THE BUILDING AND OTHER CONSTRUCTION WORKERS (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE), KARNATAKA RULES, 2006.
Part-I
Preliminary
1. Title, application and commencement.- (1) These rules may be called the Building and Other construction Workers (Regulation of Employment and Conditions of Service), Karnataka Rules, 2006.
(2) They shall apply to the building or other construction work undertaken by any establishment in relation to which the State Government is the appropriate Government, under the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (Central Act 27 of 1996).
(3) They shall come into force from the date of publication in the official Gazette.
2. Definitions.- (1) 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 [Central Act XXVII of 1996];
(b)“Access” or “Egress” means passages, corridors, stairs, platforms, ladders and any other means used by a building worker normally for entering or leaving the workplace or for escaping in case of danger;
©“Approved” means approved in writing by the Chief Engineer of the Public Works Department of State Government, as the case may be;
(d)“Base plate” means a plate for distributing the load from a standard in the case of metal scaffolds;
(e)“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;
(f)“Brace” means airtight structure separating the working chamber from free air or from another chamber under a lower pressure than the working pressure;
(g)“Bulkhead” means airtight structure separating the working chamber from free air or from another chamber under a lower pressure than the working pressure;
(h)“Caisson” means an air and watertight chamber in which it is possible for men to work under air pressure greater than atmospheric pressure at a sea level to excavate, material below water level;
(i)“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;
(j)“Competent person” means a person so approved by the State Government, who belongs to a testing establishment in Karnataka, possessing adequate qualification, experience and skill for the purposes of testing, examination or annealing and certification of lifting appliance, lifting gears, wire ropes or pressure plant or equipment;
(k)“Compressed air” means air mechanically raised to a pressure higher than atmospheric pressure at sea level.
(l)“Construction site” means any site at which any of the processes or operations related to building or other construction work are carried on;
(m) “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;
(n)“Danger” means danger of accident or of injury or to health;
(o)“Decanting” means the rapid decompression of persons in a man-lock to atmospheric pressure at a 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;
(p)“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;
(q)“Excavation” means the removal of earth, rock or other material in connection with construction or demolition work;
®“Falseworks” means the structural supports and bracing for formworks or forms;
(s)“Flashpoint” means the minimum liquid temperature at which a spark or flame causes an instantaneous flash in the vapour space above the liquid;
(s1) “Form” means a Form appended to these rules.
(t)“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;
(u)“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;
(v) “Hazard” means danger or potential danger;
(w)“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 workenvironment, 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;
(x)“High pressure air” means air used to supply power to pneumatic tools and devices;
(y)“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;
(z)“Ledger” means a member spanning horizontally and tying scaffolding longitudinally and which acts as support for putlogs or transoms;
(za)“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;
(zb)“Lifting gear” means ropes, chains, hooks, slings and other accessories of a “lifting appliance”.
(zc)“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;
(zd)“Low pressure air” means air supplied to pressurize working chambers and man-locks and medical locks;
(ze)“Magazine” means a place in which explosives are stored or kept, whether above or below ground;
(zf)“Man lock” means any lock other than a medical lock used for the compression or decompression of persons entering or leaving a working chamber.
(zg)“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 conveyance.
(zh)“Materials lock” means a chamber through which materials and equipments pass from one air pressure environment into another.
(zi)“Medical lock” means a double compartment lock used for the therapeutic recompression and decompression of person suffering from the ill effects of decompression.
(zj)“National standards” means standards as approved by Bureau of Indian Standard and in the absence of such standards of Bureau of Indian Standard, the standards approved by the State Government for a specific purpose.
(zk)“Outrigger”means a structure projecting beyond the facade of a building with the inner and being anchored and includes a cantilever of other support;
(zl)“Plant or equipment”includes any plant equipment, gear, machinery, apparatus or appliance, or any part thereof;
(zm)“Pressure”means air pressure in bard above atmospheric pressure;
(zn)“Pressure Plant”means the pressure vessel along with its piping and other fittings operated at a pressure greater than the atmospheric pressure;
(zo)“Putlog”means a horizontal member on which the board, plank, or decking of a working platform are laid;
(zp)“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;
(zq)“Reveal tie”means the assembly of a tie tube and fittings used for tightening a tube between two opposite surfaces;
(zr)“Right angle coupler”means a coupler, other than a swivel or putlog coupler, used for connecting tubes at right angles;
(zs)“Rock bolt”means a mechanical expansion bolt or a bolt used with cementitious or resin anchoring system which is set in drilled hole in the arch or wall of a tunnel to improve rock competency;
(zt)“Roofing bracket”means a bracket used in sloped roof construction and having sharp points or other means for fastening to prevent slipping;
(zu)“Safety screen”means an air and watertight 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;
(zv)“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;
(zw)“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;
(zx)“Schedule”means a Schedule appended to these rules’;
(zy)“Segment”includes a cast iron or pre cast concrete segmented structure formed to the curvature of the tunnel cross-section and used to support the ground surrounding the tunnel;
(zz)“Service Shaft”means a shaft for the passage of building workers or materials to or from a tunnel under construction;
(zza)“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;
(zzb)“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;
(zzc)“Sole plate”means a member used to distribute the load from the base plate or the standard of wooden scaffolds to the supporting surface;
(zzd)“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;
(zze)“Sound or good material”means materials 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;
(zzf)“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;
(zzg)“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 machinery and equipment used in such activities and such practices conforms to all or any of the following namely:-
(i) relevant standards approved by the Bureau of Indian Standards;
(ii) national building code;
(iii) manufacturer’s instruction of safe use of equipment and machinery;
(iv) code of practice on safety and health in construction industry published by the International Labour Organization and amended from time to time;
(zzh)“Steel rib”includes all steel beams and other structural members shaped to conform to the requirements of a particular tunnel cross-section, used for the purpose of supporting and stabilizing the excavated areas;
(zzi)“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;
(zzj)“Testing establishment”means an establishment with testing and examination facilities, as approved by the Central Government for carrying out testing, examination, annealing or similar other test or certification of lifting appliance or lifting gear or wire rope as required under these rules;
(zzk)“Tie”means an assembly used to connect a scaffold to a rigid anchorage;
(zzl)“Toe board”means a member fastened above a working platform, access landing, access way, wheel barrow rum, ramp or other platform to prevent building workers and
materials falling there from;
(zzm)“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;
(zzn)“Trestle scaffold”includes a scaffold in which the supports for the platform are any of the following which are selfsupporting, namely:-
(i) split heads;
(ii) folding;
(iii) step-ladder;
(iv) tripods; or
(v) movable contrivances similar to any of the foregoing;
(zzo)“Tubular scaffold”means a scaffold constructed from tubes and couplers;
(zzp)“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;
(zzq)“Underground”means any space within the confines of a shaft, tunnel, caisson or cofferdam;
(zzr)“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;
(zzs)“Working chamber”means the part of the construction site where work in a compressed air environment is carried out, but does not include a man-lock or medical lock;
(zzt)“Working platform”means a platform which is used to support building workers or materials and includes a working stage;
(zzu)“Working pressure”means pressure, in a working chamber, to which building worker is exposed;
(zzv)“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.
PART – II
CHAPTER-I
State Advisory Committee, Registration of Establishments
3. Number of members under section 4 of the State Advisory Committee: The number of persons to be appointed as members under clause (e) of sub-section (2) of section 4 shall be ten out of whom.-
(i) four persons out of whom at least one shall be woman to be nominated by the State Government representing the building workers;
(ii) four persons to be nominated by the State Government for representing the employers connected with the building and other construction work;
(iii) two persons to be nominated by the State Government representing one from the State level association of architects or engineers and one from an accident insurance institution.
4. Term of office of Chairperson and certain members.- (1)The Term of Chairperson of the State Advisory Committee shall be three years from the date on which his appointment is notified in the official gazette, by the State Government.
(2) A member referred to in clause (b) of sub-section (2) of section 4 shall hold the office for three years or till he remains a member of the Legislative Assembly or Council of State, as the case may be, whichever is earlier.
(3) The members referred to in sub-rule [i], sub-rule [ii] and sub-rule [iii] of Rule 3, shall hold office for a period of three years from the date on which this appointment is notified in 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 giving 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 member shall have all the rights and privileges of such member in respect of that meeting.
5. 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 / Principal Secretary in the Labour Department with prior information to the Chairperson of State Advisory 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 the state government whichever is earlier.
6. 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 the Chairperson of such Committee for such absence, he shall cease to be a member of such Committee:
Provided that the state government may, if it is satisfied that such member was prevented 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 a member of such Committee.
7. Disqualification for membership.- (1) A person shall be disqualified for being a member of the State Advisory Committee,-
(i) if he is of unsound mind and stands so declared by a competent Court;
(ii) if he is an undischarged insolvent; or
(iii) if he has been convicted of an offence which, in the opinion of the State Government, involves moral turpitude;
(iv) if he earn disqualification to continue as Member of Legislative Assembly or Member of Legislature Council.
(2) Where a question arises as to whether a disqualification has been incurred under sub-rule (1), the State Government shall decide such question.
8. Removal from membership.- 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;
9. 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.
10. Staff and salary of State Advisory Committee.- (1) The State Government may depute one of its officers not below the rank of Deputy Secretary to the State Government as Secretary to the State Advisory Committee and also depute such other staff being in the service of the State Government, as it may think necessary, to enable such Committee to carry out its functions.
(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 as are admissible to an officer of the rank of Group ‘A’ Officer of the State Government and daily allowance shall be calculated at the maximum rate admissible to such officer.
(3) The Secretary of the State Advisory Committee - (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.
11. 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: in the meeting.
Provided that where the members of such Committee are equally divided on a matter the Chairperson of such Committee shall have a second or a casting vote.
12. 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 a meeting.
13. Notice of meetings and list of business.- (1) Ordinarily, two weeks’ notice shall be given by the secretary 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 one month.
(2) No business except which is included in the list of business for a meeting of such Committee shall be considered at such meeting without the permission of the Chairperson of the Committee.
14. Quorum.- No business shall be transacted at any meeting of the State Advisory Committee unless at least six members of such Committee are present in that meeting.
Provided that if at any meeting of such Committee less than six members are 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 II
Registration of Establishments
15. Form of application for registration of establishments under section 7.- (1) The application referred to in sub-section (1) of section 7 of the Act shall be made in triplicate, in Form - I 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 acknowledgment to the applicant.
16. Grant of Certificate of Registration.- (1) The Registering Officer, after receiving application under sub-rule (1) of rule 15, shall register the establishment and issue a certificate of registration to the applicant in Form-II within fifteen days of receipt of application, if such applicant has complied with all the requirements 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.
(2) The Registering Officer shall maintain a Register in Form-III 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.
(4) Where, on receipt of the intimation referred to in subrule (3) of rule 16, 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, 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, unless the fee of ten percent of the fees prescribed for registration have been deposited by the employer.
17. Conditions of registration.- (1) Every certificate of registration issued under rule 16 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
© 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
(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.
18. Fees.- (1) The fees to be paid for the grant of a certificate of registration under rule 16 shall be as specified below:
If the number of workers proposed to be employed as building workers for a building or other construction work on any day:
(a) upto 100 Rs. ————- 1,000
(b) exceeds 100 but does not exceed 500 ————– Rs. 2,500
© exceeds 500 Rs. —————– 5,000
(2) For each amendment ten percent of the above fees shall be deposited by the employer.
19. 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 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 officer 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 ‘Commissioner of Labour’, Bangalore, under the relevant head of account.
CHAPTER –III
REGISTRATION OF BUILDING WORKERS AS BENEFICIARIES
20. Form of application for registration of construction workers as beneficiaries under section 12.- (1) Every building worker shall apply in Form-V for registration under sub-section (2) of Section 12 of the Act, as a beneficiary.
(2) The application for registration, as beneficiary, shall be accompanied with the following:
(a) registration fee of Rs. 25/-;
(b) proof of age;
Explanation: Proof of age means school record, birth certificate, driving licence, pass port or certificate from a doctor not below the rank of Assistant Surgeon in
Govt. Hospitals / ESI Hospitals / Hospitals of Local Bodies, i.e., Corporation, City Municipal Corporation, Town Municipal Corporation and Zilla Panchayats.
© certificate from the present employer or a Trade union registered under the Trade Unions Act, 1926, or an official of Labour Department in the concerned
jurisdiction not below the rank of Labour Inspector;
(d) 3 passport size photographs.
(3) The Building worker shall also file a nomination in Form – VI. The nomination shall stand revised in the name of the spouse on his acquiring a family or on the happening of any legal change in the status of the family and any change of nomination shall intimate to the Board in Form – VII.
(4) The Secretary or other officer authorized by him in this behalf shall issue to every beneficiary an identity card with a photo of the beneficiary affixed in Form – VIII.
(5) The Secretary of the Board shall maintain a register of beneficiaries containing the names and addresses of the construction workers registered in Form-IX. The Board may maintain such other records and registers as it considers necessary.
21. Issue of Duplicate Identity Card.- In the case of loss of identity card issued under Sub-Rule (4) of Rule 20, a duplicate identify card will be issued by the Board either on an application by the registered construction worker concerned, or, in the event of his death, by his nominee. The fee for the issue of a duplicate card shall be Rs. 10/- only.
21-A. Contribution of building worker: (1) Every construction worker whose name has been registered as a beneficiary under sub-Rule (1) of Rule 20 shall contribute a
monthly subscription of Rs. 10/- per month, which shall be remitted half yearly to the Board.
(2) If a beneficiary commits defaults in the payment of contribution, continuously for a period of one year, he shall cease to be the beneficiary of the fund. However, with the permission of the Secretary or an officer authorized by him in this behalf, the membership may be resumed on repayment of arrears of contribution with a fine of Rs. 2/- per month, subject to the condition that such resumption shall not be allowed more than twice.
22. Register of beneficiaries to be maintained by the Employer.- Every registered employer shall maintain employment register in Form- X.
CHAPTER –IV
STATE WELFARE BOARD
22-A. Composition of the Board: (1) The Board shall consist of –
(i) Hon’ble Minister for Labour shall be the Chairperson of the Board;
(ii) A member nominated by the Central Government;
(iii) Not more than five persons representing the building and other construction workers nominated by Government;
(iv) Not more than four persons from among the employers of construction and other building workers nominated by Government;
(v) Following should be the composition of the official Members:
- Principal Secretary to Government, Labour Department;
- Principal Secretary to Government, Urban Development Department or his nominee;
- Commissioner of Labour;
- Director of Factories & Boilers;
- Principal Secretary / Secretary, PWD or his nominee;
- Principal Secretary / Secretary, RD&PR or his nominee.
