The Gujarat Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2003
The Gujarat Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2003
The Gujarat Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2003
No: GHR-2003- .111. - CWA-2000-1869 – M (3) In exercise of the powers conferred under
sections 62 and 40 of the Building and Other Construction Workers (Regulation of
Employment and Conditions of Service) Act, 1996 (27 of 1996), the Government of Gujarat
hereby makes the following rules, namely:
CHAPTER I
PRELIMINARY
1. Short title application and commencement
(1) These rules may be called The Gujarat Building and Other Construction Workers
(Regulation of Employment and Conditions of Service) Rules, 2003.
(2) They shall apply to the building or other construction work relating to any
establishments in relation to which appropriate Government is the Government
of Gujarat under the Act.
(3) They shall come into force on the date of their publication in the Official Gazette.
2. Definitions
In these rules, unless the context otherwise requires,
(a) "Act" means the Building and Other Construction Workers (Regulation of
Employment and Conditions of Service) Act, 1996 (27 of 1996);
(b) "access" or "egress" means passageways, corridors, stairs, platforms, ladders and
any other means to be used by a building worker for normally entering or leaving
the workplace or for escaping in case of danger;
(c) "adult" means a person who has completed eighteen years of age;
(d) "adolescent" means a person who has completed fourteen years of age but has
not completed eighteen years;
(e) "approved" means approved in writing by the Chief Inspector of the State
Government.
(f) "base plate" means a plate for distributing the load from a standard in the case of
metal scaffolds;
(g) "bay" in relation to scaffolds, means that portion of the scaffold between
horizontal or vertical supports whether standards or supports from which the
portion is suspended, which are adjacent longitudinally;
(h) "brace" means a member incorporated diagonally in a scaffold for stability;
(i) "bulkhead" means an airtight structure separating the working chamber from free
air or from another chamber under a lower pressure than the working pressure;
(j) "caisson" means an air and watertight chamber in which it is possible for men to
work under air pressure greater than atmospheric pressure at sea level to
excavate material below water level;
(k) "Child" means a person who has not completed fourteen years of age;
(l) "cofferdam" means a structure constructed entirely or in part below water level
or below the level of the water table in the ground and intended to provide a place
for work that is free of water;
(m) "competent person" means a person so approved by the State Government, who
belongs to testing establishment in the State, possessing adequate qualification,
experience and skill for the purposes of testing, examination or annealing and
certification of lifting appliances, lifting gears, wire ropes or pressure plant or
equipment:
(n) "compressed air" means air mechanically raised to a pressure higher than
atmospheric pressure at sea level;
(o) "construction site" means any site at which any of the processes or operations,
related to building or other construction work, are carried on;
(p) "conveyor" means a mechanical device used in building or other construction work
for transport of building material, articles, or packages or solid bulk from one point
to another point;
(q) "danger" means danger of accident or of injury or to health;
(r) "decanting" means the rapid decompression of persons in a man-lock to
atmospheric pressure at sea level followed promptly by their recompression in a
decant lock, where they are then decompressed according to the appropriate
decompression table in accordance with approved decompression procedures;
(s) "demolition work" means the work incidental to or connected with the total or
partial dismantling or razing of a building or a structure other than a building and
includes the removing or dismantling of machines or other equipment;
(t) "excavation" means the removal of earth, rock or other material in connection
with construction or demolition work;
(u) "falseworks" means the structural supports and bracing for formworks or forms;
(v) "flashpoint" means the minimum liquid temperature at which a spark or flame
causes an instantaneous flash in the vapour space above the liquid;
(w) "frame or modular scaffold" means a scaffold manufactured in such a way that the
geometry of the scaffold is pre-determined and the relative spacing of the
principal members are fixed;
(x) "guardrail" means a horizontal rail secured to uprights and erected along the
exposed sides of scaffolds, floor openings, runways and gangways to prevent
persons from falling;
(y) "hazard" means danger or potential danger;
(z) "hazardous substance" means any substance which due to its explosiveness,
inflammability, radioactivity, toxic or corrosive properties, or other similar
characteristics, may:
(i) cause injury; or
(ii) affect adversely the human system; or
(iii) cause loss of life or damage to property on work environment, while
handling, transporting or storing and classified as such under the national
standards or in case such national standards do not exist to the generally
accepted international standards;
(za) "high pressure air" means air used to supply power to pneumatic tools and
devices;
(zb) "independent tied scaffold" means a scaffold, the working platform of which is
supported from the base by two or more rows of standards and which apart from
the necessary ties stands completely free of the building;
(zc) "ledger" means a member spanning horizontally and tying scaffolding
longitudinally and which acts as a support for putlogs or transoms;
(zd) "lifting appliance" means a crane, hoist, derrick, winch, gin pole, sheer legs, jack
pulley block or other equipment used for lifting materials, objects or, building
worker;
(zdd) “lifting gear” means ropes, chains, hooks, slings and other accessories of a “lifting
appliances”;
(ze) "lock attendant" means the person in charge of a man-lock or medical lock and
who is immediately responsible for controlling the compression, recompression or
decompression of persons in such locks;
(zf) "low pressure air" means air supplied to pressurise working chambers and man-
locks and medical locks;
(zg) "magazine" means a place in which explosives are stored or kept, whether above
or below ground;
(zh) "man-lock" means any lock, other than a medical lock, used for the compression
or decompression of persons entering or leaving a working chamber;
(zi) "material hoist" means a power or manually operated and suspended platform or
bucket operating in guide rails and used for raising or lowering material exclusively
and operated and controlled from a point outside the conveyance;
(zj) "materials lock" means a chamber through which materials and equipments pass
from one air pressure environment into another;
(zk) "medical lock" means a double compartment lock used for the therapeutic
recompression and decompression of persons suffering from the ill-effects of
decompression;
(zl) "national standards" means standards as approved by Bureau of Indian Standards
and in the absence of such standards of Bureau of Indian Standards, the standards
approved by the State Government for a specific purpose;
(zm) "outrigger" means a structure projecting beyond the facade of a building with the
inner end being anchored and includes a cantilever or other support;
(zn) "plant or equipment" includes any plant, equipment, gear, machinery, apparatus
or appliance, or any part thereof;
(zo) "pressure" means air pressure in bars above atmospheric pressure;
(zp) "pressure plant" means the pressure vessel along with its piping and other fittings
operated at a pressure greater than the atmospheric pressure;
(zq) "putlog" means a horizontal member on which the Board, plank or decking of a
working platform are laid;
(zr) "responsible person" means a person appointed by the employer to be
responsible for the performance of specific duty or duties and who has sufficient
knowledge and experience and the requisite authority for the proper performance
of such duty or duties
(zs) "reveal tie" means the assembly of a tie tube and a fitting used for tightening a
tube between two opposite surfaces;
(zt) "right angle coupler" means a coupler, other than a swivel or putlog coupler, used
for connecting tubes at right angles;
(zu) "rock bolt" means a mechanical expansion bolt or a bolt used with cementitious
or resin anchoring system which a set in drilled hole in the arch or wall of a tunnel
to improve rock competency;
(zv) "roofing bracket" means a bracket used in sloped roof construction and having
sharp points or other means for fastening to prevent slipping;
(zw) "safety screen" means an air and water tight diaphragm placed across the upper
part of a compressed air tunnel between the face and bulkhead, in order to
prevent flooding the crown of the tunnel between the safety screen and the
bulkhead to provide a safe means of refuge and exit from a flooding or flooded
tunnel;
(zx) "safe working load" in relation to an article of lifting gear or lifting appliance,
means the load which is the maximum load that may be imposed on such article
or appliance with safety in the normal working conditions as assessed and certified
by a competent person;
(zy) "scaffold" means any temporarily provided structure on or from which building
workers perform work in connection with building or other construction work to
which these rules apply, and any temporarily provided structure which enables
building workers to obtain access to or which enables materials to be taken to any
place at which such work is performed and includes any working platform,
gangway, run, ladder or step-ladder (other than a ladder or step-ladder which does
not form part of such structure) together with any guardrail, toe board or other
safeguards and all fixings, but does not include lifting appliance or a lifting machine
or a structure used merely to support such an appliance or such a machine or to
support other plant or equipment;
(zz) "Schedule" means a schedule appended to these rules;
(zza) "segment" includes a cast iron or precast concrete segmented structure formed
to the curvature of the tunnel cross-section and used to support the ground
surrounding the tunnel;
(zzb) "service shaft" means a shaft for the passage of building workers or materials or
from a tunnel under construction;
(zzc) "shaft" means an excavation having a longitudinal axis at an angle greater than
forty -five degrees from the horizontal;
(i) for the passage of building workers or materials to or from a tunnel; or
(ii) leading to an existing tunnel;
(zzd) "shield" means a movable frame which supports the working face of a tunnel and
the ground immediately behind it and includes equipment designed to excavate
and support the excavated areas in a tunnel;
(zze) "sole plate" means a member used to distribute the load from the base plate or
the standard of wooden scaffolds to the supporting surface;
(zzf) "sound or good construction" means construction conforming to the relevant
national standards or in case such national standards do not exist, to other
generally accepted international engineering standards or code of practices;
(zzg) "sound or good material" means material of a quality conforming to the relevant
national standards or in case such national standards do not exist, to other
generally accepted international engineering standards or code of practices;
(zzh) "standard" means a member used as a vertical support or column in the
construction of scaffolds which transmits a load to the ground or to the solid
construction;
(zzi) "standard safe operating practices" means the practice followed in building and
other construction activities for the safety and health of workers and safe
operation of machineries and equipment used in such activities and such practices
conforms to all or any of the following, namely:
(i) relevant standards approved by Bureau of Indian Standards;
(ii) national building code;
(iii) manufacturer's instructions of safe use of equipment and machinery;
(iv) code of practice on safety and health in construction industry published by
International Labour Organisation and amended from time to time;
(zzj) "steel rib" includes all steel beams and other structural member shaped to
conform to the requirements of a particular tunnel cross section, used for the
purpose of supporting and stabilising the excavated areas;
(zzk) "suspended scaffold" means a scaffold suspended by means of ropes or chains and
capable of being raised or lowered but does not include a boatswain's chair or
similar appliance;
(zzl) 'testing establishment" means an establishment with testing and examination
facilities, as approved by the State Government for carrying out testing,
examination, annealing or similar other test or certification of lining appliances or
lining gear or wire rope as required under these rules;
(zzm) "tie" means an assembly used to connect a scaffold to a rigid anchorage;
(zzn) "toe board" means a member fastened above a working platform, access landing,
access way, wheel barrow run, ramp or other platform to prevent building workers
and materials tailing therefrom;
(zzo) "transom" means a member placed horizontally and used to tie transversely one
ledger to another, or one standard to another in an independent tie scaffold;
(zzp) "trestle scaffold" includes a scaffold in which the supports for the platform are any
of the following which are self-supporting, namely:
(i) split heads;
(ii) folding;
(iii) step-ladder;
(iv) tripods; or
(v) movable contrivances similar to any of the foregoing;
(zzq) "tubular scaffold" means a scaffold constructed from tubes and couplers;
(zzr) "tunnel" means a subterranean passage made by excavating beneath the over
burden into which a building worker enters or is required to enter to work;
(zzs) "underground" means any space within the confines of a shaft, tunnel, caisson or
cofferdam;
(zzt) "vehicle" means a vehicle propelled or driven by mechanical or electrical power
and includes a trailer, traction engine, tractor, road-building machine and
transport equipment;
(zzu) "working chamber" means the pan of the construction site where work in
compressed air environment is carried out, but does not include a man-lock or
medical lock;
(zzv) "working platform" means a platform which is used to support building workers
or materials and includes a working stage;
(zzw) "working pressure" means pressure, in a working chamber, to which building
worker is exposed;
(zzx) "workplace" means all places where building workers are required to be present
or to go for work and which are under the control of an employer.
3. Interpretation of words not defined
Words and expressions not defined in these rules but defined or used in the Act shall
have the same meaning as assigned to them in the Act.
4. Savings
The provisions of these rules shall be in addition to and not in substitution for or in
diminution of the requirements imposed by the Act.
CHAPTER II
RESPONSIBILITIES AND DUTIES OF EMPLOYERS ARCHITECTS PROJECT ENGINEERS AND
DESIGNERS BUILDING WORKERS ETC.
5. Duties and responsibilities of employers, employees and others
(1) It shall be the duty of every employer who is undertaking any of the operations or
works related to or incidental to building or other construction work to which
these rules apply;
(a) to comply with such of the requirements of these rules as are related to him:
Provided that the requirements of this clause shall not affect any building
worker and so long as his presence in any place of work is not in the course
of performing any work on behalf of his employer and he is not expressly or
impliedly authorised or permitted by his employer to do the work; and
(b) to comply with such of the requirements of these rules as are related to him
in relation to any work, act or operation performed or about to be
performed by him.
(2) It shall be the duty of every employer who erects or alters any scaffold to comply
with such of the requirements of the provisions of these rules as relate to the
erection or alteration of scaffolds having regard to the purpose or purposes for
which the scaffold is designed at the time of erection or alteration and such
employer, who erects, installs, works or uses any plant or equipment to which any
of the provisions of these rules apply, shall erect, install, work or use such plant or
equipment in a manner which complies with those provisions.
(3) Where a contractor, who is undertaking any of the operations or works to which
these rules apply, appoints any artisan, tradesman or other person to perform any
work or services under a contract for services, it shall be the duty of the contractor
to comply with such of the requirements of these rules as affect that artisan,
tradesman or other person and for this purpose any reference in these rules to an
employee shall include a reference to such artisan, tradesman or other person and
the contractor shall be deemed to be his employer.
(4) It shall be the duty of every employee to comply with the requirements of such of
these rules as are related to the performance of or the refraining from an act by
him and to co-operate in carrying out these rules.
(5) It shall be the duty of every employer not to permit an employee to do anything
not in accordance with the generally accepted principles of standard safe
operating practices connected with building and other construction work as
specified by the State Government.
(6) No employee shall do anything which is not in accordance with the generally
accepted principles of standard safe operating practices connected with building
and other construction work as specified by the State Government.
(7) No person related with any building and other construction work shall wilfully do
any act which may cause injury to himself or to others.
(8) It shall be the duty of every employer not to allow lifting appliance, lifting gear,
lifting device, transport equipment, vehicles or any other device or equipment to
be used by the building workers which does not comply with the provisions given
in these rules.
(9) It shall be duty of the employer to maintain the latrines, urinals, washing facilities
and canteen in a clean and hygienic condition. The canteen shall be located in a
place away from the latrines and urinals and polluted atmosphere and at the same
time be easily accessible to the building workers.
(10) It shall be the duty of the employer to abide by the dates fixed and notified by him
for payment of wages for a period in accordance with these rules and no change
in such dates and such period shall be effected without notice to the building
workers and the Inspector. The employer shall ensure timely payment of wages as
specified under these rules and at the place and time notified by him. Where the
employer is a contractor, he shall ensure that the wages of building workers are
paid in the presence of a representative of the employer of establishment or
owner of premises from whom he has taken the work on contract and obtain
signatures of such representative in token of having witnessed the payment of
wages.
(11) It shall be the duty of the employer to ensure that the lifting appliance, lifting gear,
earth moving equipment, transport equipment or vehicles used in the building or
other construction work undertaken by him conforms to the requirements relating
to testing, examination and inspection of such equipment as provided under these
rules. It shall be the duty of every person in the service of the Government or any
local or other public authority to comply with the requirements relating to him as
given in these rules.
6. Responsibilities of architects project engineers and designers
(1) It shall be the duty of the architect, project engineer or designer responsible for
the design of any project or part thereof or any building or other construction work
to ensure that, at the planning stage, due consideration is given to the safety and
health aspects of the building workers who are employed in the erection,
operation and execution of such projects and structures, as the case may be.
