Disaster Management

Topic- Legal Requirement

Priyanka Sinha Tripathi

M.Arch CM- Sem-1

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 What is Disaster?
• It is a sudden accident or a natural catastrophe that
causes damage.
• Two types- Natural & Man- Made
• Both causes Physical damage, Loss of Life and
Property
• Drastic change of environment

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 Why Legal implication is important?
• Maintains Discipline
• It makes the communities / People safer
• Shows responsible person for disaster
• Helps in giving Compensation
• Gives basic standard of living

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 The Building and other
Construction workers
(Regulation of Employment
and conditions of Service)
Act, 1996
&
Rules, 2007
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 History
• Abolition of bonded labor system- the economic and
physical exploitation of the weaker sections of the
people
• Growing Construction Industry
• Poor income and uncertainty in agriculture sector
• More of Farm labors converting to unskilled workers
• They are forced to work without proper food, shelter
and basic amenities.
• Risk to the their health and life

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 Act for Labors
• Minimum wages Act-1948
• Contract labour (Regulation and Abolition) Act 1970
• Inter state Migrant workmen-1979
• Central Act – BOCW Act & Rules -1996 (2007)
• Central Act- BOCW welfare cess Act 1996

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 Exemption
• Any building or Construction work to which
Factories Act, 1948 or Mines Act, 1952 apply

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 Objectives
• To regulate the employment & conditions of Service

• To provide for Safety, Health & Welfare measures

• To give the Building & Construction workers Social

Security

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 Applicability
• Every establishment which employs or had employed
10 or more workers directly or through a Contractor /
Subcontractor (undertaking to produce a given result
or supplying building workers for any work of the
establishment, excluding supply of goods or articles
of manufacture)

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 Committees
• Central Advisory committee- Central Government is
the implementing agency in the central sphere for the
purpose of enforcement of various provisions of the
Act. (Max-13 ppl)
• State Advisory committee- Advise the State
Government on such matters arising out of the
administration of this Act (Max-11 ppl)
• Expert committee- Constitute one or more expert
committees specially qualified in building or other
construction work for advising that Government for
making rules under this Act.
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 Committees
• Welfare committee- Take care of Payments of
pension, sanction loans and advances, financial
assistance for education, medical expenses and
immediate assistance in case of accident.
• Safety committee- Establishments, wherein 500 or
more building workers are ordinarily employed.
Safety committee shall meet at regular intervals at
least once in a month and shall be chaired by person
having overall control over affairs of site

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 Responsibilities of Employer
• Registration of Establishment- Application for
registration to the officers along with fees within 60
days from the date on which the act becomes
applicable.
• Registration of building worker as beneficiary-
Building worker completed 18 years upto 60 ys and
worked upto 90 days along with feeof less than 50 rs.
• Identity card to beneficiaries- ID cards are given
which shows photo and location where the
beneficiary is working.
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 Responsibilities of Employer
• To comply with requirements of rules
• To follow the principles of standard safe operating
practices connected with building and other
construction work
• No equipment to be used by the building workers
which does not comply with provision of rules
• To maintain the latrines, urinals, washing facilities
and canteen in a clean and hygienic condition

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Responsibilities of Architects , Project
Engineers & Designers
• At planning stage, during construction due
consideration is given to the safety and health aspects
the workers by not to include anything in the design
which would involve the use of dangerous structures
or other processes or materials, hazardous.

• To take into account the safety aspects associated

with the maintenance and upkeep of the structures
specially which may involve special hazards.

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 Responsibilities of Workers
• 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

• 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.

