Speed limit / Construction Safety
Why There is Speed limit on
construction site?
Simple Answer:
è On construction site there are many activities
involving labour (people) and equipment machinery, electricals etc. before
starting site its must, to ensure traffic management and plan is in place to to ensure safe work.
è If vehicles travel at a faster speed, they might
scramble some pebbles/stones on walkers or labours, also someplace pipes will
be there, wires will be there at high speed and non-vigilant can lead to
accident.
è Also, most important is a construction site with
excavation can be a larger risk with rough path vehicle speed cannot be controlled
and can result in disbalance and accidents as well.
Supporting to this
Let us understand the standard, legal and other references related to construction
activities.
Book Definitions:
Speed limits should be imposed on
larger industrial sites to limit the possibility and severity of accidents.
Suitable site speed limits should be determined based upon consideration of
what is a safe speed on-site accounting for the type of vehicles using the
roadway and its layout, bends, visibility at junctions etc. Limits of 10, 15 or
20 Km/hr. maybe appropriate depending on the vehicles used, site layout and
hazards.
This should then be effectively
communicated to drivers of all vehicles who require access to the site,
sign-posted at appropriate intervals and locations to remind drivers of the
speed limit and enforced. To be effective the limits should be enforced by site
security and supervisors. Speed limits should be included in the Site Rules
with appropriate disciplinary action taken as necessary.
Legal:
As per the ILO Convention C 155,
Occupational Safety and Health Convention – 1981, and accompanying
Recommendation R 164 - 1996, and the National Law and Rules framed therein,
Factories Act 1948-Chapter IV A and rules framed there in, the Employers is
required to provide information regarding the hazards associated with the
process, plant and equipment etc. to the employees. By displaying the signages
and instructions in the workplace.
The roll of health and safety sign
is to provide warning of hazards in the workplace, instruction on health and
safety controls needed and information on safe conditions provided in the
workplace.
TRAFFIC CONTROL ZONE (as per clause
112.4)
ð
ADVANCE
WARNING ZONE.
o
a. The
“Advance Warning Zone”, is the area to warn the road user of the approaching
hazard and to prepare them for the change in driving conditions. It is
essential for traffic control in the construction zone. It will provide
information on:
§ i. The presence of the hazard through the "Road
Work Ahead" sign, accompanied by the distance to the hazard;
§ ii. Any change affecting traffic arrangements
(such as a reduction in the number of lanes and/or in the speed limit) within
the traffic control zones;
§ iii. Extent of the hazard (for example; the
length of restriction); and for general information;
§ iv. The type of hazard.
o
b. The
advance warning zone is also where the reduction in speed of vehicles will be
notified. The drivers will be advised to reduce their speed so as to achieve
the desired approach transition zone. The information in this zone is conveyed
through a series of traffic signs along the length of the zone. Actual signs to
be used are discussed in later paragraphs.
III. General operating instructions
that shall be maintained by the EPC at any construction site are:
A. Drivers entering
site shall be instructed to follow the safe system of work adopted on site.
These shall be verbal instructions or, preferably, written instructions showing
the relevant site rules, the site layout, delivery areas, speed limits, etc.
Referents & Categorization of
Safety Signs
International
Standard maintains a database that summaries each registered safety sign having
a unique reference number. [Ref: ISO 7010:2011(E)]
Terms & Definitions
For the purposes of
this document the terms & definitions given in ISO 17724 & the
following apply.
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Image Content
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Written description of the elements of a graphical
symbol or safety sign & their relative disposition.
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Referent
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Idea or object that a graphical symbol is intended to
represent.
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Safety Sign
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Sign giving a general safety message, obtained by a
combination of a color & geometric shape and which by the addition of a
graphical symbol, gives a particular safety message.
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Safety sign original
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Safety sign with which a referent, a graphical representation
and a description of the application are associated.
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Supplementary Sign
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Sign that is supportive of another sign and the main
purpose of which is to provide additional clarification.