(2) Adequate care shall be taken by the architect, project engineer and other
professionals involved in the project, not to include anything in the design which
would involve the use of dangerous structures or other processes or materials,
hazardous to health or safety of building workers who are employed in the
erection, operation and execution of such projects and structures as the case may
be.
(3) It shall also be the duty of the professionals, involved in designing, the buildings,
structures or other construction projects, to take into account the safety aspects
associated with the maintenance and upkeep of the structures and buildings
where maintenance and upkeep may involve special hazards.
7. Responsibilities of the person in the service of the State Government and the Board
It shall be the duty of every person in the service of the State Government or a Board to
comply with the directions given by the State Government from time to time to carry
out to execution in the State of the provisions of the Act and these rules.
8. Duties and responsibilities of workers
(1) It shall be the duty of every building worker to comply with the requirements of
such of these rules as relate to him, and act and co-operate in carrying out the
requirements of these rules and if he discovers any defects in the lifting appliance,
lifting gear, lifting device, concerning any transport equipment or other
equipment, to report such defects without unreasonable delay to his employer or
foreman or other person in authority.
(2) No building worker, of all unless duly authorised or except in case of necessity,
remove or interfere with any fencing, gangway, gear, ladder, hatch covering,
lifesaving appliances, lighting or other things whatsoever required by the Act and
these rules to be provided. If any of aforesaid things is removed, such thing shall
be restored at the end of the period during which its removal was necessary, by
the persons engaged in that work.
(3) Every building worker, shall use only means of access provided in accordance with
these rules and no person shall authorise or order another to use means of access
other than such means of access.
(4) It shall be the duty of a building worker to keep the latrines, urinals, washing
points, canteen and other facilities provided by the employer for securing his
welfare in a clean and hygienic condition.
9. Exemption
The state government may, by order in writing and subject to such conditions and for
such period, as may be specified therein, exempts from all or any of the requirements
of these rules to:
(a) any building or other construction work, if the state government is satisfied that
such building work is confirmed to such workers, where it is not convenient to take
measures as provided in these rules; or
(b) any appliance, gear government is satisfied that the requirement of such
appliance, gear, equipment, vehicle or other device is not necessary for use or
equally effective measures are taken in lieu thereof;
Provided that such government shall not grant exemption the under this unless it
is satisfied that such exemption would not adversely affect safety, heal and
welfare, of building workers.
CHAPTER III
STATE ADVISORY COMMITTEE
10. Constitution of State Advisory Committee
The State Building and Other Construction Workers' Advisory Committee (hereinafter
referred to as "the State Advisory Committee") shall consist of,
(1) Hon. Minister of State Legislature to be elected from the State Legislature as
members;
(2) two members of the State Legislature to be elected from the State Legislature as
Members;
(3) Secretary (Labour and Employment) as member;
(4) One member to be nominated by the Central Government;
(5) Chief Inspectorate of Factories as member;
(6) Chief Inspector for inspections, Labour Commissioner;
(7) Three representatives of employer’s associations to be nominated by the state
government representing employers connected with building and other
construction work as member;
(8) Three representatives of building workers association to be nominated member
by state government, representating the building which a shall be female worker
association;
(9) One representative of architect association to be nominated by the State
Government as member;
(10) One representative of civil engineers to be nominated by state government
representing civil engineer’s association;
(11) One representative of nationalised insurance company to be nominated by the
State Government.
11. Terms of Office
(1) Each non-official member shall hold office for three years or till he remains a
member of the Legislative Assembly, whichever is earlier.
(2) All official members shall be ex-officio and other tenures would be co-terminus
with their respective official positions.
(3) Each of the members referred to in clause (7), (8), (9) and (10) of rule 10 shall hold
office as such for a period of three years commencing from the date on which his
appointment is notified in the Official Gazette:
Provided that, where the appointment of the successor of any such member has
not been notified in the Official Gazette on or before the expiry of the said period
of three years, such member shall, notwithstanding the expiry of the period of his
office, continue to hold such office until the appointment of his successor is
notified in the Official Gazette.
(4) If a member is unable to attend a meeting of the Committee, the State
Government may, after notice in writing to such member and the Chairperson of
the State Advisory Committee, nominate a substitute of such member to attend
the meeting and such a substitute member shall have all the rights and privileges
of such member in respect of that meeting.
(5) The State Advisory Committee shall be reconstituted after every three years.
12. Resignations
(1) A member of the State Advisory Committee, not being an ex-officio member, may
resign his office by a letter in writing addressed to the State Government through
its Secretary, (Labour), Industries, Energy and Labour Department with prior
information to the Chairperson of such Committee.
(2) The seat of such a member shall fall vacant from the date on which his resignation
is accepted by the State Government, or on the expiry of thirty days from the date
of receipt of the letter of resignation by that Government whichever is earlier.
13. Cessation of membership
If any member of the State Advisory Committee, not being an ex-officio member, fails
to attend three consecutive meetings of such Committee, without obtaining the leave
of I Chairperson of such Committee for such absence, he shall cease to be a member of
suet Committee
Provided that, the State Government may, if it is satisfied that such member was prevent
by sufficient cause from attending three consecutive meetings, direct that such
cessation shall not take place and on such direction, being made, such member shall
continue to be member of such Committee.
14. Disqualification for membership
(1) A person shall be disqualified for being a member of the State Advisory Committee
he:
(i) is an undischarged insolvent; or
(ii) if he has been convicted of an offence which, in the opinion of the State
Government involves moral turpitude; or
(iii) if he is of unsound mind and stands so declared by a competent court;
(2) Where a question arises as to whether a disqualification has been incurred under
sub-rule (1) the State Government shall decide such question.
15. Removal from membership
The State Government may remove from office any member of the State Advisory
Committee, if in its opinion such member has ceased to represent the interest which he
purports to represent on such Committee:
Provided that, no such member shall be removed unless a reasonable opportunity is
given to him of making a representation against the proposed action under this rule.
16. Manner of filling vacancies
When a vacancy occurs or is likely to occur in the membership of the State Advisory
Committee, the Chairperson of such Committee shall submit a report to the State
Government and on receipt of such report, the State Government shall take steps to fill
the vacancy by making an appointment from amongst the category of persons to which
the person vacating membership belonged and the person so appointed shall hold office
for the remainder of the term of office of the member in whose place he is appointed.
17. Staff of State Advisory Committee
(1)
(i) The State Government may appoint one of its officers not below the rank of
Deputy Commissioner of Labour as Secretary of the State Advisory
Committee and appoint such other staff being in the service of the
Government, as it may think necessary, to enable such Committee to carry
out its functions.
(ii) The remuneration payable to such staff shall be such as may be decided by
the State Government from time to time,
(2) The State Government may appoint any person as a Secretary not below the rank
of Class-I Officer.
(i) shall assist the Chairperson of such Committee in convening meetings of the
Committee;
(ii) may attend the meetings of such Committee but shall not be entitled to vote
at such meetings;
(iii) shall keep a record of the minutes of the meetings of such Committee; and
(iv) shall take necessary measures to carry out the decisions taken at the
meetings of such Committee.
18. Allowances of members
(1) The travelling allowance of an official member of the State Advisory Committee
shall be governed by the rules applicable to him for journey performed by him on
official duties and shall be paid by the authority paying his salary.
(2) The non-official members of the State Advisory Committee shall be paid traveling
allowance for attending the meeting of such Committee at such rates may be fixed
by the State Government from time to time.
19. Disposal of business
(1) Every matter which the State Advisory Committee is required to take into
consideration shall be considered at a meeting of that Committee, or if the
Chairperson of such Committee so directs, by sending the necessary papers to
every member for opinion, and the matter shall be disposed of in accordance with
the decision of the majority:
Provided that, where there is no opinion of majority on a matter and the members
of such Committee are equally divided the Chairperson of such Committee shall
have a second or a casting vote.
Explanation: The expression "Chairperson of the State Advisory Committee" for
the purpose of this rule shall include the Chairperson of such Committee shall have
a second or a casting vote.
(2) No act or proceedings of the State Advisory Committee shall be invalid merely for
reasons of any vacancy in or any defect in constitution of the Committee.
20. Meetings
(1) The State Advisory Committee shall meet at such places and at such times as may
be decided by the Chairperson of such Committee and it shall meet at least once
in six months.
(2) The Chairperson of such Committee shall preside over every meeting of the
Committee in which he is present and in his absence he may nominate a member
of the Committee to preside over such a meeting in his place and in the absence
of such nomination by the Chairperson, the members of such committee present
in such meeting may choose from amongst themselves a member to preside over
such meeting.
21. Notice of meetings and list of business
(1) Ordinarily, two weeks’ notice shall be given to the members of the State Advisory
Committee of a proposed meeting:
Provided that, the Chairperson of such Committee, if he is satisfied that it is
expedient to do so, may give notice of longer period for such meeting which shall
not exceed or month.
(2) No business except which is included in the list of businesses for a meeting of such
Committee shall be considered at such meeting without the permission of the
Chairperson of the Committee.
22. Quorum
No business shall be transacted at any meeting of the State Advisory Committee unless
least six members of such Committee are present in that meeting which shall include,
least one member of State Legislature:
Provided that, if any meeting of such Committee less than six members is present, the
Chairperson of such Committee may adjourn the meeting to another date informing
members present and giving notice to the other members that he proposes to dispose
of the business at the adjourned meeting whether there is prescribed quorum or not,
and it shall thereupon be lawful for him to dispose of the business at the adjourned
meeting irrespective of the number of members attending.
CHAPTER IV
REGISTRATION OF ESTABLISHMENTS
23. Manner of making application for registration of establishments
(1) The application referred to in sub-section (1) of section 7 of the Act shall be made
in triplicate, in Form-I annexed to these rules to registering officer of the area
appointed under section 6 of the Act in which the building or other construction
work is to be carried on by the establishment.
(2) Every application referred to in sub-rule (1) shall be accompanied by a demand
draft showing payment of the fees for the registration of the establishment.
(3) Every application referred to in sub-rule (1) shall be either personally delivered to
the registering officer or sent to him by registered post.
(4) On receipt of the application referred to in sub-rule (1), the Registering Officer
shall, after noting thereon the date of receipt by him of the application, grant an
acknowledgement to the applicant.
24. Grant of certificate of registration
(1) The Registering Officer, after receiving application under sub-rule (1) of rule 23
shall register the establishment and issue a certificate of registration to the
applicant within fifteen days of receipt of application if such applicant has
complied with all the requirement as laid down in these rules and has made the
application within such period as specified under clause (a) and clause (b) of sub-
section (1) of section 7 of the Act. The certificate of registration to be granted by
the registering officer shall be in Form-II annexed to these rules.
(2) The registering officer shall maintain a register in Form-III annexed to these rules
showing the particulars of establishments in relation to which certificates of
registration have been issued by him.
(3) If, in relation to an establishment, any change occurs in the ownership or
management or other particulars specified in the certificate of registration, the
employer of the establishment shall intimate the registering officer, within thirty
days from the date when such change takes place, the date and particulars of such
change, and the reasons thereof.
25. Payment of additional fees and amendment of register etc.
(1) Where on receipt of the intimation under sub-rule (3) of rule 24, the registering
officer is satisfied that an amount higher than the amount, which has been paid
by the employer as fees for the registration of the establishment is payable, he
shall require such employer to pay additional sums which, together with the
amount already paid by such employer, would be equal to such higher amount of
fees payable for the registration of the establishment.
(2) Where on receipt of the intimation referred to in sub-rule (3) of rule 24, the
registering officer is satisfied that there has occurred a change in the particulars
of the establishment, as entered in the register in Form-III annexed to these rules,
he shall amend the said register and record therein the change which has
occurred:
Provided that the registering officer shall not carry out any amendment in the
register in Form-III annexed to these rules unless the appropriate fees have been
deposited by the employer.
26. Conditions of registration
(1) Every certificate of registration issued under rule 24 shall be subject to the
following conditions, namely:
(a) the certificate of registration shall be non-transferable;
(b) the number of workmen employed as building workers in an establishment
shall not, on any day, exceed the maximum number specified in the
certificate of registration; and
(c) save as provided in these rules, the fees paid for the grant of registration
certificate shall be non-refundable.
(2) The employer shall intimate the change, if any, in the number of workmen or the
conditions of work to the registering officer within fifteen days.
(3) The employer shall, before thirty days of the commencement and completion of
any building or other construction work, submit a written notice to the Inspector,
having jurisdiction in the area where the proposed building or other construction
work is to be executed, intimating the actual date of the commencement or, as
the case may be, completion of such building or other construction work in Form
IV annexed to these rules.
(4) The certificate of registration of an establishment shall be valid only for such
building and other construction work carried out by such establishment for which
intimation required under sub-rule (3) has been given.
(5) A copy of the certificate of registration shall be displayed at the conspicuous place
at the premises where the building and other construction work is being carried
on.
27. Fees
(1) The fees to be paid for the grant of a certificate of registration under rule 23 shall
be as specified below, namely:
If the number of workers proposed to be employed as building workers, for a
building or other construction work on any day,
(a) upto50 Rs.250.00
(b) exceeds 50 but does not
Rs.500.00
exceed 100
(c) Up to 100 but does not exceed
Rs.2000.00
300
(d) Exceeds 300 but does not
Rs.4000.00
exceed 500
(e) Exceeds 500 Rs.5000.00
CHAPTER V
APPEALS
28. Filing of appeal before the Appellate Officer
(1) Every appeal under sub-section (1) of section 9 of the Act shall be preferred in the
form of a memorandum signed by the aggrieved person or his authorised advocate
and presented to the appellate officer in person or sent to him by registered post.
(2) The memorandum shall be accompanied by a certified copy of the order appealed
against and a demand draft for rupees one hundred.
(3) The memorandum shall set forth concisely and under distinct heads the grounds
of appeal.
(4) Where the memorandum of appeal does not comply with the provisions of sub-
rule (2) and sub-rule (3), it may be returned to appellant for the purpose of being
amended within a time to be fixed by the Appellate Officer which shall not exceed
thirty days from the date on which the order appealed against has been
communicated to the appellant.
(5) Where the memorandum of appeal is in order, the Appellate Officer shall admit
the appeal, endorse thereon the date of hearing of such appeal, and shall register
the appeal in a book to be kept for the purpose called the register of appeals.
(6)
(1) When the appeal has been admitted, under sub-rule (5) the Appellate
Officer shall send the notice of the appeal to the registering officer against
whose order the appeal has been preferred and the registering officer shall
thereupon send the record of the case to the Appellate Officer.
(2) On receipt of the record, the Appellate Officer shall send a notice to the
appellant to appear before him at such date and time as may be specified in
the notice for the hearing of the appeal.
29. Failure to appear on the date of hearing
If on the date fixed for hearing, the appellant does not appear, the Appellate Officer may
dismiss the appeal for default of appearance of the appellant.
30. Restoration of appeals
Where an appeal has been dismissed under rule 29, the appellant may apply to the
Appellate Officer for the restoration of the appeal and if the Appellate Officer is satisfied
that the appellant was prevented by sufficient cause from appearing, the Appellate
Officer shall restore the appeal on its original number:
Provided that, an application for restoration under this rule shall not be entertained by
the Appellate Officer after thirty days from the date of such dismissal.
31. Hearing of appeal
(1) If the appellant is present when the appeal is called on for the hearing, the
Appellate Officer shall proceed to hear the appellant or his authorised advocate
and pass an order on the appeal, either confirming, reversing or varying the order
appealed against.
(2) The order of the Appellate Officer shall state the points for determination, the
decisions thereon and reasons for such decisions.
(3) The order shall be communicated to the appellant and a copy thereof shall be sent
to the registering officer against whose order the appeal has been preferred.
32. Copy of Order of Registration or of order in appeal
Copy of the order of the registering officer or of the Appellate Officer may be obtained
by the person concerned or a person authorised by him on payment of fees of rupees
fifty for each order on making application to the registering officer or the Appellate
Officer, as the case may be, specifying the date and other particulars of the order made
by the officer concerned. A copy of the certificate, of registration on loss or mutilation
of such certificate may at so be obtained in the like manner and on payment of like fees.
