NOTE ON SAFETY, HEALTH AND WELFARE PROVISIONS AS PER BOCW ACT 1996

 

NOTE ON SAFETY, HEALTH AND WELFARE PROVISIONS AS PER BOCW ACT 1996

The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 is enacted to regulate the employment and conditions of service of building and other construction workers and to provide for their safety, health and welfare measures

CHAPTER VII especially deals with SAFETY AND HEALTH MEASURES to be taken up by establishments while employing construction workers. The main provisions made under this act are 

1. SAFETY COMMITTEE AND SAFETY OFFICER
2. NOTICE OF CERTAIN ACCIDENTS
3.  RULES RELATED TO HEALTH AND SAFETY OF BUILDING WORKERS

SAFETY COMMITTEE AND SAFETY OFFICER:  

• In every establishment when more than 500 building workers are employed, the employers shall constitute a Safety Committee which consists of both representatives of employers and building workers, representation of building workers should not be less than the persons representing the employers. 
• The employer should also appoint a safety officer who shall have the necessary qualifications and should be performing duties as required.

NOTICE OF CERTAIN ACCIDENTS:  

• In any establishment, if there is an accident that causes death or bodily injury which prevents the worker from reporting within 48 hours following the accident, the employer shall give notice to the concerned authority  
• If the accident causes five or more deaths, the concerned authority shall make and inquiry within one month of the receipt of notice

 

RULES RELATED TO HEALTH AND SAFETY OF BUILDING WORKERS: 

• Providing safe means of access to building workers with suitable and sufficient scaffolding /ladder or any other support        
• Proper precautions to be taken while taking up the demolition works by making sure that explosives used in demolition works are handled by competent persons so that risk of explosion or flying debris does not injure any person
• Only authorized and competent persons should drive such as trucks, wagons and trailers 
• Proper precautions are to be ensured during erection, installation, use and maintenance of hoists, lifting appliances and lifting gear and they be should periodically be tested and examined by the competent authority.
• Provision of adequate and suitable lighting at every workplace.
• Precautions to be taken to prevent inhalation of dust, fumes, gases or vapors and to maintain adequate ventilation of every working place or confined place
• Proper precautions to be taken while stacking and unstacking, stowing and unstowing
• To ensure proper safeguarding of machinery and to properly handle tools and equipment operated with compressed air,
• Proper precautions to be taken during the fire 
• Provide limits of weight to be lifted by workers
• Proper standards to be compiled while working with scaffolds, ladders, stairs, lifting appliances, ropes, chains and accessories and floating of operational equipment
• Safety policy to be framed by the employers and contractors which indicate the steps taken for ensuring the safety and health of the worker.

            

WELFARE MEASURES

To take care of the welfare of construction workers, every state government has constituted a construction workers welfare board which has equal representation of state government members, employers and building workers and at least one member of the board shall be women and  the welfare board through the welfare fund

• Provides assistance in case of accident and pension for beneficiaries who have completed 60 years of age.
• Provides financial assistance of the education of children and medical expenses for treatment of major ailments for the beneficiaries. 

CHAPTER VI of this act deals with WELFARE MEASURES

• Provision of drinking water at suitable convenient points in the construction site for all the workers and such points should not be anywhere near six meters from any washing place, urinal or latrine.
• Proper provision of latrines and urinals which are conveniently suitable and accessible to all workers at all times
• Provision of creches if more than 50 female workers are employed at the construction site 

 

HEALTH SERVICES FOR THE BUILDING WORKERS

As per The Building and Other Construction Workers ‘(Regulation of Employment and Conditions of Service) central rules, 1998, 

1.       Rule 229 ensures that the employer  provides occupational health service at the construction site at all times, the occupational health centre should provide the following services

• First aid and emergency services
• Medical examination for occupational hazards for all workers before employment and at regular intervals thereafter
• Training of First aid personnel. 
• Advice employer on conditions and improvements required to avoid the hazard.
• Promote health education among workers.
• To cooperate with the Inspector having jurisdiction in the detection, measurement and evaluation of chemical, physical or biological factors suspected of being harmful to such building workers
• Immunization of all building workers from tetanus, typhoid, cholera and other infectious substances
  
  

2.      Rule 230 ensures that employer sends form XIII duly filled to the inspector and welfare board as and when any worker contracts any occupational diseases listed below

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 amino derivatives or its sequelae. 

7.     Occupational asthma.

8.     Pesticide poisoning

9.     Carbon monoxide poisoning. 

10.   Toxic jaundice. 

11.    Toxic anaemia. 

12.   Compressed air illness (Caissons disease). 

13.   Noise-induced hearing loss.

14.   Isocyanates poisoning.

15.   Toxic nephritis.

 

3.      Rule 231 ensures that an employer provides a sufficient number of first aid boxes distinctly marked “FIRST AID” and maintained with required articles in each first aid box.

4.      Rule 232 ensures that employer provides essential life-saving aids and appliances near the construction or building site that are provided so in an emergency the injured building work can be shifted from building site to the hospital using these life-saving aids. These essential aids should be able to handle emergencies like

1.      Head injuries and spinal injuries

2.     Bleeding

3.     Fractures and dislocations of bones and joints

4.     Crush injuries

5.     Electric shock

6.     Dehydration due to any cause

7.     Snakebite, insect bite, scorpion and bee stings.

8.     Burns, including chemical burn.

9.     Drowning, sunstroke or paralysis

10.   Other surgical and gynaecological, obstetric or pediatric emergencies.

HSE Notes by PJ Mohan

Sr.Faculty, NIFS