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Sign Classifications
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Various categories of signs, each with a distinct single
word and colors, which represent different level of hazard seriousness.
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Signal Word
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The word that calls attention to the safety sign and
designates a degree or level of hazard seriousness. The signal words for
product safety signs are “DANGER”, “WARNING”, “CAUTION”, & “NOTICE”
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Danger
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Indicates a hazardous situation which, if not avoided,
will result in death or serious injury. This signal word is to be limited to
the most extreme situations.
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Warning
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Indicates a hazardous situation which, if not avoided
could result in death or serious injury.
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Caution
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Indicates a hazardous situation, which if not avoided,
could result in minor or moderate injury. It may also be used without the
safety alert symbol as an alternative to “NOTICE”.
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Notice
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“NOTICE” is the preferred signal word to address
practices not related to personal injury. The safety alert symbol shall not
be used with this signal word. As an alternative to “NOTICE” the word
“Caution” without the safety alert symbol may be used to indicate a message
not related to personal injury.
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Categorization of safety signs
Safety signs are categorized according to their function
as follows:
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E
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is the category for signs
indicating an evacuation route, the location of safety equipment or a safety
facility, or a safety action (safe condition signs);
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F
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Is the category of fire equipment
signs
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M
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Is the category for mandatory
action signs
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P
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Is the category for prohibition
signs
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W
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Is the category for warning signs
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The design of safety
signs for products has been influenced for many years by standards originally
developed for accident prevention signs to be used in the general environment.
As product safety signs evolved, some basic differences developed between their
characteristics and those of environmental safety signs. Environmental safety
signs are usually larger, observed at longer distances and frequently contain
lesser amounts of information for visual clarity at a distance. Product safety
signs are likely to contain more information within a smaller format are
usually observed at closer distances, and must physically and visually
integrate with a wide range of product size, shape and color characteristics.
This standard sets
forth a hazard communication system developed specifically for product safety
signs and labels. It consolidates a number of previous graphic approaches into
a common design direction carefully selected to present product hazard
information in an orderly and visually consistent manner for effective
communication. (Ref. ANSI Z 535.5)
Signages are key
elements of effective hazard communication, its important to ensure that
workers who may be exposed to hazard know about the hazard and understand how
to protect themselves from those hazards.
Common Hazards & Their Control Measures At
Construction Sites
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HAZARDS
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CONTROL MEASURES
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Trips/Slips
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Trips / slips
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Trip
Slip
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i.
Maintain good house keeping
ii.
Removal of unwanted material
form tie to time
iii.
No temporary electrical
connections above ground (2 mtr.) or underground
iv.
Floor non-slippery
v.
Avoid overloading of
machinery/circuit.
vi.
Have clear access
vii.
Follow instruction strictly
viii.
Use proper P.P.E.
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Fall from Height
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Fall from Height
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Use of
i.
Scaffold
ii.
Safety Belt/Safety Harness
iii.
Safety Net
iv.
Fall arrester
v.
Working Platform with
railing/fencing
vi.
Working place at height
(above 3 mtr.) with no open side
vii.
Roofing bracket for steep
roof avoid sliding.
viii.
Crawling board for working on
steep roof
ix.
Ladder and step ladder
x.
Catch platform not used for
storage of material or as working platform.
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Fall of Material from
Height
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Fall of Material from
Height
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·
Use
of Safety Net
·
Proper
Slinging
·
Proper
Manual Handling
·
Proper
Mechanical handling
·
Proper
stacking
·
Do
not overload the floor/platform.
·
Do
not stack in a manner or hight likely to cause a fall.
·
Stack
above 1.5 meter to be provided with accesss.
·
Stack
be barricaded
·
Suitable
PPE for Dust Laden material stacked.
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ELECTRICAL SHOCK
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ELECTRICAL SHOCK
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Electrical Shock
ð Current 1mA- Shock without muscular pain.
ð 8mA to 50 mA- Several muscular. Contra
& breathing problem
ð 50mA to 80mA or more – Ventricular
Fibrillation death due to Asphyxiation.