33. Payment of Fees
(1) All amounts of money payable on account of registration, appeal, supply of copies
or duplicate copies of certificate of registration shall be paid through a crossed
demand draft in favour of the registering officer and Appellate Officer, as the case
may be, and made payable by challan at the branch of the Bank specified by the
State Government from time to time at the headquarters of the concerned
registering officer or Appellate Officer.
(2) The registering officers' or the Appellate Officer, as the case may be, on receipt of
the demand draft under sub-rule (1) shall arrange to deposit the amount in the
appropriate account in the Bank specified by the State Government from time to
time in the account of “Pay and Accounts Officer”, Labour Department,
Gandhinagar.
CHAPTER VI
REGISTRATION OF BUILDING WORKERS AS BENEFICIARIES
34. Registration of Beneficiary
(1) Every qualified building worker shall apply in Form V for registration under sub-
section (2) of section 12 as a beneficiary, to the Authorised Officer of the Board.
(2) The Board shall authorise one or more of its officers to be the registering officer
of beneficiaries under the Act, under sub-section (2) of section 12 of the Act.
(3) The application for registration as beneficiary shall be accompanied with the
following:
(a) a fee as fixed by the Board,
(b) proof of age,
(c) certificate from the present employer,
(d) 3 copies of Passport size photograph.
(4) The Secretary of Board shall maintain register of beneficiaries in Form VI.
35. Register of Beneficiaries
Every registered employer shall maintain Employment Register in Form VII.
CHAPTER VII
WELFARE BOARD
36. Constitution of Board
(1) The State Government shall by notification in the Official Gazette constitute a
board to be known as the Gujarat Building and other Construction Workers
Welfare Board.
(2) The Board shall consist of a Chairperson, a person nominated by the State
Government and such number of other members not exceeding fifteen, having
equal number of members representating the State Government, employers and
building workers and at least one member of board shall be a women. Secretary,
Labour and Employment shall be the Chairperson of the board. The State
Government shall nominate a person to be its representative. Out of members
representing the State Government one each shall be from Health and Family
Welfare Department, Roads and Building Department, Narmda, Water Resources
and Water Supply Department, Finance Department not below the rank of
Secretary and Labour Commissioner, Gujarat State.
Five members representing the employer’s association connected with the
building and other construction work.
Five members representing the building and construction workers shall be
from union of such workers and from among N.G.O’s working in the interest of
such workers and a representative of women workers.
Welfare Commissioner, shall be the Member Secretary of the Board.
(3) The State Government shall by notification in the Official Gazette publish the
names of Chairperson, the person nominated by the Central Government and
other members.
37. Power of the State Government to appoint a Board consisting of one person
Where for any reasons whatsoever, it appears to the State Government that it is not in
a position to constitute a board in accordance with the provisions of rule (1) and the
State Government considers it expectancy to do so, the State Government may by
notification in the Official Gazette, appoint a person who shall hold office until the Board
is duly constituted under rule (i).
38. Term of Office of Members
The term of office of the Chairperson and the members of the Board shall be three years
commencing on the date on which their appointments are notified in the Official
Gazette.
39. Terms and conditions of appointment of Members
(1) No person shall be appointed or continued to be a Member of the Board, who is:
(a) a salaried officer of the Board, or
(b) is or at any time has been adjudged insolvent; or.
(c) is found to be lunatic or become of unsound mind; or
(d) is or has been convicted of any offence involving moral turpitude.
(2) The State Government may remove from Office any member, who is or has
become subject to any of the disqualifications mentioned in sub-rule (1) or (2) is
absent without leave of the Board for more than three consecutive meetings of
the Board or any other reasons which in the opinion of Chairman may renders the
contiments of the detrimental to the objectives sought to be achieved in the Act
and rules framed their under.
(3) A member shall hold the office during the pleasure of State Government and if in
the opinion of the State Government;
(a) the member representing the employers or the building workers ceases to
adequately represent the employers, or as the case may be, the building
workers; or
(b) having regard to the exigencies of circumstances or service in the State
Government cannot continue to represent the State Government, the State
Government may, by order, remove all or any of them from office at any
time.
40. Resignation of Office by Chairperson or Member
The Chairperson or any member of the Board may at any time resign his office by writing
under his hand addressed to the State Government, and his office shall, on acceptance
of resignation, become vacant.
41. Filling up of vacancy
In the event of any vacancy occurring on account of death, resignation, disqualification
or removal or otherwise, the Board shall forthwith communicate the occurrence to the
State Government, and the vacancy shall be filled in not later than ninety days from the
date of occurrence of the vacancy and the person so appointed, shall hold the office so
long only as the member in whose place he is nominated, would have held it if the
vacancy had not occurred.
42. Allowances payable to Members
The Chairperson and the members attending the meetings, other than Government
representatives, shall be paid travelling allowance and meeting allowance at such rates
as may be fixed by the Board, from time to time.
43. Terms and conditions of service of Secretary Other Officers and employees of the
Board
The terms and conditions of service and salaries, allowances of Secretary, other officers
and employees of the Board shall be such as may be determined by the Board, from
time to time, subject to the following, namely:
(a) The Secretary of the Board shall, as far as possible, be an Officer of the State
Government preferably of the Labour Department not below the rank of a Class-I
Officer taken on deputation.
(b) The term of deputation of an officer appointed as Secretary shall not exceed three
years.
(c) The other officers and employees of the Board may also be taken on deputation
from the State Government for a maximum period of three years.
(d) In case where the Secretary, other officers and employees of the Board are not
drawn from amongst the services of the State Government, the Board may make
appointments subject to such terms and conditions of service as it may determine,
subject to the approval of the State Government.
(e) Subject to the provisions contained in sub-section (3) of section 24 of the Act, the
salaries and allowances payable to the Secretary, other officers and employees of
the Board shall not be higher than those admissible to the State Government
employees of equivalent status.
44. Procedure of meetings
(1) The Board shall meet at least once in two months and as often as may be
necessary.
(2) Members of the Board shall be given seven clear days’ notice of a meeting
specifying the date, time and place of the meeting and business to be transacted
thereat:
Provided that, seven days’ notice shall not be necessary where, in the opinion of
Chairperson, business of an emergent nature has to be transacted.
45. Quorum
(1) The quorum for the meeting shall be of one third of the total members, having the
presence of at least one member each representing the Government, Employers
and the building workers.
(2) Adjournment of meeting: If there is no quorum as laid down in sub-rule (1), the
Chairperson shall after waiting for thirty minutes after the expiration of the
appointed hour, adjourn the meeting to such hour on some other future day as he
may reasonably fix. A notice of such adjourned meeting shall be sent to every
member of the Board and the business which would have been brought before
the original meeting, had there been a quorum thereat shall be brought before
the adjourned meeting and may be disposed of quorum or not.
(3) All questions to be decided by majority: All questions coming before the meeting
of the Board shall be decided by majority of the members present and voting at
the meeting, the Chairperson having a second or casting vote in all cases of
equality of votes.
(4) Modes of exercising votes: Votes shall be taken by show of hands and the names
of persons voting in favour and against any proposition shall be recorded only if
any member requests the Chairperson to do so.
46. Minutes of meeting
The Board shall keep minutes of the proceedings of each meeting of the Board, and shall
include therein the names of the members present. A copy of such minutes shall be
submitted by the Board to the State Government as soon as they are confirmed by the
Board.
47. Annual report
The Board shall submit to the State Government and Central Government as soon as
may be after the 1st of April every year and not later than 31st day of October, an Annual
report in Form No. VIII on the working of the Board during the preceding year ending
31st March of the year along with audited copy of accounts together with an auditor's
report.
48. Assistance in certain cases
The Board shall provide such financial assistance to the beneficiary for the purpose of
loans and advances for construction of a house, for education of children, for meeting
medical expenses for treatment of major ailments of beneficiary or his dependent or for
such other welfare measures and facilities as may be determined by the Board by
resolution, with due regard to the availability of funds with the Board.
49. Powers of the State Government to give directions
In exercise of the powers and discharge of its functions, the Board shall be bound by
such directions as the State Government may, for reasons to be stated in writing, given
to it from time to time.
CHAPTER VIII
HOURS OF WORK AND MAINTENANCE OF RECORDS
50. Hours of work intervals of rest and spreadover etc.
(1) No building worker employed in building or other construction work shall be
required or allowed to work for more than nine hours a day or forty-eight hours a
week.
(2) No building worker employed in building or other construction work shall be
required or allowed to work continuously for more than five hours unless he had
an interval of rest of not less than half an hour.
(3) The working day of a building worker employed in building or other construction
work shall be so arranged that inclusive of the intervals of rest, if any, shall not
spread over more than twelve hours on any day.
(4) When a building worker works in any building or other construction work for more
than nine hours or any day or for more than forty-eight hours in any week, he shall,
in respect of overtime work, be entitled to wages at double the ordinary rate of
wages.
(5) Employer should obtain the special permission from the State Government for
employment of Female Employee during night i.e. from 19.00 hrs. to 06.00 hrs.
51. Weekly rest payment for work done on the day of rest at overtime rate etc.
(1) Subject to the provisions of these rules, each building worker employed in building
and other construction work shall be allowed a day of rest every week (hereinafter
referred to as "the rest day") which shall ordinarily be Sunday, but the employer
may fix any other day of the week as the rest day:
Provided that, the building worker shall be informed of the day fixed as the rest
day and of any subsequent change in such rest day before the change is effected,
by display of a notice to that effect in the place of employment at the place
specified by the Inspector having jurisdiction in this behalf.
(2) No building worker employed in building or other construction work shall be
required or allowed to work on a rest day unless he already had or will have a
substituted rest day for a whole day on one of the five days immediately before or
after such rest day:
Provided that, no substitution shall be made which results in a building worker
working for more than ten days consecutively without a rest day for a whole day:
(3) Where a building worker employed in building or other construction work has
worked on a rest day and has been given a substituted rest day on any one of the
five days before or after the rest day, as provided in sub-rule (1) and sub-rule (2),
such rest day shall, for the purpose of calculating the weekly hours of work, be
included in the week in which such substituted rest day occurs.
(4) A building worker employed in building or other construction work shall be
granted wages for a rest day, calculated at the rate applicable to the day preceding
such rest day and in case he has worked on a rest day and has been given a
substituted rest day he shall be paid wages for such rest day on which he worked,
at the overtime rate and wages for such substituted rest day at the rate applicable
to the day preceding such substituted rest day.
Explanation-I For the purpose of this rule "preceding day" means the last day
preceding a rest day or a substituted rest day, as the case may be, on which a
building worker had worked and where such substituted rest day falls on a day
immediately after such a rest day, such "preceding day" means the last day
preceding such rest day on which such building worker had worked.
Explanation-II For the purposes of this rule, "week" shall mean a period of seven
days beginning at mid-night on a Saturday night.
52. Night Shifts
Where a building worker employed in building or other construction work, works on a
shift which extends beyond midnight;
(a) a rest day for the purposes of rule 235 shall mean a period of twenty-four
consecutive hours beginning from the time when such shift ends;
(b) the hours after midnight during which such building worker has worked shall be
counted towards the previous day; and
(c) the following day shall be deemed to be the period of twenty-four hours beginning
from the time when such shift ends.
53. Application of provisions of this Chapter to certain classes of building workers
(1) The provisions of this Chapter shall apply to the classes of building workers
specified under clauses (a) to (d) of sub-section (2) of section 28 of the Act subject
to the following, namely:
(a) no building worker employed in building or other construction work shall be
required or allowed to work continuously for more than fifteen hours a day
inclusive of intervals of rest or sixty hours in a week:
Provided that, intervals of rest not less than half an hour are given after
every five hours of continuous work as laid down in sub-rule (2) of rule 234;
(b) no building worker employed in building and other construction work shall
be required or allowed to work for more than ten consecutive days unless a
rest of twenty-four hours is given for rest to such worker.
(2) Where the working hours in respect of a building worker employed in building or
other construction work have exceeded the hours of work as laid down in sub-rule
(1) of rule 50 or where such worker has been deprived of a rest day due to
application of sub-rule (1) of this rule, such worker shall be paid at double the rate
of normal wages in respect of the work done in excess of such daily or weekly
hours and for work done on such rest-day.
54. Notice of wage periods, etc.
(1) Every employer shall cause to display at the conspicuous place of the work place
of an establishment under his control, notice showing the rates of wages of the
building workers working in such establishment, hours of work of such worker,
their wage periods, date of payment of such wages, names and addresses of the
Inspectors having jurisdiction to such establishment and date of payment of
unpaid wages to such workers, in Marathi, English, Hindi and in the local language
understood by the majority of such building workers.
(2) A copy of the notice referred to in sub-rule (10) shall be sent to the Inspector
having jurisdiction and whenever any change occurs relating to facts contained in
such notice, such change shall be communicated by the employer to such
Inspector.
55. Notice of commencement and completion
(1) Every employer shall, at least thirty days before the commencement of any
building or other construction work under his control, send or cause to be sent to
the Inspector having jurisdiction, a written notice intimating the actual date
of the commencement, the probable date of completion and other such
particulars as referred to in sub-section (1) of section 46 of the Act relating to such
building or other construction work in Form-IV, annexed to these rules.
(2) Where any change occurs in any of the particulars furnished under sub-rule (1) the
employer shall intimate such change to the Inspector having jurisdiction within
two days of such change.
(3) Nothing contained in sub-rule (1) shall apply in case of such class of building or
others construction work as the State Government may be notification specific to
emergent work.
56. Register of persons employed as building workers
Every employer shall maintain in respect of each registered establishment, where he
employs building workers, a register in 1[Form A specified in the Schedule to the Ease of
Compliance to Maintain Registers under various Labour Laws (Gujarat) Rules, 2017]
annexed to these rules.
57. Muster roll wages register deduction register over-time register and issue of wage
books and service certificates
(1) Every employer shall, in respect of each work on which he employs building
workers, maintain;
(a) 2[register of wages and muster-roll in form B and Form D, respectively,
specified in the Schedule to the Ease of Compliance to Maintain Registers
under various Labour Laws (Gujarat) Rules, 2017]
3[xxx]
(b) a register of deductions for damage or loss, register of fines and register of
advances 4[in Form C specified in the Schedule to the flaw of Compliance to
Maintain Registers under various Labour Laws (Gujarat) Rules, 2017]
(c) a register of overtime 5[in Form B specified in the Schedule to the Ease of
Compliance to Maintain Registers under various Labour Laws (Gujarat)
Rules, 2017] for recording therein the number of hours of and the wages
paid for, overtime work, if any,
(2) Every employer shall, in respect of each work on which he engages building
workers,
(a) issue where the wage period is one week or more, wage book to each of
such building worker in Form-XXVII annexed to these rules to such building
workers in which entries shall be made at least a day prior to the
disbursement of wages to them;
(b) issue a service certificate to each of such building worker in Form- XXVIII
annexed to these rules to such building workers on termination of his service
on account of completion of such work or for any other reason;
(c) obtain signature or thumb-impression of each such building worker against
entries relating to him on the register of wages or muster roll-cum-wages
register, as the case may be, and such entries shall be authenticated by the
employer or his authorised representative.
(3) In respect of an establishment to which the Payment of Wages Act, 1936 (4 of
1936), or Minimum Wages Act, 1948 (11 of 1948) or the Contract Labour
Regulation and Abolition Act, 1970 (37 of 1970) applies the following registers and
records required to be maintained by an employer under any of such Acts or the
rules made thereunder shall be deemed to be the registers and records
maintained by the employer under these rules, namely:
(a) muster roll;
(b) register of wages:
(c) register of deductions:
(d) register of overtime:
(e) register of fines:
(f) register of advances:
(g) combined register of wages-cum-muster roll.