(vi) One of the nominated members shall be a woman and the number of members nominated under clauses (iii), (iv) and (v) of sub-rule (1) shall be equal.
23. Terms and conditions of appointment of members.- (1) Subject to the pleasure of State Government 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.
(2) 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 un-discharged insolvent; or
© is of unsound mind and stands so declared by a competent court ; or
(d) is or has been convicted of any offence involving moral turpitude.
(3) However, the State Government may by order remove from office any member who in its opinion,-
(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 the member to represent the State Government, and
© for any other reasons, which in the opinion of the Chairman, may render the continuance of such member, is detrimental to the objectives sought to be achieved in the Act and Rules framed their under.
24. 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 become vacant on acceptance of resignation.
25. 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. Subsequently appointed Chairperson or member shall hold the office so long as the member in whose place he is nominated would have held it as if the vacancy had not occurred.
26. Allowances payable to members.- The Chairperson and the members attending the meeting, other than Government representatives, shall be paid traveling allowance and meeting allowance applicable to Group ‘A’ officers of the State Government.
27. Terms and conditions of service of Secretary, other officers and employees of the Board.- The terms and conditions of service, salaries and allowances of Secretary, other officers and employees of the Board shall be as follows, namely:
(a) The Secretary of the Board shall be an officer not below the rank of Additional Labour Commissioner or an IAS officer in the senior scale or an officer from the Central Services Group – ‘A’ Senior Scale and the term of such deputation shall not exceed more than three years.;
(b) The other officers and employees of the Board may also be taken on deputation from the Labour Department of the State Government only for a maximum period of three years;
© The Secretary, other officers and employees of the Board may be drawn from amongst the other services of the State Government. If the State Government does not
appoint, the Board may subject to the approval of the State Government; make appointment subject to such terms and conditions of service as it may determine.
(d) 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;
28. Procedure of meetings.- (1) The Board shall meet at least once in three months or earlier 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.
29. Quorum.- (1) The quorum for the meeting shall be 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), 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 deem fit. 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 there at shall be brought before the adjourned meeting and may be disposed of at such meeting, whether there is a quorum or not.
(3) All matters to be decided by majority. All matters coming before the meeting of the Board shall be decided by majority of the members present and voting at the meeting. The Chairperson is having a second or casting vote in all cases of equality of votes.
(4) Mode 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.
30. 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.
31. Procedure for preparation budget of the board etc.-(1) The budget estimates for every financial year shall be prepared and laid before the Board on or before the 31s t day of January of the previous financial year and after it is approved by the Board the same shall be forwarded to the State Government for approval on or before the 10th February. The State Government shall approve the budget before the 28th February, after making such amendments and alterations as it considers necessary.
(2) The budget amended or altered and approved shall constitute the budget of the Board for the financial year and shall be issued under the seal of the Board and signed by the officers or officers of the Board duly authorized in this behalf.
(3) An authenticated copy of the approved budget shall be forwarded to the State Government before the 28th February.
32. Additional expenditure: (1) If during the course of the financial year it becomes necessary to incur expenditure over and above the provisions made in the Budget, the Board shall immediately submit to the State Government the details of the proposed expenditure and specify the manner in which it is proposed to meet additional expenditure. The State Government may either approve the proposed expenditure after making such modifications, as it considers necessary or reject it.
(2) A copy of the order passed by the State Government under sub-rule (1) shall be communicated to the Board and the auditor, if any appointed by the State Government.
(3) The expenditure shall be incurred subject to the approval of the Board.
33. Maintenance of Audit and Accounts.- The accounts of the Board shall be prepared and maintained by the Accounts Officer of the Board and shall be audited by the Auditors appointed by the Board once a year. The Secretary of the Board shall be responsible for the disposal of the Audit Note.
34. Annual report of Board.- The Board shall submit to the State Government and Central Government as soon as may be after the 1s t of April every year and not later than 31s t day of October an Annual Report in Form - XI on the working of the Board during the preceding year ending on 31s t March of the year along with audited copy of Accounts together with an Auditor’s report.
35. Assistance in certain cases.- The Board shall provide such other financial assistance to the beneficiary as may be determined by the Board by resolution and with the previous approval of the State Government with due regard to the availability of funds with the Board.
36. Investment of amount.- All monies belonging to the Board may be invested in the Nationalized Banks.
37. Expenditure from the Fund.- All expenses for the administration of the Fund, fees and allowances of the Directors of the Board, salaries, leave salaries, joining time pay, traveling allowance, compensatory allowance, charge allowances, pension contribution and other benefits of personal expenses for the legitimate needs of the Board and the stationery expenses shall be met from administrative account of the Fund.
38. Execution of contract.- All orders and other instruments shall be made and executed in the name of the Board and shall be authenticated by such person as the Board may specify.
39. Pension Scheme: (1) Every registered building or construction woman worker, who has completed 50 years of age or man worker, who has completed 55 years of age, is eligible for pension, if he has continued as such worker for a continuous period of not less than five years.
Provided that a building or construction woman worker, who has not completed 50 years of age and man worker who has not completed 55 years of age, but registered with the Board for a continuous period of five years is also eligible for pension if he has become disabled due to sickness and incapacitated from normal work.
(2) Procedure for payment of pension: (a) An application for pension shall be submitted in Form – XII.
(b) If in the opinion of the Secretary of the Board or the officer authorized by him, the applicant is eligible for pension, he shall be sanction pension and send the pension sanctioning order to the applicant.
Provided that no application shall be rejected unless the applicant has been given an opportunity of being heard.
© If it is found that the applicant is not eligible for pension, the application shall be rejected and the applicant informed accordingly.
(3) The amount of pension shall be Rs. 300/- per month. An increase of Rs. 10/- shall be given for every completed year of service beyond 5 years. The Board may with the previous approval of the Government revise the pension.
(4)The pension sanctioning authority shall maintain a register in Form – XIII.
40. Disability Pension.- (1) The Board may sanction an amount of Rs. 300/- per month as disability pension to a beneficiary who is permanently disabled due to paralysis, leprosy, Cancer & T.B. In addition to the pension, he will be eligible for an exgratia payment of not more than Rs. 5,000/- depending upon the percentage of disability and subject to such conditions as may be fixed by the Board.
(2) The application for disability pension and exgratia payment under sub-rule (1) shall be made in Form – XIV with such certificates and documents as may be specified by the Board.
41. Loan for the purchase of (tools) Instruments.- An amount of Rs. 5,000/- will be sanctioned as loan to the members of the fund, for the purchase of tools. Those who have completed 2 years membership in the fund and those who remit contribution regularly will be eligible for this loan. The beneficiary should not have completed 55 years of age. The loan amount shall be recovered in not more than sixty installments. An application in Form - XV shall be made for this loan with such other documents as may be specified by the Board.
42. Assistance for purchase or construction of a house.- (1) Eligibility: Every registered construction worker who is a beneficiary for a period of not less than 5 years and having 15 years of service for superannuation and who owns a site in his name or in the name of his spouse is eligible to apply for assistance of loans and advances for construction of a house.
(2) Claim: (a) Every registered construction worker who is eligible for assistance of loans and advances for construction of a house under sub-Rule (1) shall apply to the Board in Form - XVI.
(b) Every such application shall accompany with original sale deed showing that he owns the site, approved plan by the local authority, etc., as may be prescribed by the Board in this behalf.
© The Board shall examine every application for assistance of loans and advances for purchase or construction of a house in accordance with the provisions of this clause and may accept or reject the application. The decision of the Board shall be final.
Provided that the Board shall, before rejecting an application, give the applicant a reasonable opportunity of making the representation.
(3) Amount of assistance: The quantum of amount of assistance of loans and advances for construction of a house shall be not more than Rs. 50,000/- or such lesser amount as requested by the applicant.
Recovery of assistance: The loans and advances along with 5% interest per annum provided to the beneficiary shall be recovered by the Board in monthly equal installment for a period of 10 years.
43. Assistance for delivery of a child by a registered woman construction worker.- (1) The Secretary, or any other officer authorized in the behalf by the Board, shall on an application from a registered woman construction worker, sanction a sum of Rs. 4,000 (rupees four thousand only), only for first two deliveries, on her producing proof of delivery of a child to her.
(2) The amount shall be sanctioned, only if the following conditions are fulfilled, namely:
(a) A minimum of one year shall have lapsed from the date of registration of the applicant as a construction worker with the Board, to the delivery of the child;
(b) A registered woman construction worker can get this assistance only twice;
© The registered woman construction worker shall have no dues payable to the Board; and
(d) The registered woman construction worker shall not be given this assistance if she already has two living children.
(3) The application for claiming the amount specified in sub-Rule (1), shall be in Form - XVII.
44. Assistance to meet the funeral expenses of a registered construction worker;- (1) If a registered construction worker dies, the Secretary, or any other officer authorized in this behalf by the Board, shall pay a sum of Rs. 2,000 (Rupees two thousand only) to the nominee of the deceased registered construction worker to meet the funeral expenses of the deceased registered construction worker.
(2) The application for claiming the amount specified in sub-Rule (1) shall be in Form - XVIII and shall be accompanied by the death certificate of the deceased registered construction worker and the original identity card issued to the deceased worker or certification issued by a member of the board in case of non availability of original identity card.
45. Assistance for the education of the son or daughter of a registered construction worker.- (1) The Secretary or any other officer authorized in this behalf by the Board, may, on an application from a registered construction worker, sanction,-
(a) if the son or daughter of the applicant had passed S.S.L.C. examination or its equivalent, a sum of Rs. 700/- (Rupees seven hundred and fifty only) to the applicant;
(b) if the son or daughter of the applicant had passed the PUC examination or its equivalent, a sum of Rs. 1,000/- (Rupees one thousand only) to the applicant;
© If the son or daughter of the applicant who is studying in ITI/Diploma a sum of Rs. 2,000/-;
(d) If the son or daughter of the applicant who is studying in general Degree Course a sum of Rs. 1,500/-;
(e) If the son or daughter of the applicant who is studying in professional course a sum of Rs. 5,000/-.
(2) The amount shall be sanctioned only if the following conditions are fulfilled, namely:-
(a) A minimum of one year shall have lapsed from the date of registration of the applicant to the date of his application:
(b) Only two children of a registered construction worker shall be given this assistance; and
© The registered construction worker shall have no dues payable to the Board.
(3) The application for claiming the amount specified in sub-rule (1) shall be in Form - XIX.
46. Medical Assistance to beneficiaries.- The Board may sanction financial assistance to the beneficiaries who are hospitalized for five or more days due to any disease. The financial assistance shall be Rs. 400/- for the first 5 days and Rs. 50/- each for the remaining days, subject to a maximum Rs. 2,000/-. The application in Form – XX shall be submitted with such other documents as may be specified by the Board.
47. Assistance to a beneficiary in case of accident resulting in death or permanent disablement (incapacitation).-
(1) “Accident” means any bodily injury resulting in permanent disablement (incapacitation) or death directly from accident arising out of and in the course of his employment.
(2) “Eligibility” Every registered construction worker, who met with an accident during the course of his employment, is eligible for accident benefit
(3) Claim:
(a) Every registered construction worker who is eligible for accident benefit under sub-rule (2) shall apply to the Board in Form – XXI.
Provided that a construction worker, who is eligible for accident benefit under sub-rule (1) and (2) should produce to the Board, a certificate by his Employer in proof of accident occurred to him.
a) The Board shall examine every application for accident benefit in accordance with the provisions and may accept or reject the claim. The decision of the Board shall be final.
Provided that the Board shall, before rejecting a claim for accident benefit, give the applicant a reasonable opportunity of making the representation.
(4) “Amount of benefit”: The Board shall grant an amount of Rs. One lakh in case of every application provided the applicant fulfils all the conditions prescribed by the Board. This does not bar the worker from claiming compensation under any other statute. The Board will tie up with an Insurance Company to provide this benefit and the premium of the workmen will also be remitted by the Board.
48. Assistance of medical expenses for treatment of major ailments of a registered construction worker.- (1) “Major ailments” means any heart operation, Kidney transplantation and treatment for cancer.
(2) “Eligibility” Every registered construction worker, who has major ailments specified in sub-Rule (1) is eligible for medical expenses.
(3) Claim: (a) Every registered construction worker who is eligible for assistance of medical expenses under sub-rule (1) shall apply to the Board in Form – XXII.
Provided that a construction worker, who is eligible for assistance of medical expenses under sub-rule (1) should produce to the Board, a certificate by an Assistant Surgeon of a Government Hospital.
(b) The Board shall examine every application for medical expenses in accordance with the provisions of this rule and may accept or reject the claim. The decision of the Board shall be final.
Provided that the Board shall, before rejecting a claim for medical expenses, give the applicant a reasonable opportunity of making the representation.
(4) Amount of assistance for medical expenses: The Board shall grant an amount of Rs. 10,000/- in case of every application provided the applicant fulfils all the conditions. This does not bar the worker from claiming medical expenses under any other statute.
49. Assistance for the 1s t marriage of the registered building or construction worker or his / her two dependent children:
(1) The Secretary or any other officer authorized in this behalf by the Board, shall on an application from a registered construction worker, sanction a sum of Rs. 5,000 (Rupees five thousand only) as assistance to meet the marriage expenses of the worker or his / her two dependent children.
(2) The amount shall be sanctioned only if the following conditions are fulfilled, namely:
(a) a minimum of one year shall have lapsed from the date of registration of the applicant to the date of marriage of the applicant’s son or daughter for whose marriage the assistance is sought;
(b) the family of a registered construction worker can avail this assistance only twice;
© the registered construction worker shall have no dues payable to the Board; and
(d) the son or daughter of the registered construction worker, for whose marriage the assistance is sought, shall have attained the age prescribed by law for marriage.
The application for claiming the amount specified in sub-Rule (1) shall be in Form - XXIII.
PART – III
Safety and Health
CHAPTER - I
General Provisions
50. 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 to case exceeds the limits laid down in Schedule - VI.
51. Fire protection: Every 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 subclause (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;
© 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 of lifting appliance.