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Welfare

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 Hours of work
• Hours of Work and Maintenance of Records
• Hours of work, intervals of rest
• Weekly rest payment for work done on the day of rest
at overtime rate
• Night Shifts
• Muster roll/wages

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Latrines and urinal accommodation
• Adequate number of Latrines and urinals to be
provided at construction site
• Conveniently situated and accessible to building
workers at all times
• Adequately lighted and shall be maintained in clean
and sanitary condition
• Those connected with flush sewage system shall
comply with requirement of public health authorities

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 Canteens
• In every place wherein not less than 250 workers are
employed, the employer shall provide adequate
canteen in specified manner
• Canteen shall consist of dining hall with sufficient
furniture, kitchen, store-room, pantry and washing
places
• Sufficiently lighted at all times when any person has
access to it
• Premises shall be maintained in clean and sanitary
condition

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 Drinking Water
• Employer shall ensure sufficient supply of
wholesome drinking water
• All such points shall be legibly marked “Drinking
Water” in a language understood by a majority of the
persons
• No such point shall be situated within six metres of
any washing place, urinal or latrine

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 Payment of wages and
compensation
• Done with regards to Workmen’s Compensation Act
1923
• Wages are either paid daily or weekly as per contract
• In case of death or disablement of worker, employer
shall make full compensation or unpaid amount at
once to the beneficiaries
Safety and Health

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 Excessive noise, vibration etc.
• An employer shall ensure that adequate measures are
taken to protect building workers against the harmful
effects of excessive noise or vibration

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 Fire protection
• An employer shall ensure that site is provided with fire
extinguishing equipment sufficient to extinguish any probable
fire
• Number of trained persons required to operate the fire
extinguishing equipment
• Fire extinguishers shall be properly maintained and inspected
at regular intervals of not more than one year
• Every launch or boat or other craft used for transport of
building workers and the cabin of every lifting appliances
including mobile crane, adequate number of portable fire-
extinguishing equipment of suitable type shall be provided

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 Lifting and carrying of excessive
weight
• No building worker lifts by hand or carries over
head or over his back or shoulders any material,
article, tool or appliances exceeding in weight the
maximum limit set out in following table
Person Maximum Weight Load
Adult - man 55 k g
Adult - woman 30 k g
Adolescent - male 30 k g
Adolescent - female 20 k g
• (Note : At present No adolescent worker is permitted to work in construction sites
unless aided by any other building worker or a mechanical device)

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 Dust, gases, fumes 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 building worker.
• Hence Mask can be used in case while applying
chemicals or mixing adhesives.

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 Corrosive substances
• Corrosive substances, including alkalis and acids,
shall be well stored in such a manner that it does not
endanger the building worker
• Suitable protective equipment shall be provided
during handling or use of such substances
• In the case of spillage of such substances on the
building worker, immediate remedial measures shall
be taken by the employer

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 Eye protection
• Building worker engaged in operations like welding,
cutting, chipping, grinding or similar operations
which may cause hazard to his eyes shall use suitable
personal protective equipment for the protection of
eyes

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 Head protection and other
protective apparel
• Every building worker required to pass through or
work within the areas where there is hazard of his
being struck by falling objects or materials shall be
provided with Safety helmets in accordance with
national standards only of ISI code.
• Every building worker required to work in water or
in wet concrete or in other similar work, shall be
provided with suitable water-proof boots

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 Electrical Hazards
• To work with insulated protective gloves and foot
wear in accordance with national standards
• All electrical appliances and current carrying
equipment shall be adequately earthed
• All temporary electrical installations are provided
with earth-leakage circuit breakers
• Suitable warning signs shall be displayed
• No physical contact with any electrical equipment or
apparatus, machines or live electrical circuit

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 Vehicular Traffic
• All vehicles used at construction site shall comply
with the requirements of Motor Vehicles Act, 1988
(59 of 1988) and the rules made there under

• The driver of a vehicle of any class or description

shall hold a valid driving licence under the Motor
Vehicles Act, 1988 (59 of 1988)

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 Use of Safety helmet and shoes
• All persons who are performing any work or services
at a building or other construction work, wear safety
shoes and helmets conforming to the national
standards

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 Emergency Action Plan
• Where more than 500 building workers are employed
emergency action plan to handle the emergencies is
prepared and submitted for the approval of the
Director General

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 Safety
Lifting Appliance and Gear

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 Competent person
• “Competent person” means a person so approved by
Government, who belongs to a testing establishment
in India, possessing adequate qualification,
experience and skill for the purpose of testing,
examination or annealing and certification of lifting
appliances, lifting gears, wire ropes or pressure plant
or equipment