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1.
Use
of three pin plug with three wire core.
2.
Portable
electrical tools and inspection lamps:
ð Double insulation with voltage (24v)
isolation transformer.
ð Earthed with RCCB/ELCB of 30mA Sensitivit
current.
ð Use on conducting footwear.
ð No use of tool in wet or damped location
ð Use within design limit authorized
electrician/operator for repair/maintenance.
3.
No
exposed live wire at excavation, or tunnel work
4.
Permanent
electrical panel.
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HIT BY SPEEDING VEHICLE
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HIT BY SPEEDING VEHICLE
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A person died because of a
car hitting to road drivider.
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i.
Observe
speed limit
ii.
Authorized
entry of vehicle.
iii.
Observing
trafffic rules and signs and signals
iv.
Adequate
quality illumination for approaching vehicle
v.
Proper
signs and signal at required points
vi.
Follo
the statutory obligations as per Motor Vehicle Act 1988
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HIT BY EARTH MOVING
EQUIPMENT
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HIT BY EARTH MOVING
EQUIPMENT
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i.
Equipment
on vehicle with proper condition of parkingbrake, service brake, warning
light and horn while reversing.
ii.
Training
and licensed driver
iii.
Barricading/flagging
the area where such operation is going on.
iv.
Observing
speed limit 20 km/hr on road and 5km/hr near the oerational area.
v.
Vehicle
with adequate illumination during night.
vi.
Adequate
precaution as isolation of electric supplyor erecting overhead barrier of a
safe height is takn when earth moving equipment or vehicle is in dangerous
proximity to any live electric conductor.
vii.
Earth
moving equipment not to be left on a slope with the engine running.
viii.
Safe
gangways be provided for to and fro movement of construction workers engaged
on loading and unloading of vehicle.
ix.
No
unauthorized person rides the transport equipment.
x.
The
driver of such equipment should operate under the direction of a signaler
xi.
The driver
should be adequately trained and should posses required skill.
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FIRE
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FIRE
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i.
Activating
fixed fire extinguishers installed.
ii.
Activating
smoke and heat venting system
iii.
Activating
fire exit or excape routes
iv.
Activating
deices for restricting smoke and fire propagation.
v.
De-energizing
technical system.
vi.
Alarming
persons who are in danger.
vii.
Calling
fire fighting forces and rescue team
viii.
Use
flame proof tools/equipment.
ix.
Controlling
heat and ventilation system
x.
Activating
the evacuation system.
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Accidental Actuation of
Tools
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Accidental Actuation of
Tools
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Nail gun accidentally
actuated and nail went thru midle finger.
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i.
Tools
with proper workign switch.
ii.
Tools
in proper working condition
iii.
Training
operator
iv.
Prevent
accidental disconnnection of pneumatic tools.
v.
Proper
acessories for electrical power tools.
vi.
Electrical
tools with proper earthing and double insulation.
vii.
Proper
place/pocket for keeping and carrying of tool.
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DISCONNECTION OF
PHEUMATIC TOOLS
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DISCONNECTION OF
PHEUMATIC TOOLS
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Unacceptable
Accetable
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i.
Tools
with proper working switch.
ii.
Tools
in proper working condition
iii.
Trainign
operator
iv.
Prevent
accidental disconnection of pneumatic tools.
v.
Proper
accessories for electrical power tools
vi.
Electrical
tools with proper earthing and double insulation
vii.
Proper
place/pocket for keeping and carrying of tools
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DUST AND FUMES
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DUST AND FUMES
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Dust
Fumes
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i.
Ventilation
ii.
Use
of Dust Mask
iii.
Use
Proper measures for mitigating dust/fumes.
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HANDLING OF SOLVENTS,
PAINTS, THINNERS ETC.
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HANDLING OF SOLVENTS,
PAINTS, THINNERS ETC.
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i.
Proper
Storage
ii.