52. Emergency action plans.- Every employer shall ensure at a construction site of a building or other construction work that incase 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,
© collapse of building, shed or structures, etc.,
(d) gas leakage or spillage of dangerous goods and chemicals,
(e) drowning of building workers , sinking of vessels, and
(f) land sliders getting building worker buried, floods, storms and other natural calamities, is prepared and submitted for the approval of the Chief Inspector.
53. Fencing of motors, etc.- Every employer shall ensure at a construction site of a building or other construction work that,- (a) all motors, cogwheels, chains, and friction gearing, fly wheels, shafting, dangerous and moving parts of machinery (whether or not driven by mechanical power) and stream pipes are securely fenced or lagged;
(b) the fencing of dangerous part of machinery is not removed while such machinery is in motion or in use;
© 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.
54. Lifting and carrying of excessive weight.- Every employer shall ensure at a construction site of a building or other construction work that -
(a) 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 limits set out in the following table:
Person Maximum weight load
Adult – man 55 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 over head 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.
55. Health and safety policy.- (1) (a) Every establishment employing fifty or more building workers shall prepare a 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 (a) shall contain the following, namely:
(i) the intensions and commitments of the establishment regarding health, safety and environmental protection of building workers;
(ii) organizational 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 therefor3;
(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;
© 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 subrule(1), signed by an authorized 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:-
(ii) 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
(iii) 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 subrule (1) shall be displayed at the conspicuous places in Kannada / English and a local language understood by the majority of building workers at a construction site.
56. Dangerous and harmful environment.- Every 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 workplace where neither natural ventilation or artificial ventilation system is adequate to deep the carbon monoxide content of the atmosphere below fifty part per million, adequate and suitable measures are taken at such workplace 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 or 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 urther ingress thereof, and such workplace or tank or trench or excavation is certified by the responsible person to be safe and fit for the entry of such building workers.
57. Overhead protection.- (1) Every employer shall ensure at the 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
millimeters 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.
58. 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
30
water, grease, oil or other 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, wellequipped
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 equipment
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 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 the employer in
accordance with the national standards.
59. Dust, gases, fumes, etc.- Every 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.
60. Corrosive Substances: Every 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.
31
61. Vehicular Traffic: (1) Whenever any building or other
construction work is being carried on, or is located in close
proximity to a road or any other place where any vehicular traffic
may cause danger to building workers, the employer shall ensure
that such building or other construction work is barricaded and
suitable warning signs and lights displayed or erected to prevent
such danger and if necessary, he may make a request in writing
to the concerned authorities to control such traffic.
(2) The employer shall ensure that all vehicles used at
construction site of a building or other construction work comply
with the requirements of the Motor Vehicles Act, 1988 (59 of
1988), and the rules made thereunder.
(3) The employer shall ensure that a driver of a vehicle of
any class of description operating at a construction site of a
building or other construction work holds a valid driving license
under the Motor Vehicles Act, 1988 (59 of 1988).
62. Eye protection.- Suitable personal protective equipment
for the protection of eyes shall be provided by an employer and
used by the building worker engaged in operations like welding,
cutting, chipping, grinding or similar operations which may
cause hazard to his eyes at a building or other construction work.
63. Head protection and other protective apparel.- (1)
Every building worker required to pass through or work within
the areas at building or other construction work where there is
hazard of his being struck by falling objects or material shall be
provided by the employer with safety helmets of type and tested
in accordance with the national standards.
(2) Every building worker required to work in water or in
wet concrete or in other similar work at a building or other
construction work shall be provided with suitable waterproof
boots by the employer.
(3) Every building worker required to work in water or in
rain or in similar wet conditions at building or other construction
work shall be provided with waterproof coat with hat by the
employer
(4) Every building worker required to use or handle alkalis,
acid or other similar corrosive substances at a building or other
construction work shall be provided with appropriate protective
equipment by an employer, in accordance with the national
standards
(5) Every building worker engaged in handling sharp
objects or materials at a building or other construction work
which may cause hand injury, shall be provided with suitable
32
hand-gloves by the employer, in accordance with the national
standards.
64. Electrical hazards.- (1) Before commencement of any
building or other construction work, every employer shall take
adequate measures to prevent any worker from coming into
physical contact with any electrical equipment or apparatus,
machines or live electrical circuit which may cause electrical
hazard during the course of his employment at a building or
other construction work.
(2) Every employer shall display and maintain suitable
warning signs at conspicuous places at a building or other
construction work in a local language understood by the majority
of the building workers.
(3) In work space at a building or other construction work
where the exact location of underground electric power line is not
known, the building workers using jackhammers, crowbars or
other hand-tools which may come in contact with a live electrical
line, shall be provided by the employer with insulated protective
gloves and footwear of the type in accordance with the national
standards.
(4) Every employer shall ensure that, as far as practicable,
no wiring, which may come in contact with water or which may
be mechanically damaged, is left on ground or floor at a building
or other construction work.
(5) Every employer shall ensure that all electrical
appliances and current carrying equipment used at a building or
other construction work are made of sound material and are
properly and adequately earthed.
(6) Every employer shall ensure that all temporary electrical
installations at a building or other construction work are
provided with earth-leakage circuit breakers.
(7) Every employer shall ensure that all electrical
installations at a building or other construction work comply
with the requirements of any law for the time being in force.
. 65. Illumination of passageways, etc.- Every employer shall
ensure that illumination sufficient for maintaining safe working
conditions at a site of a building or other construction work is
provided where building workers are required to work or pass
and for passageways, stairways and landing, such illumination is
not less than that provided in the relevant national standards.
66. Stacking of materials. - Every employer shall ensure, at
a construction site of a building or other construction work that33
(a) all building materials are stored or stacked in a safe and
orderly manner to avoid obstruction of any passageway
or place of work.
(b) material piles are stored or stacked in such a manner as to
ensure stability;
© material or equipment is not stored upon any floor or
platform in such quantity as to exceed its safe carrying
capacity;
(d) material or equipment is not stored or placed so close to
any edge of a building or platform as to endanger the
safety of persons below or working in the vicinity.
67. Use of safety helmets and shoes.- Every employer shall
ensure that 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.
68. Disposal of debris: Every employer shall ensure at a
construction site of a building or other construction work that-
(a) debris are handled and disposed of by a method which
does not cause danger to the safety or a person;
(b) debris are not allowed to accumulate so as to constitute
a hazard;
© debris are kept sufficiently moist to bring down the
dust within the permissible limit;
(d) debris are not thrown inside or outside from any height
of such building or other construction work;
on completion of work, left over building material, article or
other substance or debris are disposed of as soon as possible to
avoid hazard to any traffic or person.
69. Stability of structures: Every employer shall ensure that
no wall, chimney or other structure or part of a structure is left
unguarded in such condition that it may fall, collapse or weaken
due to wind pressure, vibration or due to any other reason at a
site of a building or other construction work.
70. Numbering and marking of floors: The employer shall
ensure that each floor or level of a building or other construction
work is appropriately numbered or marked at the leading of such
floor or level.
35
CHAPTER II
LIFTING APPLIANCES AND GEAR
71. Construction and maintenance of lifting appliances.-
Every employer shall ensure at a construction site of a building
or other construction work that-
(a) All lifting appliances, including their parts and working
gear, whether fixed or movable and any plant or gear
used in anchoring authoring or fixing of such
appliances, are-
(i) of sound construction, sound material, and of
adequate strength to serve the purpose for which
these are to be used and all such appliances shall be
free from patent defects; and
(ii) maintained in good repair and working condition;
(b) (i) every drum or pulley around which the rope of any
lifting appliance is carried, is of adequate diameter
and sound construction in relation to such rope;
(ii) any rope which terminates at the winding drum of a
lifting appliance is securely attached to such drum
and at least three dead turns of such rope remain on
such drum in every operating position of such
lifting appliance;
(iv) the flange of a drum projects twice the rope
diameter beyond the last layer of such rope and if
such projection is not available, other measures like
anti-slackness guards shall be provided to prevent
such rope from coming off such drum;
© Every lifting appliance is provided with adequate and
efficient brakes, which -
(i) are capable of preventing fall of a suspended load
(including any test load) and of effectively
controlling such load while it is being lowered;
(ii) act without shock;
(iii) have shoes that can be easily removed for running;
and
(iv) are provided with simple and easily accessible
means of adjustment:
PROVIDED that nothing contained in this clause shall
apply to steam winch which can be operated as safely as
with brakes as provided in accordance with this clause.
(d) Controls of every lifting appliance,-
36
(i) are so situated that the driver of such appliance at
his stand or seat has ample room for operating
and has an unrestricted view of building or other
construction work as far as practicable, and that
he remains clear of the load and ropes and that no
load passes over him;
(ii) are positioned with due regard to ergonometric
considerations for proper operation of such
appliance;
(iii) are so located that the driver of such appliance
remains above the height of the heel block during
the whole operation of such appliance;
(iv) have upon them or adjacent to them clear markings
to indicated their purposes and mode of
operations;
(v) are provided, where necessary, with a suitable
locking device to prevent accidental movement or
displacement;
(vi) move, as far as practicable, in the direction of the
resultant load movement; and
(vii) wherever automatic brakes are provided,
automatically come to the neutral position in case
of power failure.
72. Test and periodical examination of lifting appliances.-
The employer shall ensure at construction site of a building or
other construction work that,-
(a) all lifting appliances including all parts and gears
therefore whether fixed or movable, are tested and
examined by a competent person before being taken into
use for the first time or after it has undergone any
alterations or repairs liable to affect its strength or
stability or after erection on a construction site and also
once at least in every five years, in the manner specified
in Schedule - I;
(b) all lifting appliances are thoroughly examined by a
competent person once at least in every twelve months
and where the competent person making such
examination, forms the opinion that the lifting appliance
cannot continue to function safely, he shall forthwith
give notice in writing of his opinion to the owner of the
lifting appliance;
37
Explanation: For the purpose of this rule, thorough
examination means a visual examination, supplemented, if
necessary, by other means such as hammer test, carried out as
carefully as the conditions permit, in order to arrive at a reliable
conclusion as to the safety of the parts examined; and, if
necessary, for such examination parts of the lifting appliance and
gear, shall be dismantled.
73. Automatic safe load indicators: (1) Every employer
shall ensure at a construction site of a building or other
construction work that,-
(i) every crane, if so constructed that the safe working
load may be varied by raising or lowering of the jib
or otherwise, is attached with an automatic indicator
of safe working loads which gives a warning to the
operator wherever the load exceeds the safe working
load;
(ii) cut-out is provided which automatically arrests the
movements of the lifting parts of every crane if the
load exceeds the safe working load, wherever
possible;
(2) the provisions of sub-clause (i) of sub-rule (1) apply,
except where it is not possible to install an automatic safe load
indicator, in which case, provision of a table showing the safe
working loads at the corresponding inclinations or radi of the jib
on the crane shall be considered sufficient.
74. Installation.- Every employer shall ensure at a
construction site of a building or other construction work that,-
(a) fixed lifting appliances are installed:
(i) by competent persons;
(ii) in a manner that such appliances cannot be
displaced by the load, vibration or other
influences;
(iii) in a manner that the operator of such appliances
is not exposed to danger from loads, ropes or
drums; and
(iv) in a manner that the operator can either see over
the zone of operation or communicate with all
loading and unloading points by signal, or other
communication system; points by signal or other
communication system;
(b) adequate clearance is provided between parts or loads
of lifting appliances and38
(i) the fixed objects such as walls and posts; or
(ii) electrical conductors;
© the lifting appliances, when exposed to wind loading
are given sufficient additional strength, stability and
rigidity to withstand such loading safely;
(d) No structural alterations or repairs are made on any
part of the lifting appliances that effect the safety of
such appliances without obtaining the opinion of the
competent person to this effect.
75. Winches.- Every employer shall ensure at a construction
site of a building or other construction work that, -
(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 changing gears on a
two gear winch;
(iv) adequate protection is provided to winch operator
against abnormal weather;
(v) temporary seats or shelters for winch 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 workplace or from otherwise hindering or
injuring any building worker;
(ii) extension control levers which tend to fall of their
own weight are counterbalanced;
(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;
39
© 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
one or more control points, either hoisting or
lowering, are not operating properly.
76. Buckets.- Every 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.
77. Identification and marking of safe working load.-
Every 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 land identification by
stamping or other suitable means;
(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;
(b) 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;
© means to ascertain the safe working load for lifting
gears under such conditions in which such gears may
by 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
40
working load for the various sizes of the wire rope
slings used in case of wire rope slings.
78. Loading of lifting appliances and lifting gears.- Every
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;
(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; and
(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.
79. Operator’s cab or cabin.- Every 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 an adequate protection against
the weather;
(vi) is adequately ventilated; and
(vii) is provided with a suitable fire extinguisher.
41
80. Operation of lifting appliances.- Every 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;
© 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 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 suitable 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
42
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 or 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;
® 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.
81. Hoists.- Every 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 al other levels on all sides of the access to such
shafts;
© the walls of hoist shafts, except at approaches, extend to
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) equipment 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;
43
(e) approaches to a hoist are adequately lit;
(f) the guides of hoist platforms offer sufficient resistance
to bending and 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 overwinding; 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, guyed 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 ladder way 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;
® a hoisting engine set up in a public thoroughfare is
completely enclosed;
44
(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 wheelbarrows 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;
45
(zf) a legible notice in Kannada / English as well as in a
local language is displayed at -
(ii) a conspicuous place of the platforms of a hoist and
that such notice states the maximum carrying
capacity of such hoist in kilograms;
(iii) a conspicuous place on the hoisting engine and that
such notice states maximum lifting capacity of such
hoist in kilograms;
(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.
82. Fencing of and means of access to lifting appliances.-
Every 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 platforms are provided on such ladder at
every six metres of its height and where the distance
between the last platform so provided and the top end
of such ladder is more than two metres then on such
top end.
83. Rigging of derricks: Every 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.
84. Securing of derrick foot: Every 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.
46
85. Construction and maintenance of lifting gear.- Every
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 per cent or more by user;
© a chain is withdrawn from use when it is stretched
and increased in length which exceeds five per cent
of its length or when a link of such chain is
deformed or is otherwise damaged or raised
scarves of defective welds 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 per cent or minus ten per cent.