35
 Test and periodical examination of
lifting appliances
• All lifting appliances shall be tested and examined by
a competent person before being taken into use for
the first time or after it has undergone any alteration
or repairs liable to affect its strength or stability or
after erection on construction site and also once at
least in every one year

36
 Register of periodical test,
examination and certificate
• Employer shall ensure that register in specified form
shall be maintained and particulars of such test and
examination of lifting appliances shall be entered in
register
• Certificate in prescribed form shall be obtained from
competent person for winches, derricks, cranes,
hoists, loose gear, wire ropes

37
 Identification and marking of safe
working load
• Every lifting appliance and loose gear is clearly
marked for its safe working load and identification
by stamping or other suitable means

• Safe working load shall be marked in plain figures

or letters upon the sling or upon a tablet or ring of
durable material attached securely

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 Operation of lifting appliances
• Every crane driver or lifting operator posses adequate
skill and training in the operation of the particular
lifting appliance
• No person under eighteen years of age shall be in
control of any lifting appliance
• Operation of lifting appliances is governed by
signals; in conformity with relevant national
standards

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Safety organisation

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 Safety officer

• Establishment wherein 500 or more building worker

are employed, employer shall appoint safety officer
• Safety officer may be assisted by suitable and
adequate staff
NO. OF SAFETY OFFICERS

Upto 1000 building workers One

Upto 2000 building workers Two
Upto 5000 building workers Three
Upto 10000 building workers Four
For every additional 5000 one
workers or part thereof
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 Reporting of accident

• Notice of any accident on the construction site which

either causes loss of life or disables a building
worker from working for a period of forty eight
hours or more immediately following the accident,
shall forthwith be sent to
– Regional Labour commissioner (Central)
– board with which the building worker involved in
accident was registered as a beneficiary
– Director general and
– next in kin or other relative

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 Reporting of accident

• Notice of accident at construction site which causes

loss of life or disables such building worker from
work for more than ten days following the accident
shall also be sent to
– Office incharge of nearest police station
– district magistrate

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Medical facilities

44
 Medical examination of building
workers
• Building worker who is employed for a work
involving risk or hazards as the Director General
considers appropriate shall be medically examined
• Every operator of a crane, winch or other lifting
appliances, transport equipment or vehicle shall be
medically examined and again periodically
• No building worker shall be charged for medical
examination
• Record of such medical examination shall be
maintained

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 Ambulance Van
• An ambulance van shall be provided or an
arrangement shall be made with a nearby hospital for
providing such ambulance van for transportation of
serious cases of accident or sickness of the building
workers to the hospital promptly and such van is
maintained in good repair and is equipped with
standard facilities

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 First-aid
• Sufficient number of first-aid boxes or cupboards
shall be provided and maintained
• The box should be distinctly marked “First-aid” and
shall be equipped with specified articles
• Trained first-aider shall be engaged at site

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Penalties

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Penalty for contravention of provisions
regarding safety measures

• Whoever contravenes the provisions of any rules

shall be punishable with imprisonment for a term
which may extend to three months, or with fine
which may extend to two thousand rupees, or with
both
• If any person who has been convicted of any offence
punishable is again guilty of an offence, he shall be
punishable on a subsequent conviction with
imprisonment upto six months or with fine upto two
thousand rupees or with both

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 List of other Act and Rules
• The Environmental (Protection) Rules, 1986
• The Air (Prevention and Control of Pollution) Act,
1981 Environmental (Protection) Act, 1986
• The Water (Prevention & Control of Pollution) Act,
1977; including Rules, 1978
• Hazardous Wastes (Management, Handling &
Transboundary Movement) Rules, 2008.
• The Noise pollution (Regulation & Control) rules,
2000

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 List of other Act and Rules
• Notification on Control of noise from DG sets
• The Central Motor vehicles Rules, 1989
• The Central Motor Vehicles Act, 1988
• The Petroleum Act, 1934.
• Regulation on Recycling of Waste Hazardous
Materials
• Batteries (Management & Handling) Rules, 2001

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 Thank You
The minute you think you’ve got it made,
disaster is just around the corner
Be safe !!!-Joe Paterno
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