Use
of gloves/barrier crram/ mask
iii.
No
smoking
iv.
Maintaining
hygiene
v.
Using
special cart for transportation of above.
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EXPLOSIVES
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EXPLOSIVES
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i.
Authorized
and proper storage
ii.
Authorized
blaster
iii.
Display
Proper communication, danger Signals before blast
iv.
Follow
instructions strictly
v.
Apply
lock / key
vi.
Prohibit
smoking and naked light
vii.
Keep
a safe distance and non-sparking tool while using explosives
viii.
Stop
use of explosives if weather condition not suitable
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HEAT / RADIATION
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HEAT / RADIATION
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i.
Isolation,
face shield, welding goggles, gloves
ii.
Aprons,
apprel
iii.
Control
at source.
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WRONG POSTURE OF WORK
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WRONG POSTURE OF WORK
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i.
Right
method of material handling
ii.
Correct
position and posture of work
iii.
Film
floor/base of footing.
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EXCESSIVE NOISE
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EXCESSIVE NOISE
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i.
Ensuring
compliance with relevant statutory requirements.
ii.
Provide
acoustic barriers or enclosure around the source of noise
iii.
Provide
PPE i.e. ear plugs or ear muffs.
iv.
Control
the noise at source by changing design etc.
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UNGUARDED MACHINERY
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UNGUARDED MACHINERY
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Implementation of
·
The
Building & other construction Workers (R & E and C of S) Central
Rules, 1998, Rule-37 (Fencing of Motors, etc.)
·
Maintain
the machinery in safe condition with all the guards in their position.
·
Keep
record of all machinery with guards
·
Replace
the damaged or broken guards and keep a record.
·
Depute
a responsible person for upkeep of such records.
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UNSTABLE SCAFFOLD
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UNSTABLE SCAFFOLD
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Stabiility in scaffold
·
Scaffold
posts and frames to be erected and maintained vertically and plumbed
vertically. Plumbness to be checked using a spirit level.
·
Scaffold
to be supported at the base with ties, guys or outrigger frames in case the
height is four times the base.
·
Ties
be connected to buildings or sttructures by connectinga tie tube to at least
two post.
·
Scaffold
posts and frames to be locked together with pin bolted or pinned spigot to be
able to withstand tensile load. .
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MANUAL MATERIAL HANDLING
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MANUAL MATERIAL HANDLING
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Manual material handling
tobe done with six basic kinetics of manual lifting.
Keep feet parted, keep back
straight, knees bend, grasp the obect by the opposite ends, Truck your chin
in Lift the weight using feet.
Decide safe method of
handling for every object separately avoiding sharp edges, pinch points,
striking against the object handled etc.
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MECHANICAL MATERIAL
HANDLING
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MECHANICAL MATERIAL HANDLING
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i.
Ensuring
compliance with the provision of Chapter VII BOCW Central Rules 1998.
ii.
Testing
and Periodical examination of lifting appliances and lifting gear.
iii.
Training
of Operators, Signnaller.
iv.
Adopt
safe Slings Practices.
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THE BUILDING AND OTHER CONSTRUCTION WORKERS (REGULATIONS
OF EMPLOYMENT AND CONDITIONS OF SERVICE) ACT, 1996 AND THE CENTRAL RULES, 1998
– SALIENT FEATURES
1.
Introduction
While
the construction industry plays a key role in the economic development of the
country, the risk of accidents in this industry is high. A need was therefore
felt to bring a comprehensive central legislation for regulating safety,
health, welfare and other conditions of service of the building workers. The
Government of India enacted the Building and other construction workers
(Regulation of Employment and conditions of Service Act, 1996 and notified the
Central Rules, 1998. Salient features of the statute are briefly discussed in
this handout.
What
is the difference between Act and Rule?
Some
persons think that Act is made by Central Govt. and Rules are made by the State
Govt. its is not that way. Some acts are made by the Central Govt. some acts
are made by the State Govt.