86. Test and periodical examination of lifting gears: Every
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 - I
before taking into use or after undergoing any
substantive alterations which renders its any part liable
to affect its safely and such gear alters such test shall
subsequently be retested for the use of its owner at least
once in every five years;
(b) a lifting gear in use is thoroughly examined once at least
in every twelve months by a competent person;
© a chain in use is thoroughly examined once at least
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 –XXIV.
47
87. Ropes.- Every 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 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;
(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 at least in every three
months;
Provided that after any such wire is broken in such
rope, it shall thereafter be inspected once at least in every
month by the responsible person;
© 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 at least 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 slings shall have at least four
tucks; tail of such tuck being whipped in a suitable
manner; and
(iv) a synthetic fibre rope or rope sling shall have at least
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 cut48
out from such strands. Any portion of the splices
containing such tucks, with reduced number 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.
88. Heat treatment of lifting gears.- Every employer shall
ensure at a construction site of a building or other construction
work that,-
(a) all chains other than bridle chains attached to derricks and
all rings, hooks, shackles and swivels used in hoisting or
lowering or such derricks are effectively annealed under
supervision of a competent person and at the following
intervals, namely:-
(i) such chains, rings, hooks, shackles and swivels which
are not more than twelve and a half millimeter of
length are so annealed at least once in every six
months; and
(ii) all other such chains, rings, hooks, shackles and
swivels are so annealed at least once in every twelve
months:
Provided that such annealing as referred to in sub-clause (i)
and sub-clause (ii) shall not be required if the Inspector, having
jurisdiction, after obtaining the approval of the Chief Inspector,
directs that such chains, rings, hooks, shackles and swivels
undergo some other treatment and in such cases the treatment
directed by such Inspector shall be followed:
Provided further that in case of such chains, rings, holes,
shackles and swivels used solely on such devices and other
hosting appliances which are worked by hand, the provisions of
sub-clause (1) 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 or 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
49
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 or 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;
© 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 normalized before using it on any building
or other construction work
89. Certificate to be issued after actual testing and
examination, etc.- Every employer shall ensure at a construction
site of a building or other construction work that a competent
person issues a certificate for the purpose of rules 86, 87 and 88
only after actual testing or, as the case may be, examination of
the apparatus specified in the said rules.
90. Register of periodical test, examination and certificates
thereof.- Every employer shall ensure at a construction site of a
building or other construction work that,-
(a) a register in Form - XXV is maintained and particulars of
such test and examination of lifting appliances, lifting
gears and heat treatment as required under rules 72 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 72 (a)
50
(a) derricks and their accessory gears in Form -
XXVI;
(b) cranes or hoists and their accessory gears in
Form - XXVII;
(ii) in case of test, examination and re-examination of
loose gears under clause (d) of Rule 86 (a) & (b) in
Form – XXVIII;
(iii) in case of test and examination of wire ropes under
rule 87 in Form- XXIX;
(iv) in case of heat treatment and examination of loose
gears under rule 88 in Form -XXX;
(v) in case of annual thorough examination of the loose
gears under clause (b) of rule 86, except where
required particulars of such exemption have been
enclosed in the register referred to in clause (a) in
Form – XXIV, and such certificates are attached to the
register referred to in clause (a);
© 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 at least five years after the date of the
last entry made in such register;
(d) no lifting appliance 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
certificates.
91. Vacuum and magnetic lifting gear: Every 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;
51
(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;
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.
92. Knotting of chains and wire ropes.- Every 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.
93. Carrying of persons by means of lifting appliances,
etc.- (1) Every employer shall ensure at a construction site of a
building or other construction work that 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
© 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 98;
(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 at least 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,
52
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 other wise endanger him; and
(i) 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.
94. Hoists carrying persons.- Every 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 hoist or
from being struck by articles or materials falling down the
hoist way 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 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 hoist way 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.
© In every hoist used for carrying building workers these are
provided suitable and efficient automatic devices to ensure that
the cage of such hoist comes to rest a point above the lowest
point to which such cage may travel.
95. Attachment of loads: Every employer shall ensure at a
construction site of a building or other construction work 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;
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(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;
© 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 wheelbarrows;
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 any material from such hoist.
96. Tower cranes.- Every 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;
© bases for tower cranes and trucks for rain-mounted tower
cranes are firm and leveled 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 there is a clear space
available for erection, operation and dismantling or 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;
the instructions of the manufacturer of a tower crane and
standard safe practices regarding such crane are followed while
operating or using such crane.
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97. Qualification of operator or lifting winches and of
signaler, etc.- Every 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 drive or
operator of such lifting appliance or to work as an 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 – V.
CHAPTER III
RUNWAYS AND RAMPS
98. Use of runways and ramps by building worker.- Every
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 millimeters in
width and is constructed of not less than twenty-five
millimeters 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 or 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 guard rail
of adequate strength and height of not less than one
thousand millimeters.
99. Use by vehicles: Every employer shall ensure at a
construction site of a building or other construction work that-
(a) all runway or 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, trucks or heavier vehicles has a
width of not less than three point seven meters and is
provided with timber curbs or any other material of
adequate strength with not less than two hundred
millimeters by two hundred millimeters in width placed
55
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.
100. Slope of Ramps: Every 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 wheelbarrows does not exceed three point seven
metres, unless broken by horizontal landing of at least one point
two metres in length or as provided in accordance with the
relevant national standards.
101. 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 borrows, hand carts
or hand trucks is not less than one metre in width and is
constructed of not less than fifty millimeters thick planking
and is supported and braced suitably for such use;
every runway or ramp located more than three metres above the
floor or ground is provided on the open sides with suitable guard
rails of adequate strength.
CHAPTER IV
WORK ON OR ADJACENT TO WATER
102. Transport by water.- (1) Every 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;
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(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 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 lifebuoys on deck of such vessel is
at least to the number of crew members of such vessel
and is not less than two
(v) that all lifebuoys 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.
103. Prevention from drowning.- Every employer shall
ensure at a construction site of a building or other construction
work that where, on or adjacent to the workplace 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 there 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 for such work.
CHAPTER – V
TRANSPORT AND EARTH MOVING EQUIPMENT
104. Earth moving equipment and vehicles.- Every
employer shall ensure at a construction site of a building or other
construction work that,-
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(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 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 mentioned;
(b) all transport or earth moving equipment and vehicles
are inspected at least 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;
© power trucks 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 equipments are not loaded beyond their
safe carrying capacity which shall be clearly marked on
such trucks and other equipments;
(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 unauthorized person rides the transport equipment
employed in such work;
58
(i) a driver of a 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 persons who are
adequately trained and possess such skill as are required
for safe operation of such equipment, vehicle or other
transport equipment.
105. Power shovels and excavators: Every 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;
© 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.
106. Bulldozers: Every employer shall ensure at a
construction site of a building or other construction work that-
(a) an operator of bulldozer before leaving such bulldozer-
(i) applies the brakes;
(ii) lowers the blade and sipper; and
(iii) puts the shift lever into neutral.
59
(b) a bulldozer is left on level ground at the close of the
work for which such bulldozer is used;
© 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.
107. Scrapers: Every 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;
© a scraper moving downhill is left in gear.
108. Mobile asphalt layers and finishers: Every employer
shall ensure at 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;
© 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 workplace 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.
109. Pavers: Every 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.
110. Road rollers: Every employer shall ensure at a
construction site of a building or other construction work that60
(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;
a roller is not moved downhill with the engine out of gear.
111. General safety.- Every 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;
© when a crane or shovel are traveling, 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 when such traveling is
downhill.
CHAPTER – VI
CONCRETE WORK
112. General provisions regarding use of concrete: Every
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 plans 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
(iv) explain the sequence of steps to be taken for
completion of such construction;
61
(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 form work or shores;
© formwork structure used for concrete work has
sufficient cat-walks and other secure access for inspection of such
structure if such structure is in two or more tiers.
113. Preparation and pouring of concrete and erection of
concrete structures.- Every 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; takes all
necessary precautions to keep cement and concrete
away from his skin in such handling;
(b) lime pits are fenced or enclosed;
© 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, grouting 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.
114. Buckets.- Every 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.
115. Pipes and Pumps.- Every 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;
62
(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;
© 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.
116. Mixing and pouring of concrete.- Every 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;
© 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.
117. Concrete panels and slabs.- Every employer shall
ensure at a construction site 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;
63
© temporary bracing of concrete panels are securely
fastened to prevent any part of such panels from falling when
such panels are being moved.
118. stressed and tensioned elements.- Every 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 is 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;
© 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 pre-stressed 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.
119. Vibrators.- Every 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;
© 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.
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120. Inspection and supervision.- Every 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;
© 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 © is remedied
immediately;
(e) a person responsible for a concreting work keeps all
records of inspections referred to in clause (a) and clause (b) at the
workers place relating to such inspection and produce them for
inspection upon the demand of an Inspector having jurisdiction.
121. Beams, floors and roofs.- Every 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 form work 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;
© where the floor to ceiling height of a concreting work
exceeds nine meters 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 concrete 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 or such formwork are kept at such
construction site and produced on demand before the Inspector
having jurisdiction;
65
(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.
122. Stripping.- Every 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 fully 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 stockpiled
promptly after stripping from all areas in which building
workers are required to work or pass;
© protruding nails, wire ties and other formwork
accessories not required for subsequently concreting work are
pulled, cut or otherwise made safe.
123. Reshoring.- Every 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 – VII
DEMOLITION
124. Preparation.- Every 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 putoff
and suitably capped and the concerned department of the
appropriate 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.
125. Protection of adjacent structures.- Every employer
responsible for a demolition work at a construction site of a
66
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.
126. Demolition of walls, partitions, etc.- Every employer
shall ensure at a construction site of a building or other
construction work that:
(a) any demolition of walls or partitions is proceeded in a
systematic manner as per the standard safe operating practices
and all work above each tier of any floor beams is completed
before the safety of the supports of such beam is impaired,
(b) masonry is neither loosened nor permitted to fall in
such masses or volume or weight as to endanger the structural
stability of any floor or structural support;
© no wall, chimney or other structure or part of a structure
is left unguarded in such a condition that it may fall, collapse or
weaken due to wind pressure or vibration;
(d) in the case of demolition of exterior walls by hand, safe
footing is provided for the building workers employed for such
demolition in the form of sound flooring or scaffolds;
(e) walls or partitions which are to be demolished by hand
are not left standing more than one story high above the
uppermost floor on which persons are working.
127. Method of operation.- Every employer shall ensure at
construction site of a building or other construction work that
debris, bricks and other materials or articles are removed:
(i) by means of chutes;
(ii) by means of buckets or hoists;
(iii) through openings in the floors; or
(iv) by any other safe means.
128. Access to floor.- Every employer shall ensure at a
construction site of a building or other construction work that
safe access to and egress from every building is provided at all
67
times in the course of demolition of such building by means of
entrances, hallways, stairways or ladder runs which are so
protected as to safeguard the building workers using such means
from falling material or articles.
129. Demolition of structural steel.- Every employer shall
ensure at a construction site of a building or other construction
work that,-
(a) all steel structures are demolished column by column
and tier by tier and every structural member which is being
demolished is not under any stress and such structural member is
suitably lashed to prevent it from any uncontrolled swinging or
dropping or falling;
(b) large structural members are not thrown or dropped
from the building but are carefully lowered by adopting suitable
safe method.
© where a lifting appliance like a derrick is used for
demolition the floor on which such lifting appliance rests is
completely planked over or supported and such floor is of
adequate strength to sustain bearing load for such lifting
appliance and its operation.
130. Storage of material or article.- Every employer shall
ensure at a construction site of a building or other construction
work that:
(a) all materials or articles are not stored or kept on
platform, floor or stairways of a building being demolished;
Provided that this clause shall not apply to the floor of a
building when such floor is of such strength as to support safely
the load to be superimposed by storing such materials or articles;
(b) an access to any stairway or passageway is not affected
or blocked by storing any material or article;
© suitable barricades are provided so as to prevent
materials or articles from sliding or rebounding into any space
used by the building workers.
131. Floor opening.- Every employer shall ensure at a
construction site of a building or other construction work that
every opening used for the removal of debris from every floor
which is not closed to access, except the top or working floor is
provided with an enclosure from such floor to its ceiling, or such
opening is so barricaded that no building worker has access to
within a horizontal distance of six metres from such opening
through which debris is being dropped.
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132. Inspection.- Every employer shall ensure at a
construction site of a building or other construction work that a
person responsible for demolition work makes continuous
inspections during demolition process of such demolition work
so as to detect any hazard resulting from weakened or
deteriorated floors or walls or loosened materials or articles
during such demolition process and that no building worker is
permitted to work where such hazards exist unless remedial
measures like shoring or bracing are taken to prevent such
hazards.
133. Warning signs, barricades, etc.- Every employer shall
ensure at a construction site of a building or other construction
work that,-
(a) barricades and warning signs are erected along every
side throughout the length and breadth of a building or other
construction work to be demolished to prevent unauthorized
persons from entering into the site of such building or other
construction work during demolition operations;
(b) during the demolition of an exterior masonry wall or a
roof from a point more than twelve metre above the adjoining
ground level of such wall or roof, if persons below such wall or
roof are exposed to falling objects, suitable and safe catch
platforms shall be provided and maintained at a level not more
than six metres below the working level except where an exterior
built-up scaffold is provided for safe and adequate protection of
such persons;
© suitable and standard warning signs in accordance with
national standards are displayed or erected at conspicuous places
or position at the workplace.
134. Mechanical method of demolition.- Every employer
shall ensure at a construction site of a building or other
construction work that the following requirements are fulfilled
in case the mechanical method of demolition like use of swinging
weight, clamshell bucket, power shovel, bulldozer or other
similar mechanical methods are used for the purpose of
demolition, namely:-
(a) that the building or structure or remaining portion
thereof shall be not more than twenty four metres in height;
(b) that where a swinging weight is used for demolition, a
zone of such demolition having a radius of at least one and a half
times the height of the structure or portion thereof being so
demolished shall be maintained around the points of impact of
such swinging weight;
69
© where a clamshell bucket is being used for demolition,
a zone of demolition shall be maintained within eight metres of
the line of travel of such bucket;
(d) that where other mechanical methods are being used to
affect total or partial collapse of a building or other construction
work, there shall be maintained, in the area into which the
affected portion of such building or other construction work may
fall, a zone of demolition at least one and a half times the height
of such affected portion thereof; and
(e) no person other than building workers or other persons
essential to the operation of demolition work shall be permitted
to enter a zone of demolition referred to in clause (a) which
shall be provided with substantial barricades.