(4) Notwithstanding anything contained in these rules, where a combined or
alternative form, in lieu of any of form specified under these rules, is sought to be
used by an employer to avoid duplication of work for compliance with the
provisions of any other Act or the rules framed thereunder or for administrative
convenience, such combined or alternative form may be used with the prior
approval of the State Government.
(5) Every employer shall display at the conspicuous place of the work site where he
employs building workers, an abstract of the Act and these rules in Marathi,
English and in Hindi and in a language understood by the majority of such building
workers.
(6) Every employer shall ensure that the registers and other records required to be
maintained under the Act or these rules, are maintained complete and up-to-date,
and/unless otherwise provided for are kept at an office or the nearest convenient
building within the precincts of the concerned work place.
(7) The registers and other records relating to an establishment and required to be
maintained under the Act or these rules, shall be maintained legibly in Marathi,
English and in Hindi or in a language understood by the majority of the building
workers employed in such establishment.
(8) Every register or other record referred to in sub-rule (7) shall be preserved by the
employer, with whom such register or other record belongs, in original for a period
of three calendar years from the date of last entry therein.
(9) Every register, record or notice maintained under the Act, or these rules shall be
produced or caused to be produced by the employer concerned on demand before
the Inspector or any other authority under the Act or any other person authorised
by the State Government for such purpose.
(10) In case, where during a wage period, no deduction has been made from the wage
of a building worker or no fine has been imposed on such building worker or no
overtime work has been performed by such building worker or no payment has
been made for overtime work to such building worker, a "nil" entry shall be made
against such wage period at the appropriate place in the relevant register
maintained 6[In Form C and B, as the case may be, specified in the Schedule to the
Ease of Compliance to Maintain Registers under various Labour Laws (Gujarat)
Rules, 2017]
58. Returns
Every employer of a registered establishment shall send annually a return relating to
such establishment in duplicate in Form-XXIX annexed to these rules to the registering
officer having jurisdiction so as to reach him not later than the fifteenth February
following the end of each calendar year with a copy to the Inspector having jurisdiction.
CHAPTER IX
WELFARE OF BUILDING WORKERS
59. Latrine and urinal accommodation
Latrines or urinals, as the case may be, required to be provided under section 33 of the
Act shall be of the types as specified below, namely:
(a) every latrine shall be under cover and so partitioned off as to secure privacy, and
shall have a proper door and fastenings;
(b)
(i) where both male and female building workers are employed, there shall be
displayed outside each block of latrines or urinals a notice containing therein
"For Men Only" or "For Women Only", as the case may be, written in the
language understood by the majority of such workers;
(ii) such notice shall also bear the figure of a man or of a woman, as the case
may be:
(c) every latrine or urinal shall be conveniently situated and accessible to building
workers at all times;
(d) every latrine or urinal shall be adequately lighted and shall be maintained in a
clean and sanitary condition at all times;
(e) every latrine or urinal other than those connected with a flush sewage system shall
comply with the requirements of the public health authorities;
(f) water shall be provided by means of a tap or otherwise so as to be conveniently
accessible in or near every latrine or urinal;
(g) the walls, ceilings and partitions of every latrine or urinal shall be white washed or
colour washed once in every period of four months.
60. Canteens
(1) In every place, wherein not less than two hundred building workers are ordinarily
employed, the employer of such building workers shall provide an adequate
canteen in the manner as specified in this rule for the use of such building workers.
(2) The canteen, referred to in sub-rule (1), shall consist of a dining hall with furniture
sufficient to accommodate building workers using such canteen, a kitchen, store-
room, pantry and washing places separately for building workers and for utensils.
(3)
(i) The canteen referred to in sub-rule (1) shall be sufficiently lighted at all times
when any person has access to it;
(ii) The floor of such canteen shall be made of smooth and impervious material
and inside walls of such canteen shall be lime-washed or colour-washed at
least once in every six months:
Provided that, such inside walls of the kitchen of such canteen shall be lime-
washed once in every three months.
(4)
(i) The precincts of the canteen referred to in sub-rule (1) shall be maintained
in a clean and sanitary condition;
(ii) waste water from such canteen shall be carried away in suitable covered
drains and shall not be allowed to accumulate in the surroundings of such
canteen;
(iii) suitable arrangements shall be made for the collection and disposal of
garbage from such canteen.
(5) Building of the canteen referred to in sub-rule (1) shall be situated at the distance
not less than 15.2 metres from any latrine or urinal or any source of dust, smoke
or obnoxious fumes.
61. Foodstuff to be served in the Canteen
The foodstuffs and other items to be served in the canteen, referred to in sub-rule (1)
of rule 60, shall be in conformity with the normal dietary habits of the building workers.
62. Serving of tea and snacks at the work places
At a building or other construction work where a work place is situated at a distance of
more than 0.2 kilometre from the canteen arrangement shall be made by the employer
employing building workers at such place for serving tea and light refreshment to such
building workers at such place.
63. Charges of foodstuff
(1) The charges for foodstuffs, beverages and other items served in the canteen
provided under sub-rule (1) of rule 60 shall be based on "No profit no loss" and
the price list of such items shall be conspicuously displayed in such canteen.
(2) In arriving at the prices of items referred to in sub-rule (1), the following shall not
be taken into consideration as expenditure, namely:
(a) the rent for the land and building of such canteen;
(b) the depreciation and maintenance charges for the building and equipment
provided in such canteen;
(c) the cost of purchase, repairs and replacement of equipment including
furniture, crockery, cutlery, utensils and uniforms provided to the
employees of such canteen;
(d) the water charges and other charges incurred for lighting and ventilation of
such canteen; and
(e) the interest on the amounts spent for providing and maintaining furniture
and other equipment for such canteen.
CHAPTER X
GENERAL PROVISIONS
64. Excessive noise vibration etc.
An employer shall ensure at a construction site of a building or other construction work
that adequate measures are taken to protect building workers against the harmful
effects of excessive noise or vibration at such construction site and the noise level in no
case exceeds the limits laid down in Schedule-VI annexed to these rules.
65. Fire protection
An employer shall ensure at a construction site of a building or other construction work
that;
(a) such construction site is provided with:
(i) fire extinguishing equipment sufficient to extinguish any probable fire at
such construction site;
(ii) an adequate water supply at ample pressure as per national standards
(iii) number of trained persons required to operate the fire extinguishing
equipment provided under sub-clause (i);
(b) fire-extinguishing equipment provided under sub-clause (i) of clause (a) is properly
maintained and inspected at regular intervals of not less than once in a year by the
responsible person and a record of such inspections is maintained;
(c) in case of every launch or boat or other craft used for transport of building workers
and the cabin of every lifting appliance including mobile crane, adequate number
of portable fire-extinguishing equipment of suitable type shall be provided at each
of such launch or boat or craft or lifting appliance.
66. Emergency action plans
An employer shall ensure at a construction site of a building or other construction work
that in case more than five hundred building workers are employed at such construction
site emergency action plan to handle the emergencies like:
(a) fire and explosion,
(b) collapse of lifting appliances and transport equipment,
(c) collapse of building, sheds or structures, etc.,
(d) gas leakage or spillage of dangerous goods or chemicals,
(e) drowning of building workers, sinking of vessels, and
(f) landslides getting building workers buried, floods, storms and other natural
calamities, is prepared and submitted for the approval of the Chief Inspector.
67. Fencing of motors etc.
An employer shall ensure at a construction site of a building or other construction work
that,
(a) all motors, cogwheels, chains, and friction gearing, flywheels, shafting, dangerous
and moving parts of machinery (whether or not driven by mechanical power) and
steam pipes are securely fenced or lagged;
(b) the fencing of dangerous parts of machinery is not removed while such machinery
is in motion or in use;
(c) no part of any machinery, which is in motion and which is not securely fenced is
examined, lubricated, adjusted or repaired except by a person skilled for such
examination, lubrication, adjustment or repairs;
(d) machine parts are cleaned when such machine is stopped;
(e) when a machine is stopped for servicing or repairs, adequate measures are taken
to ensure that such machine does not re-start inadvertently.
68. Lifting and carrying of excessive weight
An employer shall ensure at a construction site of a building or other construction work
that,
(a) no building worker lifts by hand or carries overhead or over his back or shoulders
any material, article, tool or appliances exceeding in weight the maximum limits
set out in the following table:
Person Maximum Weight Load
Adult-man 50 kg
Adult-woman 30 kg
Adolescent-male 30 kg
Adolescent-female 20 kg
unless aided by any other building worker or a mechanical device;
(b) no building worker aided by other building workers, lift by hand or carry overhead
or over their back or shoulders, any material, article, tool or appliance exceeding
in weight the sum total of maximum limits set out for each building worker
separately under clause (a), unless aided by a mechanical device.
69. Health and safety policy
(1)
(a) Every establishment employing fifty or more building workers shall prepare
written statement of policy in respect of safety and health of building
workers and submit the same for the approval of the Chief Inspector;
(b) the policy referred to in clause (9a) shall contain the following, namely:
(i) the intentions and commitments of the establishment regarding
health, safety and environmental protection of building workers;
(ii) organisational arrangements made to carry out the policy referred to
in clause (a) specifying the responsibility at different levels of
hierarchy;
(iii) responsibilities of the principal employer, contractor, sub-contractor,
transporter or other agencies involved in the building or other
construction work;
(iv) techniques and methods for assessment of risk to safety, health and
environmental and remedial measures therefor;
(v) arrangements for training of building workers, trainers, supervisors or
other persons engaged in the construction work;
(vi) other arrangements for making the policy referred to in clause (a),
effective;
(c) the intention and commitment referred to in sub-clause (i) of clause (b) shall
be taken into account in making decisions relating to plant, machinery,
equipment, materials and placement of building workers.
(2) A copy of the policy referred to in clause (a) of sub-rule (1), signed by an authorised
signatory shall be sent to the State Government.
(3) The establishment shall revise the policy referred to in clause (a) of sub-rule (1) as
often as necessary under the following circumstances, namely:
(i) whenever any expansion or modification having implication on safety and
health of the building workers is made in such building or other construction
work; or
(ii) whenever any new building or other construction work, substances, articles
or techniques are introduced having implication on health and safety of
building workers.
(4) A copy of the policy referred to in sub-clause (a) of sub-rule (1) shall be displayed
at the conspicuous places in Hindi, Gujarati and a local language understood by
the majority of building workers at a construction site.
70. Dangerous and harmful environment
An employer shall ensure at a construction site of a building or other construction work
that,
(a) when an internal combustion engine exhausts into a confined space or excavation
or tunnel or any other work place where neither natural ventilation nor artificial
ventilation system is adequate to keep the carbon monoxide content of the
atmosphere below fifty parts per million, adequate and suitable measures are
taken at such work place in order to avoid exposure of building workers to health
hazards;
(b) no building worker is allowed to enter any confined space or tank or trench or
excavation wherein there is given off any dust, fumes or other impurities of such
nature and to such extent as is likely to be injurious or offensive to the building
worker or in which explosives, poisonous, noxious or gaseous material or other
harmful articles have been carried or stored or in which dry ice has been used as
a refrigerant, or which has been fumigated or in which there is a possibility of
oxygen deficiency, unless all practical steps have been taken to remove such dust,
fumes, or other impurities and dangers which may be present and to prevent any
further ingress thereof, and such work place or tank or trench or excavation is
certified by the responsible person to be safe and fit for the entry of such building
workers.
71. Overhead Protection
(1) An employer shall ensure at a construction site of a building or other construction
work that overhead protection is erected along the periphery of every building
under construction which shall be of fifteen metres or more in height when
completed.
(2) Overhead protection referred to in sub-rule (1) shall not be less than two metres
wide and shall be erected at a height not more than five metres above the base of
the building and the outer edge of such overhead protection shall be one hundred
fifty millimetres higher than the inner edge thereof or shall be erected at an angle
of not more than twenty degrees to its horizontal sloping into the building.
(3) The employer shall ensure at the building and other construction work that any
area exposed to risk of falling material, articles or objects is roped off or cordoned
off or otherwise suitably guarded from inadvertent entry of persons other than
building workers at work in such area.
72. Slipping tripping cutting drowning and falling hazards
(1) All passageways, platforms and other places of construction work at the building
or other construction work shall be kept by the employer free from accumulations
of dust, debris or similar material and from other obstructions that may cause
tripping.
(2) Any sharp projections or protruding nails or similar projections which may cause
any cutting hazard to a building worker at the building or other construction work
shall be removed or otherwise made safe by taking suitable measures by the
employer.
(3) No employer shall allow any building worker at building or other construction
work to use the passageway, or a scaffold, platform or any other elevated working
surface which is in a slippery and dangerous condition and shall ensure that water,
grease, oil or other similar substances which may cause the surface slippery, be
removed or sanded, saw dusted or covered with suitable material to make it safe
from slipping hazard at a building or other construction work.
(4) Wherever building workers at a building or other construction work are exposed
to the hazard of falling into water, they shall be provided by the employer with
adequate equipment for saving themselves from drowning and rescuing from such
hazard and if the Chief Inspector considers necessary, well-equipped boat or
launch manned with trained personnel shall be provided by the employer at the
site of such work.
(5) Every open side or opening into or through which a building worker, vehicle or
lifting appliance or other equipments may fall at a building or other construction
work shall be covered or guarded suitably by the employer to prevent such fall
except where free access is necessary by reasons of the nature of the work.
(6) Wherever building workers at a building or other construction work are exposed
to the hazards of falling from height while employed on such work, they shall be
provided by the employer with adequate equipment or means for saving them
from such hazards. Such equipment or means shall be in accordance with the
national standards.
(7) Whenever there is a possibility of falling of any material, equipment or building
worker at a construction site relating to a building or other construction work,
adequate and suitable safety net shall be provided by employer in accordance with
the national standards.
73. Dust gases fames etc.
An employer shall prevent concentration of dust, gases or fumes by providing suitable
means to control their concentration within the permissible limit so that they may not
cause injury or pose health hazard to a building worker at a building or other
construction work.
74. Corrosive Substances
The employer shall ensure that corrosive substances, including alkalis and acids, shall be
stored and used by a person dealing with such substances at a building or other
construction work in such a manner that it does not endanger the building worker and
suitable protective equipment shall be provided by the employer to a building worker
during handling or use of such substances at a building or other construction work and
in case of spillage of such substances on the building worker, immediate remedial
measures shall be taken by the employer.
(a)
(i) winches are not used if control levers operate with excessive friction or play;
(ii) double gear winches are not used unless a positive means of locking the gear
shift is provided;
(iii) there is no load other than the fall and the hook assembly on the winch while
charging gears on a two-gear winch;
(iv) adequate protection is provided to winch operator against abnormal
weather;
(v) temporary seats or shelters for which operators which may pose hazard to
the winch operator or any other building workers are not allowed to be used;
(vi) control levers are secured in the neutral position and, whenever possible,
the power is shut off whenever winches are left unattended;
(b) in use of every steam winch:
(i) measures are taken to prevent escaping steam from obscuring any part of
the construction site or other work place or from otherwise hindering or
injuring any building worker;
(ii) extension control levers which tend to fall of their own weight are counter
balanced;
(iii) winch operators are not permitted to use the winch control extension levers
except for short handles on wheel type controls and that such levers are of
adequate strength, secure and fastened with metal connections at the
fulcrum and at the permanent control lever;
(c) in use of every electric winch, a building or other construction worker is not
permitted to transfer, alter or adjust electric control circuits in case of any defect
in such winch;
(d) electric winches are not used for building work where:
(i) the electro-magnetic brake is unable to hold the load; or
(ii) one or more control points, either hoisting or lowering, are not operating
properly.
90. Buckets
The employer shall ensure at a construction site of a building or other construction work
that tip-up buckets are equipped with a device that effectively prevents accidental
tipping.