The
difference between Act and Rule is act tells you what to do and rules tell you
how to do. To give you an example.
Act
tells you that if a person has an injury due to accident in the work field, the
report (in law language ‘Notice’) of the same accident is to be sent to the
appropriate authorities.
ð
Act doesn’t tell you how to
send the report?
ð
Whether it is to be sent by
post, fax, email etc.
ð
Act doesn’t tell you in what
format report is to be sent.
ð
Act doesn’t tell you to which
authorities report is to be sent.
All these answers are given in the rules.
What
is Sections, Sub-section, clause, rule, sub-rules?
If you
have read any book the book is divided in chapters. In the same way every act
is divided in Chapters.
Every
chapter is divided in paragraphs, sub-paragraphs. These paragraphs in any book
are never numbered or titled. In law chapters are divided in paragraphs,
sub-paragraphs. In law language paragraphs are called sections and
sub-paragraphs are called sub-section. In law each section (Paragraph) is
numbered and titled.
If
sub-section is divided it is known as clause.
In the
same way rules are divided in chapters, chapters are divided in paragraphs.
These Paragraphs are called rules. All the rules are numbered and titled.
All the
above is shown in the following diagram:-
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Law
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Rule
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ð
Law tells you What to do
ð
Law is divided in chapters
ð
Chapters are divided in
paragraphs
These paragraphs are called Sections.
ð
Sections are numbered and
titled.
ð
Sections are divided in
Sub-Sections
ð
If Sub-section is further
divided it is called Clause.
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ð
Rules tell you How to do
ð
Rules are divided in chapters.
ð
Chapters are divided in
paragraphs and these paragraphs are called Rules.
ð
Rules are numbered and
titled.
ð
Rules are divided in
Sub-rules.
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1.1. The Building and Other Construction Workers (Regulation of
Employment and conditions of Service) Act, 1996 (BOCW etc. Act)
Preamble:
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 matters connected therewith or incidental there to.
(Preamble
tells why the law is made. Preamble is not law.)
Chapter
1: Preliminary
(Sections
1 to 2)
Section
1 of any act tells you the name of the act, its extension, date of commencement
of the sct.
Section
2 of any act tells you the definitions of the words used in that act. These
definitions may not be the same as the meaning of words given in dictionary.
The
BOCW, etc. Act extends to the whole of India and has come into force on 1st
March 1996. It applies to every establishment, which employs or had employed on
any day of the preceding twelve months, 10 or more building work, building
worker, contractor, employer establishment, etc.
“Appropriate
Government” – the Central Government is the appropriate Government in relation
to an establishment employing building workers in respect of which the
appropriate Government under the Industrial Disputes Aact, 1947, is the Central
Government. It also enables the Central Government to specify, by notification
in the Official Gazette, any public sector undertaking which is owned,
controlled or managed by the Central Government in respect of which the
appropriate government will be the central Government din respect of the
remaining establishments, the State Government is the appropriate Government.
“Building or other Construction Work” –
ð
It means the construction,
alteration, repair or maintenance or demolition of or, in relation to:
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Building
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Street, Road
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Railways
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Tramways
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Airfield
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Irrigation
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Drainage
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Power Generation
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Transmission
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Distribution
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Water Canal
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Oil and Gas
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Bridge Construction
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Dam
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Cooling Tower
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Chimney
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ð
Building, Streets, roads,
railways, tramways, airfields, irrigation, drainage.
ð
Embankment and navigation
works, flood control works
ð
Water works (including channels
for distribution of water.
ð
Electric lines, wireless radio;
television, telephone, telegraph and overseas communication.
ð
Dams, Canals, reservoirs,
watercourses, tunnels, bridges,
ð
Viaducts aqua ducts pipelines,
towers, cooling towers,
ð
Transmission towers and such
other work as may be specified in this behalf by the appropriate Government by
notification but.
ð
Does not include any building
or other construction work to which the provisions of the Factories Act, 1948,
or the Mines Act 1952, apply.
