesticide poisoning (9) Carbon monoxide poisoning (10) Toxic Jaundice (11) Toxic anemia ( 12) Compressed Air illness ( caission disease) (13) Noise induced hearing loss (14) Isocyanates Poisoning (15) Toxic nephritis