CHAPTER – VIII
EXCAVATION AND TUNNELING WORKS
135. Notification of intention to carry out excavation and
tunneling work.- (1) Every employer carrying out any
excavation or tunneling work at a construction site of a building
or other construction work shall, within thirty days prior to the
commencement of such excavation or tunneling work, inform in
writing the detailed layout plans, method of construction and
schedule of such excavation or tunneling work to the Chief
Inspector of Inspection Building and Construction.
(2) In case compressed air is used in such excavation or
tunneling work or any work incidental to or required for such
excavation or tunneling work, the technical details and drawings
of all man-locks and medical locks together with names and
addresses of all construction medical officers having
qualification as laid down in Schedule-II and so appointed by
such employer for the purpose of such excavation or tunneling
work shall be sent to the Chief Inspector of Inspection Building
and Construction.
136. Project Engineer.- (1)Every employer undertaking any
excavation or tunneling work shall appoint a project engineer
for safe operation of such projects of such excavation or
tunneling work for which such engineer is appointed.
(2) Such project engineer shall exercise overall control of
the operations and the activities at such project and be
responsible for carrying out the activities safely.
137. Responsible person.- (1) Every employer undertaking
excavation or tunneling work at a construction site of a building
70
or other construction work shall appoint a responsible person for
safe operation for such excavation or tunneling work.
(2) Duties and responsibilities of the responsible person
referred to in sub-rule (1) person shall include:
(a) to carry out smoothly such excavation or tunneling
work;
(b) to inspect and rectify any hazardous situation
relating to such excavation or funneling work;
© to take remedial measures to avoid any unsafe
practice or conditions relating to such excavation or
tunneling work.
(3) The name and address of the responsible person referred
to in sub-rule (1) shall be forwarded to the Director General.
(4) Nothing contained in this rule, shall reduce the ultimate
responsibility of the employer.
138. Warning signs and notices.- Every employer shall
ensure at a construction site of a building or other construction
work that,-
(a) suitable warning signs or notices, required for the safety
of building workers carrying out the work of an excavation or
tunneling shall be displayed or erected at conspicuous places
in Hindi and in a language understood by the majority of such
building workers at such excavation or tunneling work;
(b) such warning signs and notices with regard to
compressed air working shall include:
(i) the danger involved in such compressed air work;
(ii) fire and explosion hazards;
(iii) the emergency procedures for rescue from such
danger or hazards.
139. Register of employment, etc.- (1) Every employer
shall ensure that at a construction site of a building or other
construction work where an excavation or tunneling work is
being carried on, a register of employment of building workers
carrying out such excavation or tunneling work, is maintained
and produced on demand to the Inspector having jurisdiction.
Periods of work of such excavation or tunneling work in
which such building workers are employed, shall be maintained
in a register on a day to day basis and such register shall be
produced on demand to the inspector having jurisdiction.
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140. Illumination.- (1) Every employer shall ensure at a
construction site of a building or other construction work that all
workplaces where excavation or tunneling works are carried out
shall be adequately illuminated in accordance with the relevant
national standards.
(2) Every employer carrying out excavation or tunneling
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
workplaces where such excavation or tunneling work is being
carried out, in case of power failure.
141. Stability of structure.- Every 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 workplace or other areas to be excavated
or where tunneling works is to be carried out, the project
engineer referred to in Rule 156 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;
© the excavation and its vicinity are checked by a
responsible person referred to in Rule 160 after every rain, storm
or other occurrences carrying hazards and in case a hazard is
noticed at 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 160 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 overhanging
such bank;
(f) excavated material is not stored at least zero point six
five meters from the edge of an open excavation or trench and
the banks of such excavation or trench are stripped of loose
72
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 160 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.
142. Piling, shoring and bracing.- Every employer shall
ensure at a construction site of a building or other construction
work that,-
(a) plank used for sheet piling in excavation or tunneling
work is of sound material with adequate strength;
(b) shores and braces used in excavation or tunneling work
are of adequate dimensions and are so placed as to be effective
for their intended purposes;
© earth supported shores braces used in excavation or
tunneling work bear against a footing of sufficient area and
stability to prevent the shifting of such shores or braces.
143. Safe access.- Every employer shall ensure at a
construction site of a building or other construction work that
ladders, staircases or ramps are provided, as the case may be, for
safe access to and egress from excavation where the depth of such
excavation exceeds one point five metres and such ladders,
staircases or ramps comply with the relevant national standards.
144. Trenches.- Every construction work that a trench or
excavation is protected against falling of a person by suitable
measures if the depth of such trench or excavation exceeds one
and a half meters and such protection is an improved protection
in accordance with the design and drawing of a professional
engineer, where such depth exceeds four meters.
145. Depth of trenches.- Every employer shall ensure at a
construction site of a building or other construction work that:
(a) where the depth of a trench requires two lengths of
sheet piling, one above the other, the lower piling is set inside
the bottom strings or walls of the upper piling and such sheet
piling is driven down and braced as the excavation continues;
(b) all metal sheet piles used in excavation or a trench are
welded end to end and secured by other similar means.
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146. Positioning and use of machinery.- Every employer
shall ensure at a construction site of a building or other
construction work that any machinery used in excavation and
tunneling work is positioned and operated in such a way that
such machinery does not endanger the operator of such
machinery or any other person in the vicinity.
147. Breathing apparatus.- Every employer shall ensure at
a construction site of a building or other construction work
that,-
(a) suitable breathing apparatus is provided to a building
worker while working in compressed air environment for his use
at excavation or tunneling work; and
(b) such breathing apparatus is maintained in good
working condition at all times.
148. Safety measures for tunneling operation.- Every
employer shall ensure at a construction site of a building or other
construction work that:
(a) where there is a danger of falling or sliding of material
from the roof face or wall of a tunnel, adequate measures such as
shoring, supporting by means of rock bolts, segments or steel sets
are taken for the safety of building workers;
(b) the excavated areas are made safe by use of suitably
designed and installed steel sets, rock bolts or similar other safe
means;
© the responsible person referred to in Rule 160 examines
and inspects the workplaces in a tunnel before the
commencement of work in such tunnel, and a regular intervals
thereafter, to ensure safety of the building workers in such
tunnel;
(d) the portal areas of a tunnel with loose soil, or rock,
likely to cause injury to a person are adequately protected with
supports.
149. Pneumatic tools.- Every employer shall ensure at a
construction site of a building or other construction work that
supply lines to pneumatic tools used within a tunnel are fitted
with water trap or safety chain or safety wire , as the case may
be.
150. Shafts.- Every employer shall ensure at a construction
site of a building or other construction work that,-
(a) surroundings of a shaft used in excavation or tunnel
work are protected from being washed away by construction of
sufficient height;
74
(b) where a building worker is required to enter a shaft at
an excavation or tunneling work, safe means of access is provided
for such entry;
© every shaft at excavation or tunneling work is provided
with a steel casing, concrete piping, timber shoring or other
materials of adequate strength for the safety of building workers
working in such shaft;
(d) such casing and bracing are provided to a shaft at an
excavation or tunneling work up to the depth of such shaft at an
excavation or tunneling work according to the appropriate
design for such casing and bracing;
(e) a reinforced concrete raft and beam is provided around
the opening of a shaft at an excavation or tunneling work if the
ground surrounding such opening is unstable or unsafe.
151. Lift for shaft.- Every employer shall ensure at a
construction site of a building or other construction work that lift
is provided for transport of building workers and materials or
articles at an excavation or tunneling work required to descend
more than fifty meters in a shaft.
152. Means of communication.- Every employer shall
ensure at a construction site of a building or other construction
work that;
(a) reliable and effective means of communication such as
telephone or walkie-talkie are provided and are maintained in
working order for arranging better and effective communication
at an excavation or tunneling work at the following locations,
namely;
(i) working chamber at a face of an excavation;
(ii) intervals of hundred metres along the tunnel;
(iii) working chamber side of a manlock
near the door of such man-lock;
(iv) interior of each chamber of a man-lock;
(v) location conspicuous a lock attendant’s station;
(vi) a compressor plant;
(vii) a first-aid station; and
(viii) outside the portal or the top of a shaft;
(b) such number of bells and whistles are made available at all
times at the locations referred to in sub-clause (i) to sub-clause
(vii) of clause(a) as are necessary for the safety of persons at such
locations.
75
153. Signals.- Every employer shall ensure at a
construction site of a building of other construction work that the
standard audio or video signals are used in excavation or
tunneling work and are conspicuously located or displayed near
entrance to the workplace and in such other locations as may be
necessary to bring such signals to notice of all building workers
employed in such excavation or tunneling work.
154. Clearances.- Every employer shall ensure at a
construction site of a building or other construction work that,–
(a) the minimum lateral clearance of half a meter is
maintained between any part of a vehicle and any fixture or any
equipment used in an excavation or tunneling work after
allowing the throw or swing of such fixture or equipment;
(b) the overhead clearance for a locomotive drive at
excavation or tunneling work is not less than one point one zero
meters above the seat of such driver and not less than two meters
above the platform where such driver stands or of any other
dimension in accordance with the relevant national standard.
155. Shelters.- Every employer shall ensure at a
construction site of a building or other construction work that
the adequate number of shelters for the safeguard of the building
workers are provided where, in the course of working they are
liable to be struck by a moving vehicle or other material handling
equipment in a tunnel.
156. Use of internal combustion engine.- Every employer
shall ensure at a construction site of a building or other
construction work that no internal combustion engine is used
underground in excavation or tunneling work unless such engine
is so constructed that,-
(a) the air entering the engine gets cleared before entry; and
(b) no fumes or sparks are emitted by the engine.
157. Inflammable oils.- Every employer shall ensure at a
construction site of a building or other construction work that
inflammable oils with the flash point below the working
temperature that is likely to be encountered in a tunnel are not
used in excavation or tunneling work.
158. Coupling and hoses.- Every employer shall ensure at a
construction site of a building or other construction work that
only high pressure hydraulic hoses and couplings are used on
hydraulic plants underground and such hoses and couplings are
adequately protected against any possible damage in excavation
or tunneling work.
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159. Hose installation.- Every employer shall ensure at a
construction site of a building or other construction work that all
hydraulic lines and plants working at a temperature exceeding
seventy degree centigrade are protected by adequate insulation or
otherwise against accidental human contact in excavation or
tunneling work.
160. Fire resistant hoses.- Every employer shall ensure at a
construction site of a building or other construction work that no
fire hydraulic hoses other than fire resistant hydraulic hoses are
used when hydraulically activated machinery and equipment is
employed in tunnels.
161. Flame proof equipment.- Every employer shall ensure
at a construction site of a building or other construction work
that only flame proof equipment appropriate type as per
relevant national standards is used where there is a danger of
flammable or explosive atmosphere being prevalent inside the
tunnel.
162. Storing of oil and fuel underground.- Every employer
shall ensure at a construction site of a building or other
construction work that,-
(a) all oils, greases or fuels stored underground in
excavation or tunneling work are kept in tightly sealed
containers and in fire resistant areas at safe distances away from
explosive and other flammable chemicals;
(b) appropriate flame proof installation is used in such
storage areas as specified in clause (a).
163. Use of gases underground.- Every employer shall
ensure at a construction site of a building or other construction
work that,-
(a) petrol or liquefied petroleum gas or any other
flammable substance are not used, stored inside the tunnel except
with the prior approval of the project engineer under rule 109;
(b) after the use of the petroleum or liquefied petroleum
gas, or highly inflammable substance referred to in clause (a), all
remaining petroleum or liquefied petroleum gas or highly
inflammable substance are removed immediately from such
tunnel;
© no oxy-acetylene gas is used in a compressed air
environment in excavation or tunneling work.
164. Water for fire-fighting.- Every employer shall ensure
at a construction site of a building or other construction work
that,-
77
(a) adequate number of water outlets are provided on
excavation or tunneling work and are readily made accessible
throughout the tunnel for fire-fighting purposes and such water
outlets are maintained for effective fire-fighting;
(b) all air locks are equipped with fire-fighting facilities at
excavation or tunneling work.
© an audible fire alarm is provided to warn the building
workers whenever a fire breaks out on an excavation or
tunneling work;
(d) adequate number and types of fire extinguishers, in
accordance with relevant national standards, are provided and
made readily available to fight any outbreak of fire at an
excavation of tunneling work;
(e) fire extinguishers with vapourizing liquids and high
pressure carbon dioxide are not used in tunnels or other confined
spaces;
(f) the instruction regarding steps to be followed to fight
outbreak of fire, at an excavation or tunneling work, written in
Hindi or local language understood by the majority of the
building workers employed on such excavation or tunneling
work, are displayed at conspicuous and vulnerable places of such
excavation or tunneling work.
165. Flooding.- Every employer shall ensure at a
construction site of a building or other construction work that:
(a) watertight bulkhead doors are installed at the entrance
of a tunnel to prevent flooding during a tunneling work where
more than one tunnel is driven from a shaft;
(b) all necessary measures are taken to ensure that no
building worker is trapped in any isolated section of a tunnel
when any bulkhead door of such tunnel is closed;
© where there is likelihood of flooding or water rushing
into a tunnel during a tunneling work, arrangements are made
for immediate starting of water pumps to take out water of such
flooding or water rushing and for giving alert signals to the
building workers and other persons to keep them away from
danger.
166. Steel curtains.- Every employer shall ensure at a
construction site of a building or other construction work that
airtight steel curtains are provided in areas liable to flooding at
tunneling work and in case of descending tunnel such curtains
are provided in the top half of such tunnels to ensure the
retention of pockets of air for rescue purpose.
78
167. Rest shelters.- Every employer shall ensure at a
construction site of a building of other construction work that,-
(a) where building workers employed in a compressed air
environment in a tunneling work are required to remain at the
work site for one hour or more after decompression from
pressure exceeding one bar, adequate and suitable facilities are
provided for such building workers to rest;
(b) every man-lock, medical-lock and any other facility
inside these locks at an excavation a tunneling work is
maintained in a clean state and in good repairs;
© a first-aid room is provided and is readily available at a
construction site of a tunneling work;
(d) each man-lock attendant station is provided with a firstaid
box at a construction site of a tunneling work.