‘Employer’ : In relation to an
establishment, means the owner and Included:
In relation to BOCW
i.
He is Govt. Authority or Head
of the Department if the Work is carried out without a contractor.
ii.
He is a local Authority, or CEO
of Authority or of an Establishment, if the work is carried without a
contractor.
iii.
He is contractor, if the work
is carried out by or through a contractor or by the workers supplied by a
contractor.
Contractor: Who undertakes to produce
the given results for any establishment by the employment of building workers?
Or
Who supplies building workers for any work of
the establishment (One who supplies only material is not included.)
Establishment: Any establishment belonging to or under the control of –
-
Government
-
Anybody corporate or firm
-
An individual or a body of
individuals who employ building workers in any BOCW.
-
An establishment belonging to a
contractor
(Any work relate to self residence or the work which does not exceed
Rs. 10 Lacks is not included in this definition)
“Building Worker” is defined in very board terms to include skilled,
semi-skilled or unskilled, manual, supervisory, technical or clerical workers
in connection with any building or other construction work but excluding
persons who are employeed mainly in managerial or administrative capacity, or
supervisory drawing wages exceeding Rs. 1,600 per month.
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Skilled
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Semi-Skilled
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Unskilled
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Chapter II: The advisory committees and Expert Committees (Sections
3 to 5)
The Central and State Governments are empowered to constitute a
tripartite Central Building and Other Construction Workers – Advisor Committee,
State Building and Other Construction Workers, advisory committee to advise the
Central and State Governments, respectively on such matters arising out of the
administration of the Act. The Central Advisory Committee may consist of a
Chairperson, and a maximum of 17 members comprising 3 members of Parliament, 1
Director General and other member from 9 to 13 representing the employers,
building workers, associations of architects/engineers, accident insurance
institutions, etc. similarly, the State Advisory Committee may consist of a
Chairperson and a maximum of 15 members comprising 2 member of the State
Legislature, one nominated by the Central Government, the Chief Inspector and
other members ranging form 7to 11 representing employers, building workers,
associations of architects/engineers, accident insurance institutions etc.
Also the appropriate Government may constitute one or more Expert
Committees consisting of such persons specially qualified in building or other
construction works for advising the concerned Government in making Rules under
the Act.
Chapter III: Registration of Establishment (Section 6 to 10)
Registering Officers were appointed and employers of every
establishment should apply for registration within a period of 60 days from the
commencement of the construction work for registration. Every employer shall
make an application to the registration officer for the regulation of the
establishment to which the Act is applicable along with he prescribed fee. This
Registration officer will issue a certificate of registration to the employer
to enable him to employ building workers.
Chapter IV: Registration of Building Workers as Beneficiaries
(Section 11 to 17)
The Building workers registered as beneficiaries under the Act are
entitled to the benefits provided by the Board from its Fund. Every building
worker who has completed 18 years of age but has not completed 60 years of age
and who has been engaged in any building or other construction work for not
less than 90 days during the preceding 12 months is eligible for registration
as a beneficiary. The board gives an identity card with his photograph to every
beneficiary. The employer should maintain a register giving the details of
employment of the beneficiaries. When a beneficiary has not paid his
contribution for a continuous period of not less than one year, he ceases as a
beneficiary.
Chapter V: Building and Other Construction Workers. Welfare Boards
(Sections 18 to 27)
·
Section 18: Constitution of
State Welfare Board
·
Section 19: Security and other
Officers on board
·
Section 20: Meeting of Board
·
Section 21: Vacancies etc. not
to invalidate proceeding of Board
·
Section 22: Functions of Board
·
Section 23: Grant and Loan by
Central Government
·
Section 24: Building and Other
Workers fund and its application
·
Section 25: Budget
·
Section 26: Annual Report
·
Section 27: Accounts and audits
Chapter VI: Hours of Work, Welfare Measures and other Conditions of
Service of Building Workers (Section 28 to 37)
·
Section 28: Fixing Hours of normal working days etc.