91. Identification and marking of safe working load
The employer shall ensure at a construction site of a building or other construction work
that:
(a) every lifting appliance and loose gear is clearly marked for its safe working load
and identification by stamping or other suitable means;
(b)
(i) every derrick (other than derrick crane) is clearly marked for its safe working
load when such derrick is used either in single purchase with a lower block
or in union purchases in all possible block positions;
(ii) the lowest angle to the horizontal, to which the derrick may be used, is
legibly marked;
(c) every lifting appliance having more than one working load is fitted with effective
means to enable the operator to determine safe working load at each point under
all conditions of use;
(d) means to ascertain the safe working load for lifting gears under such conditions in
which such gears may be used are provided to enable a worker using such gears
and such means shall consist of,
(i) marking the safe working load in plain figures or letters upon the sling or
upon a tablet or ring of durable material attached securely thereto in case
of chain slings; and
(ii) either the means specified in sub-clause (i) or notices so exhibited as can be
easily read by any concerned building worker stating the safe working load
for the various sizes of the wire rope slings used in case of wire rope slings.
92. Loading of lifting appliances and lifting gears
The employer shall ensure at a construction site of a building or other construction work
that:
(a) no lifting appliance, lifting gear or wire rope is used in an unsafe way and in such
a manner as to involve risk to life of building workers, and that they are not loaded
beyond their safe working load except for testing purposes under the direction of
a competent person in the manner as specified in Schedule I annexed to these
rules;
(b) no lifting appliance, lifting gear or any other material handling appliance is used,
if,
(i) the Inspector having jurisdiction is not satisfied with reference to a
certificate of test or examination or to an authenticated record maintained
as provided under these rules; and
(ii) in the view of such Inspector, the lifting appliance, lifting gear or any other
material handling appliance is not safe for use in building or other
construction work;
(iii) no pulley block is used in building or other construction work unless the safe
working load and its identification are clearly marked on such block.
93. Operator's cab or cabin
The employer shall ensure at a construction site of a building or other construction work
that,
(a) the operator of every lifting machine in outdoor service is provided with a cab or
cabin which:
(i) is made of fire resistant material;
(ii) has a suitable seat, a foot rest and protection from vibration;
(iii) affords the operator an adequate view of the area of operation;
(iv) affords the necessary access to working parts in cab;
(v) affords the operator adequate protection against the weather;
(vi) is adequately ventilated; and
(vii) is provided with a suitable fire extinguisher.
94. Operation of lifting appliances
The employer shall ensure at a construction site of a building or other construction work
that:
(a) every crane driver or lifting operator possess adequate skill and training in the
operation of the particular lifting appliance;
(b) no person under eighteen years of age is in control of any lifting appliance, scaffold
winch, or to give signals to the operator;
(c) precaution is taken by the trained operator to prevent lifting appliance from being
set in motion;
(d) the operation of lifting appliance is governed by signals in conformity with the
relevant national standards;
(e) the lifting appliance operator's attention is not distracted while he is working;
(f) no crane, hoist, winch or other lifting appliance or any part of such crane, hoist,
winch or other lifting appliance is, except for testing purposes, loaded beyond the
safe working load;
(g) during the hoisting operations effective precaution is taken to prevent any person
from standing or passing under the load in such operations;
(h) operator does not leave lifting appliance unattended while power is on or load is
suspended to such appliance;
(i) no person rides on a suspended load or on any lifting appliance;
(j) every part of a load in course of being hoisted or lowered is adequately suspended
and supported to prevent danger;
(k) every receptacle used for hoisting bricks, tiles, slates or other material is suitably
enclosed as to prevent the fall of any such materials;
(l) the hoisting platform is enclosed when loose materials or loaded wheel-barrows
are placed directly on such platform or lowering, such materials or wheel-barrows;
(m) no material is raised, lowered or slowed with any lifting appliance in such a way as
to cause sudden jerks to such appliance;
(n) in hoisting a barrow, any wheel of such barrow is not used as a means of support
unless adequate steps are taken to prevent the axle of such wheel from slipping
out of its bearings;
(o) long objects like planks or girders are provided with a tag line to prevent any
possibility of danger while raising or lowering such objects;
(p) during the process of landing of material, a building worker is not permitted to
lean out into empty space for finding out the loading and unloading of such
material;
(q) the hoisting of loads at places where there is regular flow of traffic is carried out
in an enclosed space, or in case such hoisting is impracticable in enclosed space,
measures are taken to hold up or divert the traffic during the time of such hoisting;
(r) adequate steps are taken to prevent a load, in the course of being hoisted or
lowered from coming into contact with any object to avoid any displacement of
such load;
(s) appliances are provided and used for guiding heavy loads when raising or lowering
heavy loads to avoid crushing of hands of building workers during such raising or
lowering of loads.
95. Hoists
The employer shall ensure at a construction site of a building or other construction work
that,
(a) hoist towers are designed according to relevant national standards;
(b) hoist shafts are provided with rigid panels or other adequate fencing,
(i) at the ground level on all sides of such shafts; and
(ii) at all other levels on all sides of the access to such shafts;
(c) the walls of hoist shafts, except at approaches, extend at least two metres above
the floor or platform of access to such shafts;
(d) approaches to a hoist are provided with gates which are,
(i) gridded to maintain visibility;
(ii) at least of two metres height; and
(iii) equipped with a device which requires such gate to be closed before the
platform of such hoist can leave the landing and prevents the gate from
being opened unless such platform, is at the landing;
(e) approaches to a hoist are adequately lit;
(f) the guides of hoist platforms offer sufficient resistance to bending and, to bucking,
in the case of jamming, by providing a safety catch;
(g) overhead beams and their supports are capable of holding the total maximum live
and dead loads that such beams and supports will be required to carry, with a
safety factor of at least five;
(h) a clear space is provided,
(i) above the highest stopping place of a cage or platform to allow sufficient
unobstructed travel of such cage or platform in case of over winding; and
(ii) below the lowest stopping place of such cage or platform;
(i) adequate covering is provided above the top of hoist shafts to prevent materials
from falling into such shafts;
(j) outdoor hoist towers are erected on adequately firm foundations and are securely
braced, guided and anchored;
(k) a ladder way extends from the bottom to the top of every outdoor hoist tower in
case no other ladder way exists within easy reach and such ladderway comply with
the relevant national standards;
(l) the rated capacity of a hoisting engine is at least one and a half times the maximum
load that such engine will be required to move;
(m) all gearing on a hoisting engine is securely enclosed;
(n) steam piping of a hoisting engine is adequately protected against accidental
contact of such piping with a building worker;
(o) electrical equipment of a hoisting engine is effectively earthed;
(p) a hoist is provided with suitable devices to stop a hoisting engine as soon as the
platform of such hoist reaches its highest stopping place;
(q) a hoisting engine is protected by a suitable cover against weather and falling
objects;
(r) a hoisting engine set up in a public thoroughfare is completely enclosed;
(s) all exhaust steam pipes discharge steam in such a manner that the steam so
discharged does not scald any person or obstruct the operator's view;
(t) the motion of a hoist is not reversed without first bringing it to rest to avoid any
harm from such reverse motion;
(u) a hoist, not designed for the conveyance of persons, is not set in motion from the
platform of such hoist;
(v) Pawls and ratchet wheels of a hoist, requiring disengagement of such pawls from
such ratchet wheels, before the platform of such hoist is lowered, are not used;
(w) a platform of a hoist is capable of supporting such maximum load, that such
platform may carry, with a safety factor of at least three;
(x) a platform of a hoist is equipped with suitable safety gear which can hold such
platform with its maximum load in case its hoisting rope breaks;
(y) on platform of a hoist, the wheel-barrows or truck are efficiently blocked in a safe
position;
(z) a cage of a hoist or a platform, where the building workers are required to enter
into such cage or to go on such platform at landing level, is provided with a locking
arrangement to prevent such cage or platform from moving during the time a
worker enters or leaves such cage or platform;
(za) the sides of a platform of a hoist which, are not used for loading or unloading, are
provided with toe-board and enclosures of a wire mesh or any other suitable
means to prevent the fall of any part of a load from such platform;
(zb) a platform of a hoist, which has any probability of falling and part of load from it,
is provided with an adequate covering with such fall;
(zc) the counter-weights of a hoist consisting of an assemblage of several parts are so
constructed that such parts are rigidly connected together;
(zd) the counter-weights of a hoist run between guides;
(ze) at every level of work the building workers are provided with adequate platforms
for performing such work;
(zf) a legible notice in Hindi as well as in a local language is displayed at;
(i) a conspicuous place of the platforms of a hoist and that such notice, states
the maximum carrying capacity of such hoist in kilograms;
(ii) a conspicuous place on the hoisting engine and that such notice states
maximum lifting capacity of such hoist in kilograms;
(iii) a conspicuous place on a hoist authorised and certified for the conveyance
of the person on the platform or cage and such notice states the maximum
number of persons to be carried on such hoist at one time;
(iv) a conspicuous place on a hoist carrying goods and other materials and such
notice states that such hoist is not meant for carriage of persons.
96. Fencing of and means of access to lifting appliances
The employer shall ensure at a construction site of a building or other construction work
that,
(a) safe means of access is provided to every part of a lifting appliance;
(b) the operator's platform on every crane or tip driven by mechanical power is
securely fenced and is provided with safe means of access and where access to
such platform is by a ladder,
(i) the sides of such ladder extend to a reasonable height beyond such
platforms or some other suitable handhold is provided in lieu thereof to
prevent any falling of persons from such platforms;
(ii) the handling place on such platform is maintained free from obstruction and
slipping, and
(iii) in case the height of such ladder exceeds six metres, the resting platform are
provided on such ladder at every six metres of its height and where the
distance between last platform so provided and the top end of such ladder
is more than two metres than on such top end.
97. Rigging of derricks
The employer shall ensure at a construction site of a building or other construction work
that every derrick has current and relevant rigging plans and any other information
necessary for the safe rigging of such derricks and its gear.
98. Securing of derrick foot
The employer shall ensure at a construction site of a building or other construction work
that appropriate measures are taken to prevent the foot of a derrick being lifted out of
its socket or support.
99. Construction and maintenance of lifting gear
The employer shall ensure at a construction site of a building or other construction work
that,
(a) every lifting gear is,
(i) of good design and construction, sound material and adequate strength to
perform the work for which it is used;
(ii) free from patent defects; and
(iii) properly maintained in good repair and working order;
(b) components of the loose gear, at the time of its use, are renewed if one of its
dimensions at any point has decreased by ten percent or more by user;
(c) a chain is withdrawn from use when it is stretched and increased in length which
exceeds five percent of its length or when a link of such chain is deformed or is
otherwise damaged or raised scarfs of defective welds is appeared on it;
(d) rings, hooks, swivels and end links attached to a chain are of the same material as
that of such chain;
(e) the voltage of electric supply to any magnetic lifting device does not fluctuate by
more than, plus ten percent or minus ten per cent.
100. Test and periodical examination of lifting gears
The employer shall ensure at a construction site of a building or other construction work
that:
(a) a lifting gear is initially tested for the manufacturer by a competent person, in a
manner specified in Schedule-II annexed to these rules before taking into use or
after undergoing any substantive alterations which renders its any part liable to
affect its safety and such gear alters such test shall subsequently be retested for
the use of its owner atleast once in every five years;
(b) a lifting gear in use is thoroughly examined once atleast in every twelve months
by a competent person;
(c) a chain in use is thoroughly examined once atleast every month by a responsible
person for its use;
(d) certificates of initial and periodical tests and examinations of loose gears under
these rules are obtained in Form XI annexed to these rules.
101. Ropes
The employer shall ensure at a construction site of a building or other construction work
that:
(a) no rope is used for building or other construction work unless:
(i) it is of good quality and free from patent defects; and
(ii) in the case of wire rope, it has been tested and examined by a competent
person in the manner specified in Schedule-I annexed to these rules;
(b) every wire rope of lifting appliance or lifting gear used for building or other
construction work is inspected by a responsible person for such use, once atleast
in every three months:
Provided that, after any such wire is broken in such rope, it shall thereafter be
inspected once atleast in every month by the responsible person;
(c) no wire rope is used for building or other construction work if in any length of eight
diameters of such wires, the total number of visible broken wires exceed ten per
cent of the total number of wires in such rope, or such rope shows sign of excessive
wear, corrosion or other defects which in the opinion of the person who inspects
it or Inspector, having jurisdiction, is unfit for use;
(d) eye splices and loops of ropes for the attachment of hooks, rings and other such
parts to wire ropes are made with suitable thimble;
(e) a thimble or loop splice made in any wire rope sling conforms to the following
standards, namely:
(i) wire rope sling shall have atleast three tucks with full strand of rope and two
tucks with one-half of the wires cut out of each of such strand in all cases,
such strands shall be tucked against the lay of the rope;
(ii) protruding ends of such strands in any splice of wire rope slings shall be
covered or treated so as to leave no sharp points;
(iii) a fibre rope or a rope sling shall have atleast four tucks; tail of such tuck
being whipped in a suitable manner; and
(iv) a synthetic fibre rope or rope sling shall have atleast four tucks with full
strand followed by further tuck with one-half filaments cut out of each of
such strand and final tuck with one-half of the remaining filaments cut-out
from such strands. Any portion of the splices containing such tucks, with
reduced number of filaments, shall be securely covered with suitable tape
or other materials:
Provided that, nothing contained in this sub-clause shall apply where any
other form of splice, which may be shown to be as efficient as the splice with
above standards, is used.
102. Heat treatment of lifting gears
The employer shall ensure at a construction site of a building or other construction work
that,
(a) all chains other than briddle chains are attached to derricks and all rings, hooks,
shackles and swivels used in hoisting or lowering of such derricks are effectively
annealed under supervision of a competent person and at the following intervals,
namely:
(i) such chains, rings, shackles and swivles which are not more than twelve and
a half millimetre of length are so annealed atleast once in every six months;
and
(ii) all other such chains, rings, hooks, shackles and swivles are so annealed
atleast once in every twelve months:
Provided further that, in case of such chains, rings, hooks, shackles and
swivels used solely on such derricks and other hoisting appliances which are
worked by hand, the provisions of sub-clause (i) and sub-clause (ii), as the
case may be, shall apply as if for the period of six months and twelve months,
the periods of twelve months and two years have respectively been
substituted therein:
Provided also that, in case where the Inspector, having jurisdiction, is of the
opinion that owing to the size, design material or frequency of use of any
such chains, rings, hooks, shackles and swivels, the requirement of this
clause for annealing is not necessary for the protection of building worker,
he may after obtaining the approval of the Chief Inspector, certify in writing
to such employer that subject to the conditions specified in such
certification, such chains, rings, hooks, shackles and swivels are exempted
from such annealing and thereafter the provision of this clause shall apply
subject to such exemption:
Provided also that, this clause shall not apply to:
(i) pitched chains, working on sprocket or sprocketed wheels;
(ii) rings, hooks and swivels permanently attached to pitched chains,
pulley blocks or weighing machines; and
(iii) hooks and swivels having ball bearings or other case-hardened parts;
(b) a chain or a loose gear made of high tensile steel or alloy steel is plainly marked
with a mark indicating that it is so made;
(c) no chain or loose gear made of high tensile steel or alloy steel is subjected to any
form of heat treatment except where such treatment is necessary for the purpose
of repair of such chain or loose gear and that such repair is made under the
direction of the competent person;
(d) that the wrought iron gear, the past history of which is not traceable, is suspected
of being heat treated at incorrect temperature, is normalised before using it on
any building or other construction work.
103. Certificate to be issued after actual testing and examination etc.
The employer shall ensure at a construction site of a building or other construction work
that a competent person issues a certificate in Form XIV for the purpose of Rule 86, Rule
92, Rule 101 and Rule 102 only after actual testing or, as the case may be, examination
of the apparatus specified in the said rules.
