INTRODUCTION
The health and safety of construction workers is critical to the long-term viability and development of construction workers. The construction industry of India is a key measure of progress it generates investment possibilities in a variety of linked areas. The sector is work-intensive and employs more than 35 million individuals,[1] in addition to indirect jobs. At several stages, health and safety management methods in this industry can be significantly improved. Architects, clients, contractors, project developers, producers and distributors each play an important role at all levels of the construction process. Efforts to remedy this issue have been undertaken, but the results have been far from adequate, since construction catastrophes heavily influence this industry. Despite Government implemented initiatives and safety precautions instituted by companies, the frequency of accidents in the construction department remains frighteningly high.[2] It is quite disappointing that the inception of safe working practices in this sector has not resulted in any corresponding improvement in the business. To address such industrial difficulties, the construction industry needs more effective ways that include improved procedures.
In this article, Team YLCC brings you an overview on regulatory measures for the protection of construction workers. Read on!
DIFFERENT LEGISLATIONS PERTAINING TO THE HEALTH AND SAFETY OF CONSTRUCTION WORKERS
Given below are the legislations concerned with safeguarding of construction workers in India:
- OSHA Regulations,1926- OSHA has devised an expanding collection of regulations to address construction workplace safety concerns in order to assist employers in keeping their workers safe. These laws cover all aspects ranging from the use of specialized equipment, to the highest permitted noise as well as chemical exposure levels.
- Guidelines regarding fall protection[3]– Falls are regarded as one of the leading causes of workplace injuries and fatalities in the industry of construction. They are frequently brought about by unstable worktops and the failure to employ proper safety equipment. OSHA has formulated and implemented a variety of fall prevention requirements in place to assist keep people from falling from overhanging structures, raised workplaces, or even into gaps in the ground or side walk. All the fall protection standards have been displayed on OSHA’s official website; however, few mandatory ones have been mentioned herein:
- Fall protection is mandatory for personnel working above risky machinery, plant or tools, irrespective of the fall range;
- In the construction industry, fall security is necessary at altitudes of six feet or more;
- Every towering, expansive station, deck or running course should be surrounded by toe boards and safety barriers;
- Some tasks may necessitate the use of a bungee cord/safety line in addition to hand rails and security meshes;
- Every ground opening should be protected by fences, floor-hole slab coverings and toe boards;[4]
- Instructions pertaining to the use of scaffolds- Scaffolds are intended to be a safety device for fall prevention, yet they are frequently noted as a threat when not utilized accurately. Studies have shown that a large number of labourers injured in scaffold fatalities related the accident to the breaking of wooden planks, workers falling due to lack of firm support or even the worker falling down as a result of being affected by a falling item which can be prevented owing to the OSHA guidelines.[5] OSHA lays down the following safety instructions:
- Scaffolds should be able to support their own weights in addition to four times the weight of the anticipated load;
- Scaffolds should be supplemented with safety barriers, toe rails as well as semi rails across the same;
- Labourers should be informed about the dangers of making use of diagonal braces as a fall prevention technique;
- Scaffolds should always be built on hard grounds. Crumbling surfaces such as containers, brickwork, drums, cement walls etc. should not be used a base for scaffolding;
- Examine the operational scaffolds for any loose or broken hooks, bolt legs, joists or platforms.[6]
- Implementation of PPEs- OSHA requires labourers to use PPE at all times during their tenure of work at the construction site. OSHA guidelines specifically lays down what kind of equipment is required for certain occupational activities, the procedure of employing the equipment and the condition of equipment expected.
Labourers should be updated regarding the following during PPE mentoring programs:
PPEs should be properly designed and built keeping in mind the safety of the worker, should be appropriately and securely fitted to the worker and should be of durable quality and well maintained.[7]
Labourers should be taught the following during the PPE mentorship program: How to put on the safety gear, readjust it, removal and disposal method along with the restrictions of the equipment.[8]
- Rules regarding Crystalline Silica- An approximate of two million labourers are subjected to crystalline silica in an unmasked condition every year. Excessive levels of contact with the same can cause grave medical issues. In the year 2016, OSHA announced a policy limiting the amount of silica labourers can come in contact with being not more than 50 cubic meters. Employers and companies are also required to provide ventilation technical controls or water, provide breathing apparatus and restrict access to alarmingly high contact locations. Medical instructions and evaluations on curbing silica contact must be provided to the vulnerable section of workers.[9]
- BOCW ACT,1996- The BOCW Act, 1996 construction and building workers in India with the purpose of protecting them from significant risks to one’s life that is consistent owing to the occupation of construction, remediation, restoration, upkeep, and decimation work. It applies to any organization that has employed or employs ten or above ten people for the purpose of any type of construction project. The goal of this act is to regulate the operating conditions of BOCW workers and to be accountable for their safety, welfare measures, working conditions and medical conditions.[10] Some important provisions of the BOCW Act are the following:
Rule 34: To protect against the negative effects of excessive noise, the acceptable noise level should not exceed 90dBA during the duration of 8 working hours.[11]