·
Section 29: Wages of overtime work
·
Section 30: Maintenance of Register and Record
·
Section 31: Prohibition of Employment of certain person in certain building
or other construction work. A Deaf person, a person who has defective vision,
or a person who has a tendency of giddiness is not allowed to do any
construction work which may have a risk of accident.
·
Section 32: Drinking water
·
Section 33: Latrines and Urinals
·
Section 34: Accommodation
·
Section 35: Creches
·
Section 36: First-Aid
·
Section 37: Canteen etc.
Chapter VII: Safety and Health Measures (Section 38 to 41)
This chapter deals with safety and health measures in the
construction establishments. The provisions include constitution of safety
committee and appointment of safety officers, notice of certain accidents,
empowering appropriate Government to make Rules for the safety and health of
building workers and framing of Model Rules for Safety Measures
·
Section 38: Safety Committee
and Safety Officer-
(1)
In Every establishment within
500 or more building workers are ordinarily employed, a safety committee has to
be constituted in the Safety committee representatives of workers shall in no
case be less than the employers.
(2)
In every establishment wherein
500 or more building workers are employed, Safety Officers should be appointed.
His duties, qualifications will be given in the rules (as prescribed)
·
Section 39: Notice of
Certain Accidents –
o
In case of certain accidents
which cause death or bodily injury by
reason of which the person injured is prevented from working for a period of 48
hours or more immediately following the accident, or which is of such a nature
as may be prescribed, the employer should give a notice to the prescribed
authority in a prescribed form within a presctibed time.
·
Section 40: Powers of
appropriate Government to make rules for the safety and Health of Building
Workers.
o
Empowers the appropriate
Government to make Rules concerning safety and health of building workers and
the equipment and appliances necessary to be provided to them.
o
Such Rules may provide for all
or any of the following mattes:
§ Safe means of access to workplace
§ Precautions in demolition of building and other structures to be
done under supervision of competent person.
§ Safe handling or use of explosives under the control of competent
person.
§ Erection, installation use and maintenance of transport
equipment and appointment of competent
persons to drive or operate such equipment.
§ Erection, installation, use and maintenance of hoists, lifting appliances
and lifting gears; including testing and examination and heat treatment and
appointment of competent persons on hoists or other lifting appliances.
§ Providing adequate and suitable lighting of every workplace and
approach thereto, of every place where raising or lowering operations with the
use of hoists, lifting appliance or lifting gears are in progress and of all
openings dangerous to building workers.
§ Precautions to prevent inhalation of dust fumes, gases or vapours
during grinding, cleaning spraying or manipulation of any materials and steps
to be take to, secure and maintain adequate ventilation of every working place
or confined space.
§ Measures to be taken during handling, stacking or unstocking stowing
or unstowing of materials or goods or handling in connection therewith.
§ Safeguarding of machinery including fencing of every flywheel and
every moving part of prime mover or every part of transmission or other machinery.
§ Safe handling and use of plant and tools and equipment operated by
compressed air.
§ Precautions to be taken in case of fire
§ Limits of weights to be lifted or moved by workers.
§ Safe transport of workers to or from any workplace by water and
provision of means for rescue from drawing.
§ Steps to be taken to prevent danger to workers form live electric
wires or apparatus.
§ Keeping of safety nets, safety sheets and safety belts where special
nature of the circumstances of work render necessary for the safety of workers.
§ Standards to be complied with regards to scaffolding, ladders and
stairs, lifting appliances, ropes, chains and accessories, earth moving
equipment, and floating operational equipment’s etc.
§ Precautions with respect to pile driving concrete work, hot asphalt,
tar or other sim and demolition operations, similar things, insulation work,
demolition operations, excavation, underground construction and handling
materials.
§ Preparation of a policy relating to steps to be taken to ensure the
safety and health of the building workers, the administrative arrangements
therefor and the matters connected therewith to be framed by employers and
contractors.
