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)
Transcript
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)
Need for a comprehensive Central Legislation
• 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.
• 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
Government’s policy is to ensure :
that the intended benefits and advantages reach the construction workers at the earliest and in full measure.
ENFORCEMENTThe 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.
BOCW ACT,1996( Total XI CHAPTERS & 64 SECTIONS)
CHAPTER I
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 sub-section (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 IV11. 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 V18. 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 VI28. 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
PART III SAFETY & HEALTH, CHAPTER VI, EXCESSIVE NOISE ( Rule 34)Total time of Exposure Noise Level in ( Continuous or a short term dBAExposure) Per day ( in Hours)
8 90 6 92 4 95 3 97 2 100
1 105 ¾ 107 ½ 110 ¼ 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.
DGFASLIDGFASLI
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.
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
• 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.
ACCEPTABLEStructural Beams
Fall arrest inertia reelwith energy absorber
End of fall (nocontact withstructure)
Appropriate use of a harness system in the erection anddismantling 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?
DGFASLIDGFASLI
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 duringexcavation
PEDESTRIAN ROUTE
TEST & PERIODICAL EXAMINATION OF LIFTING APPLIANCES ( Rule 56)LIFTING GEAR ( Rule 70)
Test loads:(1) Lifting Appliance:
Safe working load Test load Upto 20 tonnes 25 per cent in excess of SWL 20 to 50 tonnes 05 tonnes in excess of SWL Over 50 tonnes 10% in excess of SWL
• 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
• 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
DGFASLIDGFASLI
A Steel Scaffold
DGFASLIDGFASLI
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