Rule 35: This rule explains that the fire suppression regulations shall be discussed or laid down at every construction building. These regulations elaborate that at any building site, there should be enough equipment to quench any potential fire. Sufficient water should be available which can be used for the purpose of fire suppression at high pressure in compliance with the “National Building Code” or equivalent fire regulatory standards. A sufficient number of skilled personnel should be present at the fire site to manage fire crises situations with the help of appropriate equipment. There also must be suitable measures for routine condition monitoring of fire emergency apparatus by an expert every year.[12]
Rule 36: Rule 36 provides for a consolidation action plan for those construction businesses which employ higher than 500 construction labourers. The company/employer in charge of the same must develop an emergency action plan to address the following emergencies immediately:
- Failure in hoisting/transporting equipment and crash of any building/warehouse/or any other form of structure;
- Fire or explosion of any nature;
- Drowning hazard in any watercraft;
- Gaseous leaks, spill of hazardous chemicals/items;
- Landslide hazard that trap construction workers or environmental catastrophes such as flood, thunderstorms, earthquakes etc.[13]
Rule 37: Engines and rotating apparatus used must be well fenced.[14]
Rule 38: This rule bans construction workers from lifting massive amounts of weight on their back, head or shoulders. It lays down the maximum weight restriction for male being 55kg and female being 30 kg.[15]
Rule 39, 45, 47, 54- These rules talk about directives on health and welfare, rules on safeguarding eyes by employing safety glasses, employment of safety armor and headgear, dangers to electricity and prevention and lastly use of headgear and appropriate footwear respectively.[16]
Rule 56(1), 56(2), 61, 64- These rules highlight certification and testing of lifting devices, inspection of lifting equipment on routine intervals, recognizing and labelling safe working weights, installation and usage of lifting appliances respectively.[17]
Rule 108-118: Safety measures to be implemented during dismantling/division of walls, barriers and other structures.[18]
Rule 208- Provision regarding formulation of a safety committee.[19]
Rule 209- Employment of one safety officer per group of five hundred employees.[20]
Rule 213: Precautions pertaining to the management of explosive materials.[21]
Rule 223: Medical Assessment of Construction Personnel.[22]
Rule 225: Precautionary measures for inculcating safety in dangerous processes.[23]
Rule 230: Any communicable disease to construction workers must be reported immediately.[24]
In addition to this, the said also provides certain welfare provisions pertaining to the arrangement of clean water facilities for drinking purposes, lodging, distinct kitchen area, rinsing/showering area/ , canteen, creche for children of the construction employees along with separate restrooms for women labourers.[25]
CONCLUSION
Every worker will have the right to remain in a safe environment, which includes the freedom to remove harmful acts. Part III of the Indian Constitution forms the base line for labour laws in India, taking into account the Fundamental Rights of all its people. The law provisions are well drafted and call for accumulation of accident-related data in order to assign blame and execute corrective actions. The majority of states have taken the much-needed inspiration from the BOCW Act and started formulating state regulations to implement the same in their respective states a few of them being Andhra Pradesh, Rajasthan and West Bengal.[26] Construction employees will be better protected from such occupational dangers if safety regulations rigorously implemented in construction sites. It is essential for all law formulators, authorities as well as executors to contribute to the safety of construction workers through the appropriate application of relevant regulations.
[1] India adds 16 mn jobs in July mostly in agri, construction sectors: CMIE Business-standard.com, https://www.business-standard.com/article/economy-policy/india-adds-16-mn-jobs-in-july-mostly-in-agri-construction-sectors-cmie-121080901831_1.html (last visited Mar 5, 2022)
[2] India’s 80% construction sites “unsafe”, deaths 20 times higher than those in Britain Counterview.net, https://www.counterview.net/2019/05/indias-80-construction-sites-unsafe.html (last visited Mar 5, 2022)
[3] (Standards- 29 CFR) 1926.760 Occupational Safety and Health Administration Act (1926)
[4] ( Standards- 29 CFR) 1926.502 Occupational Safety and Health Administration Act (1926)
[5] (Standards- 29 CFR) 1926 Subpart L Occupational Safety and Health Administration Act (1926)
[6] (Standards -29 CFR) 1926 Subpart L App A Occupational Safety and Health Administration Act (1926)
[7] (Standards- 29 CFR) 1926.954 Occupational Safety and Health Administration Act (1926)
[8] (Standards- 29 CFR) 1926.65 App A Occupational Safety and Health Administration Act (1926)
[9] (Standards- 29 CFR) 1926.1153 Occupational Safety and Health Administration Act (1926)
[10] The Building and Other Construction Workers Upbocw.in, https://www.upbocw.in/english/staticpages/objective.aspx (last visited Mar 5, 2022)
[11] Rule 34 Building and Other Construction Workers Act,1996 (1996)
[12] Rule 35 Building and Other Construction Workers Act,1996 (1996)
[13] Rule 36 Building and Other Construction Workers Act,1996 (1996)
[14] Rule 37 Building and Other Construction Workers Act,1996 (1996)
[15] Rule 38 Building and Other Construction Workers Act,1996 (1996)
[16]Rule 39,45,47,54 Building and Other Construction Workers Act,1996 (1996)
[17] Rule 56(1),56(2),61,64 Building and Other Construction Workers Act,1996 (1996)
[18] Rule 108-118 Building and Other Construction Workers Act,1996 (1996)
[19] Rule 208 Building and Other Construction Workers Act,1996 (1996)
[20] Rule 209 Building and Other Construction Workers Act,1996 (1996)
[21] Rule 213 Building and Other Construction Workers Act,1996 (1996)
[22] Rule 223 Building and Other Construction Workers Act,1996 (1996)
[23] Rule 225 Building and Other Construction Workers Act,1996 (1996)
[24] Rule 230 Building and Other Construction Workers Act,1996 (1996)
[25] Rule 32-37 Building and Other Construction Workers Act,1996 (1996)
[26] Health and Safety WageIndicator subsite collection, https://paycheck.in/labour-law-india/health-and-safety (last visited Mar 5, 2022)
YLCC would like to thank Aparna Mukherjee for her valuable contribution in this article.