168. Permissible limit of exposure of chemicals.- Every
employer shall ensure at a construction site of a building or
other construction work that,-
(a) the working environment in a tunnel or a shaft in which
building workers are employed does not contain any of the
hazardous substances in concentrations beyond the permissible
limits as laid down in the Schedule - III;
(b) the responsible person referred to in rule 157 conducts
necessary test before the commencement of a tunneling work for
the day and at suitable intervals as fixed by the Chief Inspector
to ensure that the permissible limits of exposure are not
exceeded and a record of such test is maintained and is made
available for inspection to the inspector having jurisdiction, on
demand.
169. Ventilation.- Every employer shall ensure at a
construction site of a building or other construction work that all
working areas in a free air tunnel are provided with ventilation
system as approved by the Chief Inspector and the fresh air
supplied in such tunnel is not less than six cubic meters per
minute for each building worker employed underground in such
tunnel and the free air-flow movement inside such tunnel is not
less than nine meters per minute.
170. Air supply intake point.- Every employer shall ensure
at a construction site of a building or other construction work
that the air intake points for all air compressors are located at
places where such intake air does not get contaminated with
dust, fumes, vapour and exhaust gases or other contaminants.
79
171. Emergency Generators.- Every employer shall ensure
at a construction site of a building or other construction work
that,-
(a) every compressed air system in a tunnel is provided
with emergency power supply system for maintaining continued
supply of compressed air in such compressed air system and is
capable of operating air compressor and ancillary system of
such compressed air system;
(b) the emergency power supply system is maintained and
is readily available at all times at an excavation or tunneling
work.
172. Air mains.- Every employer shall ensure at a
construction site of a building or other construction work that
every air main supplying air to the working chamber, man-lock
or medical-lock used at a excavation or tunneling work is
protected against accidental damage and where it is not
practicable to provide such protection, a stand-by air main is
provided.
173. Bulkhead and air-locks: Every employer shall ensure
at a construction site of a building or other construction work
that,-
(a) a bulkhead or airtight diaphragms retaining compressed
air, when used within a tunnel or a shaft, is constructed to
withstand the maximum pressure at one point two five times the
maximum working pressure of such bulkhead or diaphragms and
such bulkhead or diaphragm is tested before its each use by a
responsible person referred to in rule 157 to ensure that such
bulkhead or diaphragm is in proper working order;
(b) such responsible person keeps the record of each rest
referred to in clause(a) and such record is produced for
inspection to the Inspector having jurisdiction on demand;
© the bulkhead or diaphragm referred to in clause(a) are
made of sound material of adequate strength and are able to
withstand the maximum pressure on which they are subjected to
at any time of their use;
(d) a bulkhead anchorage and air-lock is tested at its
workplace at an excavation or tunneling work immediately after
their installation at such place.
174. Diaphragms.- Every employer shall ensure at a
construction site of a building or other construction work that all
diaphragms which are in the form of horizontal decks across a
shaft used at excavation or tunneling work are securely
anchored.
80
175. Portable electrical hand tools.- Every employer shall
ensure at a construction site of a building or other construction
work that all portable electrical hand tools and inspection lamps
used underground or in a confined space at an excavation or
tunneling work are operated at a voltage not exceeding twentyfour
volts.
176. Circuit breaker.- Every employer shall ensure at a
construction site of a building or other construction work that,-
(a) adequate numbers of differential ground fault circuit
breakers are installed for every electrical distribution system and
its sub-systems used at an excavation or tunneling work and the
sensitivity of each of circuit breaker is adjusted in accordance
with the requirement set out in accordance with relevant
national standards;
(b) no semi-enclosed fuse unit is used in underground place
at on excavation or tunneling work.
177. Transformer.- Every employer shall ensure at a
construction site of a building or other construction work that no
transformer is used in any section of a tunnel under compressed
air unless such transformer is of the dry type and conforms to
the relevant national standards.
178. Live wires.- Every employer shall ensure at a
construction site of a building or other construction work that
there is not exposed live wire in working areas at an excavation
or tunneling work which are accessible to building workers other
than those authorized to work on such live lines.
179. Welding sets.- Every employer shall ensure at a
construction site of a building or other construction work that all
welding sets used in a tunnel are of adequate capacity and of
suitable type approved by the Chief Inspector of……
180. Quality and quantity of air.- Every employer shall
ensure at a construction site of a building or other construction
work that,-
(a) every working chamber at an excavation or tunneling
work where compressed air is used, the supply of such air is
maintained not less than zero point three cubic meters per
minute per person working therein;
(b) a reserve supply of compressed air is made available at
all times for man-locks and medical-locks used at a tunneling
work;
81
© the air supplied in a compressed air environment at a
tunneling work is as far as practicable free from odour and other
contaminants, namely, dust, fumes and other toxic substances.
181. Working temperature.- Every employer shall ensure at
a construction site of a building or other construction work that
the temperature in any working chamber at an excavation or
tunneling work where building workers are employed does not
exceed twenty-nine degree centigrade and that the arrangement is
maintained for keeping records in which the temperatures
measured by dry bulb and wet bulb inside such working chamber
once in every hour and to produce such records for inspection on
demand to the Inspector having jurisdiction.
182. Man-locks and working in compressed air
environment.- Every employer shall ensure at a construction site
of a building or other construction work that,-
(a) man-locks used at a tunneling work are of adequate
strength, made of sound material and designed to withstand any
air pressure, internal or external, to which it may be subjected to
in the normal use or in an emergency;
(b) (i) doors of man-locks at an excavation or tunneling
work are made of steel;
(ii) man-locks used at a tunneling work are airtight and
devices are provided for sealing the doors when
such locks are under pressure;
(iii) the anchorage of a man-lock used at tunneling work
have adequate strength to withstand the pressure
exerted by air on the man-lock
(iv) there is adequate room available for the building
worker for working in the man-lock used at
tunneling work.
(v) where work is carried out in any compressed air
tunnel, a man-lock in accordance with the relevant
national standards is used for such tunnel;
© (i) where a man-lock is used at tunneling work, safety
instructions in Hindi and in local language
understood by majority of building workers
employed therein are displaced at conspicuous
place at such tunneling work;
(ii) except in an emergency, compression and decompression
operations are carried out in a manlock
used at tunneling work;
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(iii) in an emergency any material-lock may be used at
tunneling work for compression and de-compression
of building worker and a record is kept in writing
and produced for inspection on demand to the
Inspector having jurisdiction;
(iv) material-lock is used with the permission from
Director-General for compression and decompression
of building workers, where it is
impracticable to install both the man-lock and the
material-lock at a tunneling work;
(v) de-compression of all building workers to
atmospheric condition at tunneling work is carried
out in accordance with a de-compression procedure
approved by the Chief Inspector of inspection of
building and construction.
(vi) the man-lock at tunneling work is not used for any
purpose other than compression or de-compression
of building workers;
(iv) no decanting of building workers at tunneling work
is carried out without prior approval of Chief
Inspector of…. except in an emergency;
(v) in case a building worker collapses or is taken ill
during his de-compression in a man-lock used at
tunneling work, the lock attendant of such man-lock
raises the pressure in such man-lock until such
pressure is equal to the maximum pressure which
that building worker was exposed to in the working
chamber prior to such de-compression and such lock
attendant immediately reports the matter relating to
such collapse to the medical-lock attendant and
medical officer on duty at such tunneling work;
(vi) a building worker who had previously received
training with a trained building worker to work in a
compressed air environment at tunneling work is
employed to work independently in such a
compressed air environment;
(vii) a building worker who had undergone three decompressions
from a pressure exceeding one bar in
a period of eight hours at tunneling work is not
allowed to enter a compressed air work;
(viii) a building worker employed in a compressed air
environment for a period of eight hours in a day at
tunneling work is not employed again in such
83
environment unless he has spent not less than
twelve consecutive hours of rest at atmospheric
pressure;
(ix) no building worker is engaged in a compressed air
environment at a pressure which exceeds three bars
at tunneling work unless prior permission, in
writing, has been obtained from the Chief Inspector
for such engagement;
(x) no building worker is employed in a compressed air
environment for more than fourteen consecutive
days in a month at tunneling work;
(xi) a register of employment of all building workers
employed in compressed air environment at
tunneling work, is maintained;
(xii) an identification badge is supplied to a building
worker employed in compressed air environment at
tunneling work;
(xiii) the badge of a building worker referred to in subclause
(xv) contains particulars of his name,
location of the medical-lock allotted to him for
work, the telephone number of the construction
Medical Officer concerned for his treatment and the
instructions in case of his illness of unknown and
doubtful causes;
(xiv) record of all identification badges supplied to
building workers under sub-cause (xvi) is kept in a
register;
(xv) every building worker whose name appears in the
register referred to in sub-clause (xvii) wears the
badge supplied to him under sub-clause (xv) at all
times during his duty hours at tunneling work;
(xix) suitable warning signs are displayed, in the
compressed air environment at tunneling work, for
the prohibition of following, namely:-
a. use of alcoholic drinks;
b. use and carrying of lighters, matches
or other sources of ignition;
c. smoking; and
d. an entry to person who has consumed
alcoholic drinks.
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183. Safety instruction.- Every employer shall ensure at a
construction site of a building or other construction work that all
building workers employed in compressed air environment at
funneling work follow the instructions issued for their safety in
the course of such employment.
184. Medical-lock.- Every employer shall ensure at a
construction site of a building or other construction work that,-
(a) a suitably constructed medical lock is maintained at
tunneling work where building workers are employed
in a working chamber at a pressure exceeding one bar;
(b) where more than one hundred building workers are
employed in a compressed air working environment
exceeding one bar at tunneling work, one medical-lock
is provided for every one hundred building workers or
part thereof and such medical-lock is situated as near
as possible to the main lock used at such tunneling
work.
CHAPTER - IX
CONSTRUCTION, REPAIR AND MAINTENANCE OF STEEP ROOF
185. Work on steep roofs.- Every employer shall ensure at a
construction site of a building or other construction work that all
practicable measures are provided to protect the building
workers against sliding when carrying out work on steep roofs.
186. Construction and installation of roofing brackets.-
Every employer shall ensure at a construction site of a building
or other construction work that,-
(a) roofing brackets are constructed to fit the pitch of steep
roof and such brackets are used to provide level working
platform;
(b) a roofing bracket referred to in clause (a) is secured in
its place by nailing pointed metal projections attached to the
underside of such bracket and securely driven into a steep roof
on which it is used or secured by a rope passed over the ridge
pole and tie of such roof;
187. Crawling boards.- Every employer shall ensure at a
construction site of a building or other construction work that,-
(a) all crawling boards used for work on steep roofs are of
adequate strength, made of sound material and of the type
approved for the purpose of their use as per relevant national
standards;
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(b) crawling board referred to in clause (a) are kept in good
repairs and inspected by a responsible person before being taken
into use;
© crawling board referred to in clause (a) is secured to
a step roof on which it is used by ridge hooks or other effective
means;
(d) a firmly fastened lifeline of adequate strength is strung
beside each crawling board referred to in clause ( a) throughout
its length while using crawling boards.
CHAPTER –X
LADDERS AND STEP-LADDERS
188. Construction and safe use.- The employer shall ensure
at a construction site of a building or other construction work
that,-
(a) every ladder or step-ladder used in building or other
construction work is of good construction, made of sound
material and of adequate strength for the purpose for which such
ladder or step-ladder is used;
(b) when a ladder is used as a means of communication,
such ladder is lashed to a fixed structure so that while working
on such ladder it does not slip;
© a ladder or step-ladder does not stand on loose bricks or
other loose packing and has a level and firm footing;
(d) where it is required, in case of use of fixed ladder,
sufficient foot-hold and hand-hold are provided for use by the
building worker;
(e) every ladder is,–
(i) secured so as to prevent undue swaying;
(ii) equally and properly supported on each of its
upright;
(iii) so used as not to cause undue sagging; and
(iv) placed as nearly as possible at an inclination of four
in one;
(f) the use of all ladders and step-ladders conform to the
relevant national standards for their use.
189. Rungs.- Every employer shall ensure at a construction
site of a building or other construction work that no ladder is
used which has a missing or defective rung or a rung which
depends for it support solely on nails, spikes or other similar
fixing.
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190. Materials for ladders.- Every employer shall ensure at
a construction site of a building or other construction work that
all wooden ladders used in building work,-
(a) are constructed upright of adequate strength and are
made of straight-grained wood, free from defects and having the
grain of such wood running lengthwise;
(b) have rungs made of straight-grained wood free from
defects and mortised or securely notched into the upright; and
© have reinforcing metal ties, if the tenons of such ladders
are not secured by wedges.
CHAPTER - XI
CATCH PLATFORM AND HOARDINGS, CHUTES, SAFETY
BELTS AND NETS
191. Catch Platforms: The employer shall ensure at a
construction site of a building or other construction work that -
(a) catch platform is not used for storage of material or as a
working platform;
(b) catch platform is at least two metres wide and is
inclined so that the position of outer edge of such platform is
fifteen hundred millimetres higher than the inner edge;
© the open end of catch platform is properly fenced to the
height not less than one metre.
192. Hoardings: Every employer shall ensure at a
construction site of building or other construction work that
hoardings are constructed when the Chief Inspector consider it
necessary for protection of building workers and directs such
employer to construct such hoardings.
193. Chutes, its construction and use: Every employer
shall ensure at a construction site of a building or other
construction work that;
(a) wooden or metal chutes which are at an angle of more
than forty five degrees to the horizontal and used for the removal
of materials are closed on all sides except at their openings used
for receiving or discharging of materials or articles;
(b) all openings of chutes except their top openings are
closed when not in use;
© every chute –
(i) is constructed of sound material, adequate
strength and is suitable for the purpose it is
intended for use;
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(ii) exceeding twelve metres in height is
constructed in accordance with the design and
drawings of a professional engineer for such
construction and approval of the Chief
Inspector .
(d) a suitable warning notice is displayed at conspicuous
location, written in Hindi and in a local language, at the
discharge end of every chute;
(e) every chute is cleared when debris has accumulated to a
height which can pose danger to building worker but such
clearance is done in no case less frequently than once a day.