104. Register of periodical test examination and certificates thereof
The employer shall ensure at a construction site of a building or other construction work
that:
(a) a register in Form XXX, annexed to these rules is maintained and particulars of
such test and examination of lifting appliances, lifting gears and heat treatment as
required under Rule 86, Rule 92, and Rule 12, are entered in such register:
(b) certificate in respect of each of the following is obtained from competent person
in the forms as mentioned below, namely:
(i) in case of initial and periodical test and examination under Rule 86 and Rule
101 for:
(a) winches, derricks and their accessory gears in Form IX annexed to
these rules;
(b) cranes or hoists and their accessory gears in Form X annexed to these
rules;
(ii) in case of test, examination and re-examination of loose gears under clause
(d) of Rule 100 in Form XI annexed to these rules;
(iii) in case of test and examination of wire ropes under Rule 92 in Form XII
annexed to these rules;
(iv) in case of heat treatment and examination of loose gears under Rule 12 in
Form VIII annexed to these rules;
(v) in case of annual thorough examination of the loose gears under clause (b)
of Rule 1, except where required particulars of such exemption have been
enclosed in the register referred to in clause (a), in Form XXX, annexed to
these rules, and such certificates are attached to the register referred to in
clause (a);
(c) the register referred to in clause (a) and the certificates referred to in clause (b)
attached to such register are,
(i) kept at such construction site in case such register and certificate relate to
lifting appliances, loose gear and wire ropes;
(ii) produced on demand before an Inspector having jurisdiction; and
(iii) retained for atleast five years after the date of the last entry made in such
register,
(d) no lifting appliances or lifting gear in respect of which an entry is required to be
made in register referred to in clause (a) and certificate of test and examination
are required to be attached in such register in the manner as specified in clause
(a) or clause (b), as the case may be, is used for building or other construction work
unless the required entries have been made in such register and certificate.
105. Vacuum and magnetic lifting gear
The employer shall ensure at a construction site of a building or other construction work
that:
(a) no vacuum lifting gear, magnetic lifting gear or any other lifting gear where the
load on it is held by adhesive power, is used while workers are performing
operations beneath such gear,
(b) a magnetic lifting gear used in connection with building or other construction work
is provided with an alternative supply of power, such as batteries, which may come
into operation immediately in the event of failure of the main power supply;
(c) no building worker shall work within the swinging zone of the lifting gear or load
or building or other construction material suspended to such lifting gear.
106. Knotting of chains and wire ropes
The employer shall ensure at a construction site of a building or other construction work
that no chain or wire rope with a knot in it is used in building or other construction work.
107. Carrying of persons by means of lifting appliances etc.
(1) The employer shall ensure at a construction site of a building or other construction
work that no building worker is raised, lowered or carried by a power-driven lifting
appliance except:
(a) on the driver's platform in the cage of a crane; or
(b) on a hoist; or
(c) on an approved suspended scaffold:
Provided that, a building worker may be raised, lowered or carried by a
power-driven lifting appliance
(i) in circumstances where the use of a hoist or of a suspended scaffold is
not reasonably practicable and the requirements of sub-rule (2) are
complied with; or
(ii) on an aerial cableway or aerial ropeway in case where the
requirements of sub-rule (2) are complied with;
(2) the requirements referred to in proviso to sub-rule (1) are as below, namely:
(i) that the appliance referred to in such proviso can be operated from one
position only;
(ii) that any winch used in connection with the appliance referred to in such
proviso comply with the requirements of Rule 89;
(iii) that no person shall be carried by the appliance referred to in such proviso
except,
(a) in a chair or cage; or
(b) in a skip or other receptacle atleast three feet deep which is suitable
for safe carriage of a person and any such chair, cage, skip or other
receptacle is made of good construction, sound material, and has
adequate strength and is properly maintained with suitable means to
prevent any occupant therein from falling out of it and is free from any
material or tools which may interfere with the handhold or foothold
of such occupant or otherwise endanger him; and
(iv) that suitable measures shall be taken to prevent the chair, cage, skip or other
receptacle from spinning or tipping in a manner dangerous to any occupant
therein.
108. Hoists carrying persons
The employer shall ensure at a construction site of a building or other construction work
that:
(a) no building worker is carried by a hoist unless it is provided with a cage which:
(i) is so constructed as to prevent, when its gates are shut, any building worker
carried by such hoist from falling out of it or from being trapped between
any part of such cage and any fixed structure or other moving part of such
hoist or from being struck by articles or materials falling down the hoistway
on which such hoist is moving; and
(ii) is fitted on each of its side from which, access is provided to a landing place
with a gate which has efficient interlocking or other devices to secure so that
such gate cannot be opened except when such cage is at a landing place and
that such cage cannot be moved away from any such place until such gate is
closed.
(b) every gate in the hoistway enclosure of such hoist used for carrying persons is
fitted with efficient inter-locking or other devices to secure so that gate cannot be
opened except when the cage of such gate is at the landing place, and that such
cage cannot be moved away from the landing place until such gate is closed;
(c) in every hoist used for carrying building workers there are provided suitable and
efficient automatic devices to ensure that the cage of such hoist comes to test at
a point above the lowest point to which such cage may travel.
109. Attachment of loads
The employer shall ensure at a construction site of a building or other construction
works that:
(a) when a sling is used to hoist long materials, a lifting beam is used to space the sling
legs for proper balance and when a load is suspended at two or more points with
slings, the eyes of the lifting legs of such slings are shackled together and such
shackle or eyes of the shackled slings are placed on the hook or the eyes of such
lifting legs are shackled directly to the hoisting block, ball or balance beam, as the
case may be;
(b) every container or receptacle used for raising or lowering stone, bricks, tiles, slates
or other similar objects is so enclosed with the hoist as to prevent the fall of such
objects;
(c) a loaded wheel barrow placed directly on a platform of a hoist for raising or
lowering of such wheel barrows is so secured that such wheel barrows cannot
move and such platform is enclosed to prevent the fall of the contents kept in such
wheel barrows;
(d) landings of a hoist are so designed and arranged that building workers on such
hoist are not required to lean out into empty space for loading and unloading of
any material from such hoist.
110. Tower Cranes
The employer shall ensure at a construction site of a building or other construction work
that;
(a) no person other than the operator trained and capable to work at heights are
employed to operate tower cranes;
(b) the ground on which a tower crane stands has adequate bearing capacity;
(c) bases for tower cranes and trucks for rail-mounted tower cranes are firm and
levelled and such cranes are erected at a reasonably safe distance from
excavations and are operated within gradient limits as specified by the
manufacturer of such cranes;
(d) tower cranes are sited where mere is a clear space available for erection,
operation and dismantling of such cranes;
(e) tower cranes are sited in such a way that the loads on such cranes are not handled
over any occupied premises, public thoroughfares, railways or near power cables,
other than construction works for which such cranes are used;
(f) where two or more tower cranes are sited and operated, every care is taken to
ensure positive and proper communication between operators of such cranes to
avoid any danger or dangerous occurrences;
(g) tower cranes are used for loading magnet or demolition ball service, piling
operation or other similar operations which could impose excessive load stresses
on the crane structure of such cranes;
(h) the instructions of the manufacturer of a tower crane and standard safe practices
regarding such crane are followed while operating or using such crane.
111. Qualification of operator of lifting winches and of signaller etc.
The employer shall ensure at a construction site of a building or other construction work
that no person is employed to drive or operate a lifting appliance whether driven by
mechanical power or otherwise or to give signals to driver or operator of such lifting
appliance or to work as a operator of a rigger or derricks unless he,
(i) is above eighteen years of age;
(ii) is sufficiently competent and reliable;
(iii) possesses the knowledge of the inherent risks involved in the operation of lifting
appliances; and
(iv) is medically examined periodically as specified in Schedule VII annexed to these
rules.
CHAPTER XII
RUNWAYS AND RAMPS
112. Use of runways and ramps by building worker
The employer shall ensure at a construction site of a building or other construction work
that;
(a) runway or ramp provided for use by building workers is not less than four hundred
and thirty millimetres in width and is constructed of not less than twenty-five
millimetres thick planking or any other material of adequate strength to withstand
the required load supported substantially in relation to the span and braced of
such runway of ramp and design and construction of such runway or ramp is in
accordance with the relevant national standards;
(b) every runway or ramp provided for use of building workers located more than
three metres above the floor or ground is on open sides provided with a guardrail
of adequate strength and height of not less than one thousand millimetres.
113. Use by vehicles
The employer shall ensure at a construction site of a building or other construction work
that:
(a) all runways and ramps are of sound construction, strength and are securely braced
and supported;
(b) every runway or ramp for the use of transport equipment like trailers, tracks or
heavier vehicles has a width of not less than three points seven metres and is
provided with timber curbs or any other material of adequate strength with not
less than two hundred millimetres by two hundred millimetres in width placed
parallel to, and secured to, the sides of such runway or ramp and such runways or
ramps are designed in accordance with the relevant national standards.
114. Slope of Ramps
The employer shall ensure at a construction site of a building or other construction work
that every ramp has a slope not exceeding one in four and the total rise of a continuous
ramp used by building workers carrying material or using wheel-barrows does not
exceed three points seven metres, unless broken by horizontal landing of all least one
point two metres in length or as provided in accordance with the relevant national
standards.
115. Use by wheel barrows etc.
The employer shall ensure at a construction site of a building or other construction work
that;
(a) every runway or ramp used for wheel-barrows, hand carts or hand trucks is not
less than one metre in width and is constructed of not less than fifty millimetres
thick planking and is supported and braced suitably for such use;
(b) every runway or ramp located more than three metres above the floor or ground
is provided on the open sides with suitable guardrails of adequate strength.
CHAPTER XIII
WORK ON OR ADJACENT TO WATER
116. Transport by water
(1) The employer shall ensure at a construction site of a building or other construction
work that,
(a) when any building worker has to proceed to or from any working place by
water for purposes of carrying on a building or other construction work,
proper measures are taken to provide for his safe transportation and vessels
used for such purpose are used in charge of a responsible person, and are
properly equipped for safe navigation and are maintained in good condition;
(b) maximum number of persons which can be safely carried in a vessel as
certified under the relevant law in force is marked plainly and conspicuously
on such vessel and such number is not exceeded during use of such vessel
for carrying persons.
(2) The vessel referred to in clause (a) of sub-rule (1) shall conform to the following,
namely:
(i) that adequate protection is provided to the building workers in such vessel
from inclement weather;
(ii) that such vessel is manned by adequate and experienced crew, as per the
relevant law for the time being in force;
(iii) that in case the bulwarks of such vessel are lower than sixty centimetres
from the level of the deck of such vessel, the open edge of such bulwarks
are fitted with suitable fencing to a height of at least one metre above such
deck and the post and stanchions and similar parts used in such fencing are
not spaced more than two metres apart;
(iv) that the number of life buoys on deck of such vessel is at least equal to the
number of crew numbers of such vessel and is not less than two;
(v) that all life buoys on deck of such vessel are kept in good state of
maintenance and are so placed that if such vessel sinks then they remain to
float and one of such buoys is within the immediate reach of the Steerman
of such vessel and another is situated after part of such vessel; and
(vi) that the position of the Steerman of the vessel is such that he has a
reasonably free view of all sides.
117. Prevention from drowning
The employer shall ensure at a construction site of building or other construction work
that where, on or adjacent to the work place of any construction site to which these
rules apply, there is water into which a building worker employed for work on such site
is, in the course of his employment, may fall and has the risk of drowning, suitable rescue
equipment is provided and kept in an efficient state for ready use and measures are
taken to arrange for the prompt rescue of such building worker from the danger of
drowning and where here is a special risk of such fall from the edge of adjacent land or
from a structure adjacent to or above the water or from floating stage on such water,
secure fencing is provided near the edge of such land, structure or floating stage, as the
case may be, to prevent such fall, and such fencing may be removed or allowed to
remain un-erected for the time and to the extent necessary for the access of building
workers to such work or the movement of material of such work.
CHAPTER XIV
TRANSPORT AND EARTH MOVING EQUIPMENT
118. Earth moving equipment and vehicles
The employer shall ensure at a construction site of building or other construction work
that,
(a) all vehicles and earth moving equipment are made of good material, proper design
and sound construction and are sufficiently strong for the purpose for which such
equipment are used and are maintained in good state of repair and are properly
used in accordance with standard safe operating practices:
Provided that, the truck or trailer employed for transporting freight containers are
of the size sufficient to carry the containers, without overhanging and are provided
with twist locks conforming to national standards, at all the four corners of each
of such truck or trailers and such truck or trailers are certified for such use by an
authority under the relevant law for the time being in force and is inspected by a
responsible person, at least once in a month and record of such inspection is
maintained;
(b) all transport or earth moving equipment and vehicles are inspected atleast once a
week by a responsible person and in case any defect is noticed in such equipment
or vehicle, it is immediately taken out of use:
(c) power tracks and tractors are equipped with effective brakes, head lights and tail
lamps and are maintained in good repair and working order;
(d) side stanchions on power trucks and trailers for carrying heavy and long objects
are,
(i) of sound construction and free from defects;
(ii) provided with tie chains attached to the top across the loads for preventing
such stanchions from spreading out; and
(iii) kept in position while loading and unloading;
(e) safe gangways are provided for to and fro movement of building workers engaged
in loading and unloading of lorries, trucks, trailers and wagons;
(f) trucks and other equipment are not loaded beyond their safe carrying capacity
which shall be clearly marked on such trucks and other equipment;
(g) handles of hand trucks are so designed as to protect the hands of the building
workers working on such trucks, or such handles are provided with knuckle guards;
(h) no unauthorised person rides the transport equipment employed in such work;
(i) a driver of transport equipment manoeuvres such equipment under the direction
of a signaller;
(j) adequate precaution such as isolating the electric supply or erecting overhead
barriers of a safe height is taken when earth moving equipment or vehicles are
required to operate in dangerous proximity to any live electric conductor;
(k) vehicles and earth moving equipments are not left on a slope with the engine of
such vehicles or equipment running;
(l) all earth moving equipments, vehicles or other transport equipment are operated
only by such person who are adequately trained and possessed such skill as are
required for safe operation of such equipment, vehicle or other transport
equipment.
119. Power shovels and excavators
The employer shall ensure at a construction site of a building or other construction work
that,
(a) a shovel or an excavator whether operated, by steam or electric or by internal
combustion, used for such work is constructed, installed, operated, tested and
examined as required under any law for the time being in force and the relevant
national standards;
(b) excavator equipped for use as a mobile crane is;
(i) examined and tested in accordance with the requirements for such mobile
crane under these rules; and
(ii) fitted with an automatic safe working load indicator;
(c) buckets or grabs of power shovels are propped to restrict the movement of such
buckets or grabs while being repaired or while the teeth of such buckets or grabs
are being changed.
120. Bulldozers
The employer shall ensure at a construction site of a building or other construction work
that;
(a) an operator of a bulldozer before leaving such bulldozer,
(i) applies the brakes;
(ii) lowers the blade and sipper; and
(iii) puts the shift lever into neutral;
(b) a bulldozer is left on level ground at the close of the work for which such bulldozer
is used;
(c) the blade of a bulldozer is kept low when such bulldozer is moving uphill;
(d) the bulldozer blades are not used as brakes except in an emergency.
121. Scrapers
The employer shall ensure at a construction site of a building or other construction work
that,
(a) a tractor and scraper is joined by safety line at the time of its operation;
(b) the scraper bowls are propped while blades of such scraper are being replaced;
(c) a scraper moving downhill is left in gear.
122. Mobile asphalt layers and finishers
The employer shall ensure on a construction site of a building or other construction work
that,
(a) a mixture elevator is within a wooden or sheet metal enclosure with a window for
observation, lubrication and maintenance;
(b) bitumen scoops have adequate covers;
(c) when asphalt plants are working on a public road, adequate traffic control is
established on such road and the building workers working with such plant are
provided with reflecting jackets;
(d) a sufficient number of fire extinguishers are kept in readiness on such work place
where fire hazards may exist;
(e) the materials are loaded on the elevator after the drying drain has warmed up of
such elevator;
(f) no open light is used for ascertaining the level of asphalt;
(g) inspection opening is not opened till there is a pressure in the boiler which may
cause injury to a building worker.