§ To furnish information to the Bureau Of Indian Standards regarding
the use of any article or process covered under BIS Act 1986 in a building or
other construction work.
§ Provision and maintenance of medical facilities for building
workers.
§ Any other matter concerning the safety and health of workers working
in any of the operations being carried on in a building or other construction
work.
·
Section 41: Framing of Model
rules for Safety Measures.
o
Empowers the Central Government
to make model rules after considering the recommendations of the expert
committee constituted under Sec. 5. It also prescribes that the rules made by
the State Government under Sec. 40 shall, so far as practicable, conform to
such model rules.
Chapter VIII: Inspecting Staff (Section 42 to 43)
This Chapter empowers the Central/State Government to appoint
Director General of Inspection, Chief Inspector of Inspection, respectively
through a notification, which shall be responsible for laying down the
standards and monitoring the activities of construction establishments.
Further, the appropriate government ma also appoint by notification such number
of its officers, as it thinks fit to be inspectors for the purpose of this Act
under Director General/ Chief Inspector. Inspectors have the powers enter any
premises/ place where building work is carried out for the purpose of examining
the register or record or notices, examine any person at the place where he
inspects, require any person to give any information with respect of the names
and address of the person to whom the building or other construction work is
given out or received and with respect to payment to be made for the building
and other construction work, seize considers relevant in respect of an offence
under this Act, and exercise such other powers as may be prescribed.
The Act specifies the appointment of Director General, Chief
Inspector and Inspector by Central Government and State Governments. Director
General of Inspection is responsible for laying down the standards of
Inspections for all established for which Central Government is the appropriate
Government and for states the Chief Inspector of Inspection of Building and
Construction is responsible for effectively carrying out the provisions of the
Act. Both the Governments appoint inspectors for the purpose within local
limits as they are subject to general control and supervision of the Director
General or the Chief Inspector, as the case may be. The Inspector have the
powers to enter as all reasonable hours any premises or place for the purpose
of examining any records required to be kept under the Act.
Chapter IX: Special Provisions (Sections 44 To 46)
·
Section 44: responsibility
of the employer –
o
The employer is responsible for
providing Constant and adequate supervision and taking all practical steps
necessary to prevent accidents.
·
Section 45: Responsibility for
Payment of wages and compensation.
·
Section 46: Notice of
commencement of building and other construction work.
Chapter X: Penalties and Procedure (Sections 47 to 55)
·
Section 47: Penalty for
Contravention for provisions regarding safety measure:
o
Under this chapter,
contravention of provisions of any Rules made under Section 40 of the Act with
regards to safety and health measures shall be punishable with imprisonment for
a term which may extend to three months or with the fine which may extend to Rs.
2,000/- or with both. In case of continuing of such contravention an additional
fine which may extend to Rs. 100/- for every day of contravention after
conviction for the first such contravention. For subsequent conviction of the
same offence within a period of two years the employer shall be punishable with
six months imprisonment or with a fine of not less than Rs. 500/- with may
extend to Rs. 2,000/- or with both. Similarly, panalties are prescribed for
other contravention of provisions under some other provisions. The Director
General / Chief Inspector may impose the penalty after following the procedure
laid down in the Act.
·
Section 48: Penalty for failure
to give notice of the commencement of the building and other construction work.
·
Section 49: Penalty for
obstruction
·
Section 50: Penalty for other
Offence
·
Section 51: Appeal
·
Section 52: Recovery of Penalty
·
Section 53: Offences by
companies
·
Section 54: Congnizance of
offence
·
Section 55: Limitation of
Prosecution
Chapter XI: Miscellaneous (Section 56-64)
·
Section 56: Delegation of
Powers
·
Section 57: Returns
·
Section 58: Application of Act
8 of 1923 to building workers
·
Section59: Protection of action
taken in good faith
·
Section 60: Power of Central
Government to give direction
·
Section 61: Power to remove
difficulties
·
Section 62: Power to make rules
·
Section 63: Saving of certain
laws
·
Section 64: Repeal and saving
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