194. Safety belt and its use: Every employer shall ensure at
a construction site of a building or other construction work that –
(a) safety belt, lifelines and devices for the attachment of
such lifelines conform to the relevant national standards;
(b) every building worker is supplied with safety belt and
safety lifelines for his protection and such building worker uses
such belts and lifelines during the performance of his work;
© all building workers using safety belts and safety
lifelines have the knowledge of safe use and maintenance of such
belts and lifelines and are supplied with necessary instructions;
(d) the responsible person for supervising the use of safety
belts and safety life lines referred to in clause (b) inspects and
ensures that such safety belts and life lines are fit for use before
taken into use at every time.
195. Safety net and its use: Every employer shall ensure at
a construction site of a building or other construction work that -
(a) every safety net is of adequate strength, made of sound
material and is suitable for use and conforms to the relevant
national standards;
(b) the responsible person for maintenance of safety nets
and their use ensures safe fixing of such safety nets and provides
such safety nets with suitable and sufficient anchorage so that the
purposes for which such safety net is intended for use is served.
196. Storage of safety belts and nets, etc: Every employer
shall ensure at a construction site of a building or other
construction work that proper arrangement is made for the safe
storage of safety belts, safety lifelines and safety nets when they
are not in use and are protected against mechanical damage,
damages from chemicals and damages from biological agents.
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CHAPTER - XII
STRUCTURAL FRAME AND FORMWORK
197. General Provision: Every employer shall ensure at a
construction site of a building or other construction work that -
(a) the trained building worker under the direct supervision
of a person, responsible for structural frame and formwork, are
employed for erection of such structural frame or formwork,
dismantling of building and structure and performance of an
engineering work, formwork, false work and shoring work;
(b) adequate measures are taken to guard against hazards
arising from any temporary state of weakness or unsuitability of
a structure.
198. Formwork, false work and shoring: The employer shall
ensure at a construction site of a building or other construction
work that-
(a) formwork and false work are so designed, constructed
and maintained that such formwork and false work support the
load that may be imposed on them;
(b) such formwork is so erected that working platform,
means of access, bracing, means of handling and stabilizing could
easily be fixed with such formwork.
199. Erection or dismantling of steel and prefabricated
structure: Every employer shall ensure at a construction site of a
building or other construction work that-
(a) the safety of building workers employed for the erection
or dismantling of steel structures and prefabricated
structures is ensured from danger by using appropriate
means such as the following, namely;
(i) ladders, gangways or fixed platforms;
(ii) platforms, buckets, boatswain’s chair or other
appropriate means suspended from lifting
appliances;
(iii) safety harness, lifelines, catch net or catch
platform;
(iv) power- operated mobile working platform;
(b) the work of erection or dismantling or building or
structures or form work or false work or shoring or any
other civil engineering work is carried out by trained
building workers under the supervision of a person
responsible for such work;
89
© steel or prefabricated structures are so designed and
made that such structure can be safely transported or
erected; and weight of each unit of such structures is
clearly marked on such unit;
(d) the design of each such part maintains stability of each
part of the structures referred to in clause (a), clause (b)
and clause© , when erected, and to prevent danger, the
design shall explicitly take into account –
(i) the relevant conditions and methods of attachment
in the operations of stripping, transport, storing
and temporary support during erection of such
parts; and
(ii) safeguards, such as provision of railings with
working platforms, and for mounting such railings
and platforms easily on the structural steel or
prefabricated parts;
(e) the hooks and other devices built in or provided on the
structural steel or prefabricated parts that are required
for lifting and transporting such parts are so shaped,
dimensioned and positioned to withstand the stresses to
which such hooks or other devices are subjected;
(f) prefabricated parts made of concrete are not stripped or
erected before such concrete has set and hardened
sufficiently to the extent provided for in the plans, and
such parts are examined by the responsible person for
any sign of damage before their use;
(g) store places are so constructed that –
(i) there is no risk of structural steel or prefabricated
parts falling or overturning;
(ii) storage conditions generally ensue stability and
avoid damage having regard to the method of
storage and atmospheric conditions; and
(iii) racks are set on firm ground and designed so that
units cannot move accidentally in such store
places;
(h) structural steel or prefabricated parts are not subjected
to stresses prejudicial to their stability while they are
stored or transported or raised or set down;
(i) tongs, clamps and other appliances for lifting structural
steel and prefabricated parts are –
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(a) in such shape and dimensions as to ensure a secure
grip;
(b) marked with the maximum permissible load
in the most unfavorable lifting conditions;
(j) structural steel or prefabricated parts are lifted by such
methods and appliances that prevent them from
spinning accidentally;
(k) structural steel or prefabricated parts are provided with
railings and working platforms before raising such parts
to prevent any danger of falling of building workers,
materials or articles at the time of any work with such
parts;
(l) all reasonably practical measures are taken to avoid
injury to building workers, building structure or
equipment, while structural steel or prefabricated parts
are handled or stored or transported or raised or
lowered;
(m) structures are not worked on during violent storms or
high winds or any other such hazardous situation;
(n) the risk of falling to which building workers, moving
on high or stopping girders, may be exposed is limited
by all means of adequate collective protection or by the
use of a safety harness which is well secured to a
sufficiently strong support;
(o) structural steel parts which are to be erected at a great
height are, as far as practicable, assembled on the
ground;
(p) when structural steel or prefabricated parts are being
erected, a sufficiently extended area underneath the
workplace shall be barricaded or guarded;
(q) steel trusses which are being erected are adequately
shored, braced or guyed until they are permanently
secured in position;
® structural members are not forced into place by the
hoisting machine while any building worker is in such a
position that he is likely to be injured by such
operation.
200. Formwork: Every employer shall ensure at a
construction site of a building or other construction work that -
(a) all formwork are properly designed keeping in view the
safety of building workers, building or structures;
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(b) a responsible person for structural frame and formwork:
(i) inspects and examines the material, timber,
structural steel and scaffolding for its strength and
suitability before being taken into use;
(ii) lays down procedures to cover all stages of such
structural frame and form work;
(iii) supervises such structural frame and formwork;
(iv) take all necessary steps or measures to correct any
situation with a view to prevent accident or
dangerous occurrence during performances of such
structural frame and formwork that.
201.Deshoring: Every employer shall ensure at a
construction site of a building or other construction that -
(a) when shoring is removed, sufficient props are left in
place of such shoring to prevent any possible hazard; and
(b) deshoring is adequately braced or tied together with
support to prevent any hazard.
CHAPTER - XIII
STACKING AND UNSTACKING
202. Stacking and unstacking of materials and articles.-
Every employer shall ensure at a construction site of a building
or other construction work that,-
(a) where stacking, unstacking, stowing or unstowing of
construction material or article, or handling in connection
therewith cannot be safely carried out unaided, reasonable
measures to guard against accident or dangerous occurrences are
taken by shoring or otherwise to prevent any danger likely to be
caused by such handling;
(b) stacking of material or article is made on firm
foundation not liable to settle and deviate such material or
article and does not overload the floor on which such stacking is
made;
© the material or articles, are not stacked against
partition or walls of a warehouse or store place unless it is known
that such partition or the wall is of sufficient strength to
withstand the pressure of such materials or articles;
(d) the materials or articles are not stacked to such a height
and in such a manner as would render the pile of such stack
unstable and cause hazards to the building workers or the public
in general;
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(e) where the building workers are working on stack
exceeding one point five metres in height, safe means or access
to the stack is provided;
(f) all stacking or unstacking operations are performed
under the supervision of a responsible person for such stacking
or unstacking;
(g) the stacking of construction materials or articles is not
made near the site of excavation, shaft, fit or any other such
opening;
(h) stacks which may lean heavily or become unstable or
collapse are barricaded.
203. Stacking of cement and other material bags.- Every
employer shall ensure at a construction site of a building or
other construction work that,–
(a) a stack pile is not more than ten bags in height unless
such stack pile is stacked in a suitable enclosure or otherwise
adequately supported;
(b) while removing bags from the stack pile, the stability of
such stack pile is ensured;
© bags containing cement or lime are stored on a firm
ground;
(d) the materials like bricks, tiles or clocks are stored on a
firm ground;
(e) reinforcing steel is stored according to its shape, size
and length;
(f) stack of reinforcing steel is kept as low as possible;
(g) no pipe is stored on rack or in stack where such pipe
is likely to fall by rolling;
(h) the angle of repose is maintained where loose materials
are stacked;
(i) when dust laden material is to be stored or handled,
measures are taken to suppress the dust produced by such storing
or handling and suitable personal protective equipments are
supplied to and used by the building workers working for such
storing or handling.
204. Disposal of debris.- Every employer shall ensure at a
construction site of a building or other construction work that-
(a) debris are handled and disposed of by a method
which does not cause danger to the safety or a
person;
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(b) debris are not allowed to accumulate so as to
constitute a hazard;
© debris are kept sufficiently moist to bring down
the dust within the permissible limit;
(d) debris are not thrown inside or outside from any
height of such building or other construction work;
on completion of work, left over building material, article or
other substance or debris are disposed of as soon as possible to
avoid hazard to any traffic or person.
205. Numbering and marking of floors.- Every employer
shall ensure that each floor or level of a building or other
construction work is appropriately numbered or marked at the
landing of such floor or level.
CHAPTER - XIV
SCAFFOLD
206. Scaffold construction.- Every employer shall ensure at
a construction site of building or other construction work that,-
(a) every scaffold and every component thereof is adequate
construction, made of sound material and free from defects and is
safe for the purposes for which it is intended for use;
(b) in case bamboo is used for scaffolding, such bamboo is
of suitable quality, good condition, free from protruding knots
and stripped off to avoid any injury to building workers during
handling such bamboo;
© all metal scaffolds used in building or other construction
work conform to the relevant national standards.
207. Supervision by a responsible person.- Every
employer shall ensure at a construction site of a building or other
construction work that not scaffold is erected, added, altered or
dismantled except under the supervision of a responsible person
for such erection, addition, alteration of dismantling.
208. Maintenance.- Every employer shall ensure at a
construction site of a building or other construction work that,–
(a) the scaffold used in building or other construction work
is maintained in good repairs and the measures are taken against
its accidental displacement or any other hazard;
(b) no scaffold or part thereof is partly dismantled and
allowed to remain in such a condition unless;-
94
(i) the stability or safety of the remaining portion
of such scaffold has been ensured by a responsible
person for the safety of such scaffolds;
(ii) in case the remaining part of such scaffold
cannot be used by the building workers, necessary
warning notice written in Hindi and in a language
understood by the majority of the building workers
that such scaffold is unfit for use, is displayed at the
place where such scaffold is erected.
209. Standards, ladger, putlogs.- Every employer shall
ensure at a construction site of a building or other construction
work that,-
(a) standards of a scaffold are:
(i) plumb, where practicable;
(ii) fixed sufficiently close together to secure the stability
of such scaffold having regard to all the possible
working situations and conditions for the intended
use of such scaffold;
(iii) spaced, as close as practicable, to ensure safety and
stability of such scaffold;
(b) adequate measures are taken to prevent displacement of
a standard of a scaffold either by providing sole pate or a base
plate, as necessary;
© ledgers of metal scaffold are placed at vertical intervals
with due regard to safety and stability of such scaffold.
(d) bamboo ledgers are kept as nearly as possible and are
placed and fastened to the standards of a scaffold with due
regard to the stability of such scaffold.
210. Working platform.- Every employer shall ensure at a
construction site of a building or other construction work that,–
(a) working platform is provided around the face or edge of
a building adjoining at every uppermost permanent floor of
such building under construction and at any level where
construction work of such building it carried out;
(b) a platform is designed to suit the number of building
workers to be employed on each day of a scaffold work on such
platform and the materials or articles and tools to be carried with
them in such bay;
© the safe working load and the number of building
workers to be employed in each bay of a scaffold are displayed
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for the information of all the building workers employed at such
construction site.
211. Board, plank and decking.- Every employer shall
ensure at a construction site of a building or other construction
work that,-
(a) board, plank and decking used in the construction of a
working platform is of uniform size and strength and is capable
of supporting the load and number of building workers in
accordance with the relevant national standards keeping in view
the safety of such building workers;
(b) metal decking, which forms part of a working platform ,
is provided with non-skid surface;
© no board or plank which forms the working platform is
projected beyond its end support unless it is effectively
prevented from tripping or lifting;
(d) board, plank or decking is fastened and secured;
(e) at any one time, not more than two working platforms
per bay, are used to support building workers or materials or
articles at such bay;
(f) adequate measure are taken to prevent injury which may
be caused by falling material and objects by using safety nets or
other suitable means;
(g) concrete, other debris or materials are not allowed to
accumulate at any platform on a scaffold;
(h) where a work is to be done at the end of a wall, working
platform at such workplace is faced or; wherever practicable, at
least zero point sixty meters beyond the end of such wall.
212. Repair of damaged scaffold.- Every employer shall
ensure at a construction site of a building or other construction
work that,-
(a) no building worker is permitted to work on a scaffold
which has been damaged or weakened unless adequate safety
measures have been taken to ensure the safety of such building
worker;
(b) necessary warning signs are displayed at such places
where repairs of scaffold are undertaken.
213. Opening.- Every employer shall ensure at a
construction site of a building or other construction work that,-
(a) there is no opening in any working platform except for
allowing access to such working platform;
96
(b) wherever opening on a platform is unavoidable,
necessary measures for protection against falling of objects or
building workers from such platform are taken by providing
suitable safety nets, belts or any other similar means;
© access from one working platform to another platform
on a scaffold, if required, is provided with suitable and safe
ladder for the use of building workers working on such
platforms.
214. Guardrails.- Every employer shall ensure at a
construction site of a building or other construction work that
every side of a working platform from which a person is likely to
fall is provided with suitable and safe guardrails and toe-board
of adequate strength to prevent fall of any building worker,
material or tools from such platform.
215. Scaffold used by building workers of different
employers.- Every employer shall ensure at a construction site of
a building or other construction work that,-
(a) where a scaffold or a part of a scaffold is used, which
has previously been used by another employer for his building
workers, such scaffold or part thereof is used only after its
inspection and examination by a reasonable person for its use
that such scaffold or part is safe and fit for such use;
(b) if any rectification, alteration or modification in a
scaffold or part thereof is needed to suit its use, such
rectification, alteration or modification is made in consultation
with the responsible person referred to in clause (a) before using
such scaffold or part.