123. Pavers
The employer shall ensure at a construction site of a building or other construction work
that pavers are equipped with guards suitable to prevent building workers from walking
under the skip of such pavers.
124. Road rollers
The employer shall ensure at a construction site of a building or other construction work
that,
(a) before a road roller is used on the ground, such ground is examined for its bearing
capacity and general safety, especially at the edges of slopes such as
embankments on such grounds;
(b) a roller is not moved downhill with the engine out of gear.
125. General safety
The employer shall ensure at a construction site of a building or other construction work
that,
(a) every vehicle or earth moving equipment is equipped with;
(i) silencers;
(ii) tail lights;
(iii) power and hand brakes;
(iv) reversing alarm; and
(v) search light for forward and backward movement, which are required for
safe operation of such vehicle or earth moving equipment;
(b) the cab of vehicle or earth moving equipment is kept at least one metre from the
adjacent face of a ground being excavated;
(c) when a crane or shovel are travelling, the boom of such crane or shovel is in the
direction of such travel and the bucket or scoop attached to such crane or shovel
is raised and without load, except with such travelling is downhill.
CHAPTER XV
CONCRETE WORK
126. General provisions regarding use of concrete
The employer shall ensure at a construction site of a building or other construction work
that;
(a) all construction with the use of concrete or reinforced concrete are based on
plants as,
(i) include specifications of steel and concrete and other material to be used in
such construction;
(ii) give technical details regarding methods for safe placing and handling of
such materials as specified in sub-clause (i);
(iii) indicate the type, quality and arrangement of each part of a structure of such
construction; and
(b) formwork and shores used for concrete work are structurally safe and are properly
braced or tied together so as to maintain position and shape of such formwork or
shores;
(c) formwork structure used for concrete work has sufficient catwalks and other
secure access for inspection of such structure if such structure is in two or more
tiers.
127. Preparation and pouring of concrete and erection of concrete structures
The employer shall ensure at a construction site of a building or other construction work
that,
(a) a building worker handling cement or concrete,
(i) wears close-fitting clothing, gloves, helmet or hard hat, safety goggles,
proper footwear and respirator or mask to protect him from danger in such
handling;
(ii) keep as much of his body covered as is required to protect him from danger
in such handling;
(iii) takes all necessary precautions to keep cement and concrete away from his
skin in such handling;
(b) lime pits are fenced or enclosed;
(c) lime pits are filled and emptied by such devices which do not require workers to
go into the pit;
(d) moving parts of the elevators, hoists, screens, bunkers, chutes, granting
equipment used for concrete work and of other equipment used for storing,
transport and other handling ingredients of concrete are securely fenced to avoid
contact of building workers with such moving parts;
(e) screw conveyors used for cement, lime and other dusty materials are completely
enclosed.
128. Buckets
The employer shall ensure at a construction site of a building or other construction work
that,
(a) concrete buckets used with cranes or aerial cableways are free from projections
from which accumulations of concrete could fall;
(b) movements of concrete buckets are governed by signals necessary to avoid any
danger by such movements.
129. Pipes and Pumps
The employer shall ensure at a construction site of a building or other construction work
that,
(a) a scaffolding carrying a pipe for pumped concrete is strong enough to support such
pipe at time when such pipe is filled with concrete or water or any other liquid and
to bear all the building workers who may be on such scaffold at such time, safely;
(b) every pipe for carrying pumped concrete is,
(i) securely anchored at its end point and at each curve on it;
(ii) provided near the top of such pipe with an air release valve; and
(iii) securely attached to a pump nozzle by a bolted collar or other adequate
means;
(c) the operation of concrete pumps are governed by standard signals relevant in
accordance with the relevant national standards;
(d) building workers employed around a concrete pump wear safety goggles.
130. Mixing and pouring of concrete
The employer shall ensure at a construction site of a building or other construction work
that,
(a) the concrete mixture does not contain any material which may unduly affect the
setting of such concrete, weaken such concrete or corrode steel used with such
concrete;
(b) when dry ingredients of concrete are being mixed in confined spaces such as silos,
(i) the dust shall be exhausted at the time of such mixing; and
(ii) in case the dust cannot be exhausted, as specified in sub-clause (i), the
building workers shall wear respirators at the time of such mixing;
(c) when concrete is being tipped from buckets, building workers are kept out of the
range of any kickbacks of such buckets;
(d) loads are not dumped or placed on settling concrete.
131. Concrete panels and slabs
The employer shall ensure at a construction site of a building or other construction work
that,
(a) all parts of a concrete panel or concrete slab are hoisted uniformly;
(b) concrete panels are adequately braced in their final positions and such bracings
shall remain in such position until such panels are adequately supported by other
parts of the construction for which such panels are used;
(c) temporary bracing of concrete panels are securely fastened to prevent any part of
such panels from falling when such panels are being moved.
132. Stressed and tensioned elements
The employer shall ensure at a construction site of a building or construction work that,
(a) building workers do not stand directly over-jacking equipment while stressing of
concrete girders and beams in being done;
(b) a pre-stressed concrete unit is not handled except at points on such unit and by
the devices specified for such work by the manufacturer of such devices;
(c) during transport, pre-stressed concrete girders or concrete beams are kept
upright by bracing or other effective means;
(d) anchor fittings for pre-tensioned strands of pre-stressed concrete girders or
concrete beams are kept in a safe condition in accordance with the instructions of
manufacturer of such anchor fittings;
(e) building workers do not stand behind jacks or in line with tensioning elements and
jacking equipment during tensioning operations of pres-tressed concrete girders
or concrete beams;
(f) building workers do not cut wires of pre-stressed concrete girders or concrete
beams under tension before such concrete used for such girders or beams is
sufficiently hardened.
133. Vibrators
The employer shall ensure at a construction site of a building or other construction work
that,
(a) a building worker, who is in good physical condition, operates vibrators used in
concreting work;
(b) all practical measures are taken to reduce the amount of vibration transmitted to
the operators working in concreting work;
(c) when electric vibrators are used in concreting work,
(i) such vibrators shall be earthed;
(ii) the leads of such vibrators shall be heavily insulated; and
(iii) the current shall be switched off when such vibrators are not in use.
134. Inspection and supervision
The employer shall ensure at a construction site of a building or other construction work
that,
(a) a person responsible for a concreting work supervises the erection of the
formwork, shores, graces and other supports used for such concreting work;
(b) a person responsible for concreting work makes a thorough inspection of every
formwork after erection of such formwork in such concreting work to ensure that
such formwork is safe;
(c) a person responsible for a concreting work regularly inspects the formwork,
shores, braces, reshores and other supports during the placing of concrete;
(d) any unsafe condition which is discovered during the inspections mentioned under
clauses (b) and (c) is remedied immediately;
(e) a person responsible for a concreting work keeps all records of inspection referred
to in clause (a) and clause (b) at the workers place relating to such inspection and
produced them for inspection upon the demand of an Inspector having
jurisdiction.
135. Beams floors and roofs
The employer shall ensure at a construction site of a building or other construction work
that,
(a) horizontal and diagonal bracings are provided in both longitudinal and transverse
directions as may be necessary to provide structural stability to formwork used in
concreting work and shores used in such concreting work are properly seated top
and bottom and are secured in their places;
(b) where shores used in concreting work rest upon the ground, base plates are
provided for keeping such shores firm and in level;
(c) where the floor to ceiling height of a concreting work exceeds nine metres or
where the formwork deck used in such concreting work is supported by shores
constructed in two or more tiers, or where the dead, live and impact loads on the
formwork used in such concreting work exceed seven hundred kilogram per
square metre, the structure of such formwork is designed by a professional
engineer in the relevant field and the specifications and drawings of such
formwork are kept at such construction site and produced on demand before the
Inspector having jurisdiction;
(d) where the structure of the formwork used in concreting work is designed by a
professional engineer, such engineer shall be responsible for the supervision of
construction and stability of such structure.
136. Stripping
The employer shall ensure at a construction site of a building or other construction work
that,
(a) stripping of formwork used in concreting work commences until the concrete on
such formwork is folly set, examined and certified to this effect by the responsible
person and record of such examination and certification is maintained;
(b) stripped forms in concreting work are removed or stock-piled promptly after
stripping from all areas in which building workers are required to work or pass;
(c) protruding nails, wire ties and other formwork accessories not required for
subsequent concreting work are pulled, cut or otherwise made safe.
137. Restoring
The employer shall ensure at a construction site of a building or other construction work
that,
(a) reshoring used in concreting work is provided to a slab or beam for its safe support
after its stripping or where such slab or beam is subjected to superimposed loads
due to construction above such slab or beam;
(b) the provisions applicable to shoring in a concreting work under this Chapter shall
also be applicable to reshoring in such work.
CHAPTER XVI
DEMOLITION
138. Preparation
The employer shall ensure at a construction site of a building or other construction work
that all glass or similar material or article in exterior openings are removed before
commencing any demolition work and all water, steam, electric, gas and other similar
supply lines are put-off and suitably capped and the concerned department of the State
Government or local authority is informed and permission obtained wherever required
before commencing such demolition work and wherever it is necessary to maintain
water, gas or electric line or power during such demolition, such line shall be so located
or protected with substantial coverings so as to protect it from damage and to afford
safety to the building workers and the general public.
139. Protection of adjacent structures
The employer responsible for a demolition work at a construction site of a building or
other construction work shall, during demolition process of such demolition work,
examine the walls of all structures adjacent to the structure to be demolished to
determine the thickness, method of support to such adjacent structures and in case,
such employer has reason to believe that any of such adjacent structure is unsafe or may
become unsafe during such demolition process, he shall not perform demolition activity
affecting such unsafe adjacent structure unless and until remedial measures like sheet
piling, shoring, bracing, or similar other means so as to ensure safety and stability to
such unsafe adjacent structure from collapsing are taken.
154. Illumination
(1) The employer shall ensure at a construction site of a building or other construction
work that all work places where excavation or tunnelling works are carried out
shall be adequately illuminated in accordance with the relevant national
standards.
(2) Every employer carrying out excavation or tunnelling works at a construction site
of a building or other construction work shall provide for emergency generators
on such construction site to ensure adequate illumination at all work places where
such excavation or tunnelling work is being carried out, in case of power failure.
155. Stability of structure
The employer shall ensure at a construction site of a building or other construction work
that,
(a) where there is any doubt as to the stability of any structure adjoining the work
place or other areas to be excavated or where tunnelling work is to be carried out,
the project engineer referred to in Rule 150 arranges for measures like
underpinning sheet piling, shoring, bracing or other similar means to support such
structure and to prevent injury to any building worker working adjacent to such
structure or damage to property or equipment adjacent to such structure;
(b) where any building worker engaged in excavation is exposed to hazard of falling
or sliding material or article from any bank or side of such excavation which is
more than one and a half metre above his footing, such worker is protected by
adequate piling and bracing against such bank or side;
(c) the excavation and its vicinity are checked by a responsible person referred in Rule
151 after every rain, storm or other occurrences carrying hazards and in case a
hazard is noticed all such checking, adequate protection against slides and cave-in
to prevent such hazard is provided;
(d) temporary sheet piling installed for the construction of a retaining wall after
excavation is not removed except on the advice of the responsible person referred
to in Rule 151 after an inspection carried out by such responsible person;
(e) where banks of an excavation are undercut, adequate shoring is provided to
support the material or article over-hanging such bank;
(f) excavated material is not stored at least zero point six five metres from the edge
of an open excavation or trench and the banks of such excavation or trench are
stripped of loose rocks and other materials which may slide, roll or fall upon a
building worker working below such bank;
(g) adequate and suitable warning signs are put-up at conspicuous places at the
excavation work to avoid any person falling into the excavations or trenches;
(h) the responsible person referred to in Rule 151, ensures at the excavation work
that no building worker is permitted to work where such building worker may be
struck or endangered by the excavation machinery or material or article used in
such excavation.
Proposed safe working load (in tonnes) Test load (in tonnes)
(1) (2)
(a) Wire Rope forming part of Sling: Safe 5
working load of the sling; safe working 5
load upto and equal to 10 tonnes
Safe working load above 10 tonnes and 10/ (8.85 x safe working load)
upto and equal to 160 tonnes +1910
Safe working load above 160 tonnes 3
(b) Wire rope as integral part of a lifting 10/ (8.85 x safe working load)
appliance safe working load of the lifting +1910
appliance: Safety working load upto and
equal to 160 tonnes
Safe working load above 160 tonnes 3
(i) Before any test is carried out, a visual inspection of the lifting appliance, or
lifting gear involved shall be conducted and any visible defective gear shall
be replaced or renewed.
(j) After being tested, all the lifting gears shall be examined to see whether any
parts have been injured or permanently deformed by the test.
PROCEDURE FOR TESTING
(3) Derricks
(a) A Derrick shall be tested with its boom at the minimum angle to the
horizontal for which the derrick is designed (generally 15 degrees) or at such
greater angle as may be agreed. The angle at which the test has been carried
out shall be mentioned in the test certificate. The test load shall be applied
by hoisting movable weights. During the test, the boom shall be swung with
the test load, as far as practicable, in both directions.
(b) A derrick boom, designed to be raised with power, with the load suspended,
shall, in addition to the test at (a), be raised (with the load suspended) to its
maximum working angle to the horizontal and the two outermost positions.
(c) While test loading of a heavy lift derrick the competent person responsible
for tests using movable weights shall ascertain from the owner of the vessel
or floating platform that the stability of the vessel or platform is adequate
for the test.
(4) The derricks tested under clause (3) shall not be used in union purchase rigs unless:
(a) the derricks rigged in union purchase are tested with the test load
appropriate to the safe working load in union purchase (at the designed
headroom and with the derrick booms their approved working positions):
(b) the safe working load of that derrick in union purchase rig has also been
specified by a competent person in a report in Form V:
(c) any limitations or conditions specified in the said report are complied with;
and
(d) the two hoist ropes are coupled together by a suitable swivel assembly.
Note: The safe working loads of derricks (for each method of rig including
union purchase) shall be shown or the Certificate of test and marked on the
derrick booms.
(5) Lifting appliances
(a) The test loads shall be lifted and swung as far as possible, in both directions.
If the jib or boom of the crane has a variable radius, it shall be tested with
test loads at the maximum and minimum radii. In case of hydraulic cranes
when owing to the limitation of pressure, it is impossible to lift a test load in
accordance with table under item (1), it will be sufficient to lift the greatest
possible load which shall be more than safe working load.
(b) The test shall be performed at maximum, minimum and intermediate radius
points as well as such points in the arc of rotation, as the competent person
may decide. The test shall consist of hoisting, lowering, breaking and
swinging and swinging through all positions and operations normally
performed. An additional test shall be made by operating the machinery at
maximum working speed with the safe working load suspended.
(6) Use of spring or hydraulic balances, etc. for test loading: All tests shall normally
be carried on with the help of dead weights. In case of periodical test.
replacements or renewals, test load may be applied by means of suitable springs
or hydraulic balances. In such case. test load shall be applied with the boom, as far
out as practicable, in both directions. The test shall not be taken as satisfactory
unless the balance has been certified for accuracy by the competent authority
within 2.0 percent and the pointer of the machine has remained constant at the
test load for a period of at least five minutes.
(7) Testing machines and dead weights
(a) A suitable testing machine shall be used for testing of chains, wire ropes and
other lifting gears;
(b) Testing machined and balances to be used in test loading, testing and
checking shall not be used unless they have been certified for accuracy at
least once in the preceding twelve months by the competent authority; and
(c) Movable weights used for the test loading of the lifting appliances having a
safe working load not exceeding twenty tonnes shall be checked for accuracy
by means of suitable weighing machine of certified accuracy.
(8) Through examination after testing or test loading: After being test loaded, every
lifting appliance and associated gear shall be thoroughly examined to see that no
part has been damaged or permanently deformed during the test. For this
purpose, the lifting appliance or gear shall be dismantled to the extent considered
necessary by the competent person.
SCHEDULE II
NOTIFIABLE OCCUPATIONAL DISEASES IN BUILDING AND OTHER CONSTRUCTION WORK
[SEE RULE 260(a)]
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 asthama.
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.
SCHEDULE III
CONTENTS OF A FIRST AID BOX
[See Rule 261 (b)]
(i) A sufficient number of eye wash bottles filled with distilled water or suitable liquid
clearly indicated by a distinctive sign which shall be visible always.
(ii) 4 per cent xylocaine eye drops, and boric acid eye drops and soda bicarbonate eye
drops.
(iii) Twenty-four small sterilised dressings.
(iv) Twelve medium sized sterilised dressings.
(v) Twelve large sized sterilised dressings.
(vi) Twelve large sized sterilised cum dressings.
(vii) Twelve (fifteen cm) packets of sterilised cotton wool.
(viii) (Two hundred ml.) bottle of certimide solution (1 per cent) or suitable, antiseptic
solution.
(ix) One (two hundred ml.) bottle of mercurochrome (2 per cent) solution in water.
(x) One (one hundred twenty ml.) bottle of salvolatile having the doses and mode of
administration indicated on the label.
(xi) One pair of scissors.
(xii) One roll of adhesive plaster (six cm x one metre).
(xiii) Two rolls of adhesive plaster (two cms x one metre).
(xiv) Twelve pieces of sterilised eye pads in separate sealed packets.
(xv) A bottle containing hundred tablets (each of three hundred twenty-five mg.) of
aspirin or any other analgesic.
(xvi) Twelve roller bandages ten cms. wide.
(xvii) Twelve roller bandages five cms wide.
(xviii) One tourniquet.
(xix) A supply of suitable splints.
(xx) Three packets of safety pins.
(xxi) Kidney tray.
(xxii) A snake bite lancet.
(xxiii) One (thirty ml.) bottle containing potassium permanganate crystals.
(xxiv) One copy of first-aid leaflet issued by the Directorate General.
(xxv) Six triangular bandages.
(xxvi) Two pairs of suitable, sterilised, latex hand gloves.
SCHEDULE IV
ARTICLES FOR AMBULANCE ROOM
[See Rule 256(c)]
Articles for ambulance room
(i) A glazed sink with hot and cold water always available.
(ii) A table with a smooth top at least 180 cm x 105 cm.
(iii) Means for sterilising instruments.
(iv) A couch.
(v) Two stretchers.
(vi) Two buckets or containers with close fitting lids.
(vii) Two rubber hot water bags.
(viii) A kettle and spirit stove or other suitable means of boiling water.
(ix) Twelve plain wooden splints 900 cm x 100 cm x 6 cm.
(x) Twelve plain wooden splints 350 cm x 75 cm x 6 cm.
(xi) Six plain wooden splints 250 cm x 50 cm x 12 cm.
(xii) Six woollen blankets.
(xiii) Three pairs of artery forceps.
(xiv) One bottle of spirits annemia aremations (120 mI.).
(xv) Smelling salt (60 gm.).
(xvi) Two medium size sponges.
(xvii) Six hand towels.
(xviii) Four kidney trays.
(xix) Four cakes of toilet, preferably antiseptic soap.
(xx) Two glass tumblers and two wine glasses.
(xxi) Two clinical thermometers.
(xxii) Two tea spoons.
(xxiii) Two graduated (120 ml.) measuring glasses.
(xxiv) Two minimum measuring glasses.
(xxv) One wash bottle (1000 cc) for washing eyes.
(xxvi) One bottle (one litre) carbolic lotion 1 in 20.
(xxvii) Three chairs.
(xxviii) One screen.
(xxix) One electric hand torch.
(xxx) Four first-aid boxes or cupboards stocked to the standards prescribed in Schedule
VII.
(xxxi) An adequate supply of tetanus toxide.
(xxxii) Injections - morphia, pethidine, atrophine, adrenaline, coramme, novocaine (6
each).
(xxxiii) Crarnine liquid (60 ml.).
(xxxiv) Tablets - antihistaminic antispasmodic (25 each).
(xxxv) Syringes with needles - 2cc, 5cc, 10cc and 500cc.
(xxxvi) Three surgical scissors.
(xxxvii) Two needle holders, big and small.
(xxxviii) Suturing needles and materials.
(xxxix) Three dissecting forceps.
(xl) Three dressing forceps.
(xli) Three scalpels.
(xlii) One stethoscope and a BP apparatus.
(xliii) Rubber bandage - pressure bandage.
(xliv) Oxygen cylinder with necessary attachments.
(xlv) Atropine eye ointments.
(xlvi) I.V. Fluids and sets 10 nos.
(xlvii) Suitable, foot operated, covered, refuse containers.
(xlviii) Adequate number of sterilised, paired, latex hand gloves.
SCHEDULE V
CONTENTS OF AMBULANCE VAN OR CARRIAGE
[See Rule 257]
The Ambulance Van shall have equipments prescribed as under,
(a) General: A portable stretcher with folding and adjusting devices with the Head
of the stretcher capable of being tilted upward. Fixed suction unit with equipment.
Fixed oxygen supply with equipment. Pillow with case, sheets, blankets, towels,
emergency bag, bed pan, urinal glass.
(b) Safety Equipment: Flaros with life of three thousand minutes, floor lights, flash
lights, fire extinguishers (dry power type), insulated guntlets.
(c) Emergency Care Equipment,
(I) Resuscitation: Portable suction unit, portable oxygen unit, bag valve mask,
hand operated artificial ventilation unit, airways, mouthgag tracheostomy
adapters, short spine board, l.V. fluids with administration unit, B.P
manometer cuff stethoscope.
(II) Immobilisation: Long and short padded boards, wire ladder splints,
triangular bandage - long and short spine boards.
(III) Dressing: Gauze pads - 100m x 100 mm universal dressing 250 x 1000
mm, roll of alluminium foils - soft roller bandages 150mm x 5mm yards
adhesive tape in 75mm roll safety pins, bandage sheets, bum sheets.
(IV) Poisoning: Syrup of Ipecac, activated charcoal prepacked dose, snake bite
kit, drinking water.
(V) Emergency medicines: As per requirement (under the advice of Construction
Medical Officer).
SCHEDULE VI
PERMISSIBLE EXPOSURE IN CASES OF CONTINUOUS NOISE
[See Rule 64]
(1) (2)
8 90
6 92
4 95
3 97
2 100
1½ 102
1 105
¾ 107
½ 110
¼ 115
Notes:
1. No exposure In excess of 115 dba is to be permitted.
2. For any period of exposure falling in between any figure and the next higher or
lower figure as indicated in column (1), the permissible sound pressure level is to
be determined by extrapolation on a proportionate basis.
SCHEDULE VII
PERIODICITY OF MEDICAL EXAMINATION OF BUILDING WORKERS
[See Rules 111(iv) and 253(a)(iii)]
1. The employer shall arrange a medical examination of all the building workers
employed as drivers, operators of lifting appliances and transport equipment
before employing, after illness or injury, if it appears that the illness or injury
might have affected his fitness and, thereafter, once in every two years up to
the age of forty and once in a year, thereafter.
2. Complete and confidential records of medical examination shall be maintained by
the employer or the physician authorised by the employer.
3. The medical examination shall include,
(a) full medical and occupational history;
(b) clinical examination with particular reference to:
(i) General Physique.
(ii) Vision: Total visual performance using standard orthorator like Titmus
vision tester should be estimated and suitability for placement
ascertained in accordance with the prescribed job standards.
(iii) Hearing: Persons with normal hearing must be able to hear a forced
whisper at twenty-four feet. Person using hearing aids must be able
to hear a warning shout under noisy working conditions.
(iv) Breathing: Peak flow rate using standard peak flow meter and the
average peak flow rate determined out of these readings of the test
performed. The results recorded at pre-placement medical
examination could be used as a standard for the same individual at
the same altitude for reference during subsequent examination.
(v) Upper limbs: Adequate arm function and grip (both arms).
(vi) Lower limbs: Adequate leg and foot function.
(vii) Spine: Adequately flexible for the job concerned.
(viii) General: Mental alertness and stability with good eye, hand and foot
coordination.
(c) Any other tests which the examining doctor considers necessary.
SCHEDULE VIII
NUMBER OF SAFETY OFFICERS QUALIFICATION DUTIES, ETC.
[See Rules 239(1) and 239(2)]
Appointment of Safety Officers
Number of Safety Officers: Within six months of coming into operation of these rules,
every establishment employing more than five hundred building workers and every
other employer of building worker shall appoint safety officers, as laid down in the scale
given below:
1. Up to 1000 building workers - one safety officer.
2. Up to 2000 building workers - two safety officers.
3. Up to 5000 building workers - three safety officers.
4. Up to 10,000 building workers - four safety officers.
For every additional 5000 building workers or part thereof - one safety officer.
Any appointment, when made shall be notified to the Inspector having jurisdiction
in the area, giving full details of the qualifications, terms and conditions of service
of such safety officer.
Qualification
(a) A person shall not be eligible for appointment as a safety officer unless he:
(i) possesses a recognised degree in any branch of engineering or
technology or architecture and had a practical experience of working
in a building or other construction work in a supervisory capacity
for a period of not less than two years or possesses a recognised
diploma in any branch of engineering or technology and has had
practical experience of building or other construction work in a
supervisory capacity for a period of not less than five, years;
(ii) possesses a recognised degree or diploma in industrial safety with at
least one paper in construction safety (as an elective subject);
(iii) has adequate knowledge of the language spoken by majority of
building workers from the construction site in which he is to be
appointed.
(b) Notwithstanding the provision contained in clause (a), any person who,
(i) Possesses a recognised degree or diploma in engineering or
technology or architecture and has had experience of not less than five
years in the field, dealing with the Administration of Factories Act,
1948 or the Dock Workers (Safety, Health and Welfare) Act, 1986 or
the Building and Other Construction Workers (Regulation of
Employment and Conditions of Service) Act, 1996.
(ii) Possesses a recognised degree or diploma in engineering or
technology and has had experience of not less than five years has
undergone training in education, consultancy or research or in the
field or accident prevention in industry, port, or in any institution or an
establishment dealing with building or other construction work, shall
also be eligible for appointment as a safety officer:
Provided that, in case of person who has been working as safety officer
in industry or port, institution or an establishment dealing with
building or other construction work for a period of not less than three
years on the date of commencement of these rules, the Director
General may, subject to such conditions that he may specify, relax all
or any of the above said qualification.
Condition of service
(a) Where number of safety officers appointed exceeds one, one of them shall
be designated as Chief Safety, Officer and shall have the status higher than
the others. The Chief Safety Officer shall be in overall charge of the safety
functions as envisaged in sub-clause (iv) and also other safety, officers
working under his control.
(b) The Chief Safety Officer or Safety Officer, where only one safety officer is
appointed, shall be given the status of a Senior Executive and he shall work
directly under the control of his Chief Executive. All other safety officers shall
be given appropriate status to enable them to dispatch their functions
effectively.
(c) The scale of pay and allowances to be granted to the, safety officers
including the Chief Safety Officer and the other conditions of their service
shall be the same as those of the officers of corresponding status of the
establishment in which they are employed.
Duties of Safety Officer
(a) The duties of a safety officer shall be to advise and assist the employer in
the fulfilment of his obligations, statutory or otherwise concerning
prevention of personal injuries and maintaining a safe working
environment. These duties shall include the following, namely:
(i) advise the building workers in planning and organising measures
necessary for effective control of personal injuries;
(ii) to advise on safety aspects in a building or other construction work
and to carry out detailed safety studies of selected activities;
(iii) to check and evaluate the effectiveness of action taken or proposed to
be taken to prevent personal injuries;
(iv) to advise purchasing and ensuring quality of personal protective
equipment confirming to national standards;
(v) to carry out safety inspections of building or other construction work
to observe the physical conditions of work and the work practices and
procedures followed by building workers and to render advice on
measures to be adopted for removing unsafe physical conditions and
preventing unsafe actions by building workers;
(vi) to investigate all fatal and other selected accidents;
(vii) to investigate the cases of occupational diseases contracted and
reportable dangerous occurrences;
(viii) to advise on the maintenance of such records as are necessary with
regard to accidents, dangerous occurrences and occupational
diseases;
(ix) to promote the working of safety committees and to act as an advisor
to such committees;
(x) to organise, in association with concerned departments, campaigns,
competitions, contests and other activities which will develop and
maintain the interest of building workers in establishing and
maintaining safe conditions of work and procedures;
(xi) to design and conduct, either independently or in collaboration with
other agencies, suitable training and educational programmes for
prevention of accidents to building workers;
(xii) to frame safe rules and safe working practices in consultation with
senior officials of the establishment;
(xiii) supervise and guide safety precautions to be taken in building and
other construction work of the establishment;
(xiv) to conduct elections of the workers for the appointment of worker’s
representatives on safety committee where there is no recognised
union of the workers.
Facilities to be provided to safety officers: The employer shall provide
each safety officer with such facilities, equipment and information that
are necessary to enable him to dispatch his duties effectively.
Prohibition of performance of other duties: No safety officer shall be
required or permitted to do any work which is unconnected to,
inconsistent with or detrimental to the performance of the duties
prescribed in this Schedule.
Exemptions: Director General may, in writing, exempt any employer or
group of employers from any or all the provisions of these rules subject
to compliance with such alternative arrangements as may be approved
and notified by him in the order of such exemption.
SCHEDULE IX
[See Rule 255]
Hazardous process
(1) Roof work.
(2) Steel erection.
(3) Work under and over water.
(4) Demolition.
(5) Work in confined spaces.
SCHEDULE X
[See Rule 255(b)]
Services and facilities to be provided in occupational health centres
(1) One full time construction medical officer for building or other construction work,
employing workers up to one thousand and one additional construction medical
officer for every additional one thousand workers or part thereof.
(2) The staff, including one nurse, one dresser-cum-compounder, one sweeper-cum-
ward boy with each construction medical officer for full work hours.
(3) The occupational health centre with a floor area of minimum fifteen square
metres constituting two rooms with smooth walls and intern service, adequately
illuminated and ventilated.
(4) Adequate equipment for day-to-day treatment.
(5) Necessary equipment to manage any medical emergency.
SCHEDULE XI
[See Rules 149(2) and 255(c)]
Qualification of construction medical officer
(1) MBBS degree from a medical institute recognised by the Medical Council of India.
(2) Diploma in industrial health or equivalent post-graduate certificate of training in
industrial health or health.
(3) A medical officer having working experience in organisation establishments
involved in policy, execution and advice and safety and health of workers
employed in mines, ports and docks, factories and building and other construction
work, for a period of not less than three years may, subject to the satisfaction of
the Chief Inspector, not be required to possessing the training referred to in item
(2) above.
(4) The syllabi of the courses leading to the above certificates and the organisation
conducting such courses shall be approved by the Central Government who may
also from time to time prepare a panel of such organisations.
(5) Complete particulars including name, qualification and experience of the
construction medical officer will be intimated to the Inspector having jurisdiction.
SCHEDULE XII
[See Rule 182(a)]
PERMISSIBLE LEVELS OF CERTAIN CHEMICAL SUBSTANCES IN THE WORK ENVIRONMENT
ppm Parts of vapour or gas per million parts of contaminated air by volume
at 25°C and 760mm of Hg
Mg/m3 milligrams of substance per cubic metre of air.
* Not more than 4 times a day with at least 60 min. interval between
successive exposures.
** Molecular weight
Mg/m3= 24.45 x ppm
G Denotes ceiling limit.
Skin denotes potential contribution to the overall exposure by the cutaneous
route including mucous membranes and eye.
SC denotes Suspected Human Carcinogens.
HC denotes Confirmed Human Carcinogens.