216. Protection against electric power line.- Every
employer shall ensure at a construction site of a building or other
construction work that all necessary and practical measures for
protection are taken to prevent any building worker, working on
scaffold, from coming into contact with the electric wires or
dangerous equipment.
217. Screening net and wire nets.- Every employer shall
ensure at a construction site of a building or other construction
work that where a scaffold is erected in an area where the
construction activities may pose hazards to pedestrians or
vehicular traffic nearby from the falling of objects, wire nets or
screening nets are used to envelop such scaffold.
218. Tower scaffold.- Every employer shall ensure at a
construction site of a building or other construction work that,-
97
(a) the height of every tower scaffold used in building or
other construction work is not more than eight times, the lesser
of a base dimension of such scaffold;
(b) a tower scaffold is lashed to a building or a fixed
structure before being used by the building workers;
© any tower scaffold which can be moved or castered is:-
(i) constructed with due regard to the stability and,
if necessary, adequately weighed at the base;
(ii) used only on plain and even surface; and
(iii) has casters provided with positive locking
devices to hold such scaffold in position;
(d) no building worker remains on board scaffold, tools,
material when it is being shifted from one position to another
position.
219. Gear for suspension of scaffold.- Every employer shall
ensure at a construction site of a building or other construction
work that,-
(a) chains, ropes or lifting gears used for suspension of a
scaffold are of adequate strength, made of sound material and
suitable for the purposes of their use and are maintained in good
repairs;
(b) chains, wires, ropes or metal tubes used for the
suspension of a scaffold are-
(i) properly and securely fastened to every
anchorage point and to the scaffold ledgers of
other mains supporting members used for the
support of such scaffold; and
(ii) so positioned as to ensure stability of the
scaffold.
220. Trestle scaffold and cantilever scaffold.- Every
employer shall ensure at a construction side of a building or
other construction work that,-
(a) no trestle scaffold is constructed with more than three
tiers or if its working platforms is more than four point five
meters above the ground or floor or other surface upon which
such scaffold is erected such trestle scaffold is designed by
professional engineer and as the approval of Chief Inspector of
Inspector of Building and Construction before being taking into
use;
(b) no trestle scaffold is erected on a suspended scaffold;
98
© no cantilever or job scaffold is used unless it is
adequately supported, fixed and anchored on opposite side of its
support has out-riggers of adequate length and where necessary
sufficiently supported and braced to ensure safety and stability
of such scaffold;
(d) no working platform resting on bearers let into a wall at
one end without other support is used unless such bearers are of
adequate strength, braced through the wall and securely fastened
on the other side.
221. Scaffold supported by building.- Every employer shall
ensure at a construction site of a building or other construction
work that-
(a) no part of a building is used as support or part of a
scaffold unless such part of the building is made of sufficient
strength and made of sound material to afford safe support;
(b) overhanging eaves gutters are not used for supporting
scaffold;
© suspended scaffold is made of in accordance with the
relevant national standards before being used by the building
workers.
222. Use of winches and climbers for suspended scaffold.-
Every employer shall ensure at a construction site of a building
or other construction work that,-
(a) no suspended scaffold is raised or lowered by winches
or climbers unless such scaffold is made of such sound material,
adequate strength and has been tested and certified safe for use
of winches or climber for such raising or lowering by a competent
person before being taken into use;
(b) all suspended scaffolds counter-balanced by counterweights
are of types, approved by the Chief Inspector of
Inspector of Building and construction before being taken into
use for building or other construction work;
© the working platform of suspended scaffold is securely
fastened to the building or structure as to be safe and to prevent
such platform from swing;
(d) the safe working load which a suspended scaffold can
carry, is displayed where such scaffold is being used.
223. Safety devices for suspended scaffold.- Every
employer shall ensure at a construction site of a building or other
construction work that every suspended scaffold, raised or
lowered by the winches or climbers, is provided at each of its
suspension point with a safety rope with automatic safety device
99
mounted on each of such rope so that such safety rope with such
automatic safety device support the platform of such scaffold in
the event of failure of the primary suspension wire ropes,
winches, climbers or any part of the mechanism used for raising
or lowering such suspended scaffold:
Provided that this rule shall not apply,-
(a) where the platform of such scaffold is supported at two
independent suspension wire rope at or near each end of such
platform so that in the event of failure of one of such suspension
wire rope, the other wire rope is capable of sustaining the
weights of such platform and its load and prevent it from tilting;
or
(b) where a system is incorporated which operates
automatically to support the platform of such scaffold and its
load in the event of failure of the primary suspension wire roe of
such scaffold.
CHAPTER XV
COFFERDAMS AND CAISSONS
224. General Provisions: Every employer shall ensure at a
construction site of a building or other construction work that –
(a) every cofferdam and caisson is –
(i) of good construction, sound material and of
adequate strength;
(ii) provided with adequate means for building
workers to reach safely at the top of such
cofferdam or caisson, as the case may be, in the
event of an inrush of water;
(iii) provided with safe means of access to every place
where building workers are employed in such
cofferdam and caisson, as the case may be,
(b) the work relating to construction, positioning,
modification or dismantling of cofferdams or caissons is carried
out under the supervision of a responsible person;
© all cofferdams and caissons are inspected by a
responsible person at intervals as specified by the Chief
Inspector;
(d) a building worker is allowed to work in a cofferdam or
caisson after such cofferdam or caisson is inspected and found
safe by responsible person within such preceding period as
approved by the Chief Inspector and a record of such inspection
is maintained in a register;
100
(e) the work in compressed air in a cofferdam or caisson is –
(i) carried out in accordance with the procedure laid
down in the relevant national standards;
(ii) carried out by such building workers who have
completed eighteen years of age and are medically
examined as required under Rule 262;
(iii) carried out under the supervision of a responsible
person;
(f) if the work in cofferdam or caisson is carried out in
shifts, a record of the time spent by each building worker in each
such shift for carrying out the work is maintained in a register
with particulars of time taken for the compression of such
building worker, if any;
(g) at every work site or project in a cofferdam or caisson,
where building workers are employed to work in compressed air
environment, a construction Medical Officer assisted by a nurse
or trained first-aid attendant, is available at all times at such site
or project during such work;
(h) there is one stand by reserve compressor to meet the
emergency at each workplace or project in a cofferdam or caisson;
225. Pressure plant and equipment: Every employer shall
ensure at a construction site of a building or other construction
work that –
(a) the pressure plant and equipment –
(i) are examined and tested by the competent person
before being put into use for such work;
(ii) is of proper design and construction, sound material
and adequate strength to perform the work for which
it is used;
(iii) is properly maintained in good repairs and working
condition;
(b) the pressure plant and equipment referred to in clause
(a) is fitted with –
(i) a suitable safety valve or other effective device to
provide maximum safe discharge pressure from being
exceeded at any time;
(ii) a suitable pressure gauge with a dial range not less
than one point five times and not exceeding twice the
maximum working pressure, easily visible and
designed to show at all times, the internal pressure in
kilogram per square centimetre and marked with the
101
maximum safe working pressure at such plant and
equipment;
(iii) a suitable stop valve or valves by which the pressure
plant or the system of the pressure plant may be
isolated from the source of supply of pressure or
otherwise;
© every pressure plant or equipment shall be thoroughly
examined by the competent person –
(i) externally, once in every period of six months;
(ii) internally, once in every period of twelve months; and
(iii) by hydraulic test once in a period of four years.
PART – IV
CHAPTER - I
SAFETY ORGANIZATION
226. Number of Representatives of Employer and Building
workers in Safety Committees under section 38 and procedure
for electing representatives etc;- (1) the representatives of the
safety committee shall include the following namely:-
(1) Number of representatives of employer shall be five;
(2) Number of representatives of the building workers shall
be five;
(3)The representatives of the management on safety
committee shall include,-
(i) A senior officer, who by his position in the
organization can contribute effectively to the function
of the committee, shall be a Chairman A senior
officer, who by his position in the organization can
contribute effectively to the function of the
committee, shall be a Chairman;
(ii) A safety officer shall be the Secretary of the
Committee;
(4) the workers representatives on this committees shall be
elected by the workers;
(5) safety committee shall have meetings as often as
necessary but at least once in every quarter. The minutes
of the meeting shall be recorded and produced to the
Inspector on demand;
(6) safety committee shall have right–
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a. to ask for necessary information concerning health
and safety of the workers;
b. to seek any relevant information concerning health
and safety of the workers;
(7) where owing to the substantial number of workers, the
functions referred to in sub-rule (2) cannot be effectively
carried out by the Safety Committee. It may establish sub
committee as may be required, to assist it.
(8) the election for the workers representatives shall be
conducted by the Safety Officer.
(9) The safety committee shall meet at regular intervals at
least once in a month and it shall be chaired by the senior
person having overall control over the affairs of the
construction site
(10) The agenda and minutes of the meeting shall be circulated
to all concerned and it shall be in the language understood
by majority of the building workers and shall be produced
to the Inspector on demand for inspection The agenda and
minutes of the meeting shall be circulated to all concerned
and it shall be in the language understood by majority of
the building workers and shall be produced to the
Inspector on demand for inspection
(11) The decisions and recommendations of the safety
committee shall be complied with by the employer within
reasonable time limits
227. Functions of the safety committee.- The functions of
the safety committee shall be the following namely:-
(a) to identify probable causes of accident and unsafe practices
in building or other construction work and to suggest remedial
measures;
(b) to stimulate interest of employer and building workers in
safety by organizing safety weeks, safety competition, talks
and film shows on safety, preparing posters or taking similar
other measures as and when required or as necessary;
© to go round the construction site with a view to check
unsafe practices and detect unsafe conditions and to
recommend remedial measures for their rectification including
first-aid medical and welfare facilities;
(d) to look into the health hazards associated with handling
different types of explosives, chemicals and other construction
material measures including use of proper personal protective
equipment;
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(e) to suggest measures for improving welfare amenities in the
construction site and other miscellaneous aspects of safety,
health and welfare in building or other construction work;
(f) to bring to the notice of the employer the hazards
associated with use, handling and maintenance of the
equipment used during the course of building and other
construction work.
228. Qualifications and Duties of Safety Officers
appointed by Employer.- (1) In every establishment wherein five
hundred or more building workers are ordinarily employed, the
employer shall appoint Safety Officers as per the scale laid down
in Schedule-IV. Such Safety Officers may be assisted by suitable
and adequate staff.
(2) Duties, qualifications and the condition of service of
Safety Officers appointed under sub-rule (1) shall be as provided
in Schedule-IV.
(3) Wherever number of workers employed by single
employer is less than five hundred, such employers may form a
group and appoint a common Safety Officer for such group of
employers with prior permission of Chief Inspector.
229. Procedure for enquiry into causes of accident or
dangerous occurrence: (1) The enquiry under sub-section (2) or
sub-section (3) of Section 39 of the Act, as the case may be, shall
be conducted by the authority referred to in sub-clause (i) of
clause (b) of sub-rule (1) of Rule 230, in the following manner,
namely:-
(a) the enquiry shall be commenced as early as it may be,
and in any case, within fifteen days of the receipt of notice of
accident or dangerous occurrence under Rule 230;
(b) the enquiry may be conducted by the authority referred
to in sub-clause (i) of clause (b) of sub-Rule (1) of Rule 230
himself or by an Enquiry Officer appointed by Workmen’s
Compensation Commissioner;
© the authority or Enquiry Officer, as the case may be,
shall serve or cause to be served, notice in writing, informing the
date, time and place of such enquiry to all persons entitled to
appear in such enquiry and whose names and addresses are
known to such authority or Enquiry Officer;
(d) notwithstanding the provision of clause (b), for the
purpose of notifying other persons who may in any way be
concerned or be interested in such enquiry, the authority or
Enquiry Officer, as the case may be, may publish notice of such
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enquiry in one or more local newspapers, informing the date,
time and place of such enquiry.
(2) The person entitled to appear at the enquiry may include –
(a) an inspector or any officer of the State Government or
the State Government or an undertaking or public body,
concerned with the enforcement or compliance of safety
provisions of the Act and these rules in the concerned
establishment;
(b) a trade union or a workers association or an employers
association;
© the worker involved in the accident or his legal heir or
authorized representative;
(d) the owner of the premises in which the accident took
place;
(e) any other person, at the discretion of the authority or
the Enquiring Officer, as the case may be, who may be interested
in or be concerned with the cause of an accident or may have
knowledge about such cause or is likely to give material evidence
or produce a relevant document in connection with such accident
or dangerous occurrence.
(3) In case the entitled person referred to in sub-Rule (2) is
a body corporate, a company or any other organization,
association, group of persons such group may be represented
through an authorized representative including a Counsel or a
Solicitor.
(4) Subject to the provisions of sub-Rule (5) the enquiry
shall be held in public.
(5) In case where -
(a) the State Government is of the opinion that the matter of
the enquiry or any part of it are of such nature that it would be
against the interests of national security to hold the enquiry in
public and directs the said authority or the Enquiry Officer, as
the case may be, to hold the enquiry in camera; or
(b) on an application made by any party to the enquiry, the
authority or the Enquiry Officer, as the case may be, referred to
in sub-rule (1), if it or he is of the opinion that the holding of
public enquiry will lead to disclosure of information relating to a
trade secret, decides to hold the enquiry of such part of it in
camera, such enquiry shall not be held in public.
(6) Information disclosed by any person during the course
of hearing or evidence in the cases covered under sub-Rule (5)
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shall not be disclosed to any person except for the purpose of the
enquiry.
(7) The person entitled to appear under sub-Rule (2), called
for evidence or representing in an enquiry shall be entitled to
make an opening statement, give evidence, request the Enquiry
Officer to call for specified document or evidence, cross-examine
other person or to the extent and at the stage permitted by the
authority or Enquiry Officer holding the enquiry.
(8) Any evidence in an enquiry may be admitted at the
discretion of the authority or Enquiry Officer during the enquiry,
who may also direct that documents to be tendered in evidence
may be inspected by any person entitled or permitted to appear
at such enquiry and that facilities be afforded to such person to
take or obtain copies thereof.
(9) The authority or the Enquiry Officer holding an enquiry
may authorize any person, being an officer of the State
Government to assist such authority or enquiry officer where
necessary, for the purpose of conducting the enquiry, and the
officer so authorized may enter the premises of the concerned
establishment during working hours, inspect the records relevant
to such enquiry, investigate and take such evidence as may be
required to conduct such enquiry.
(10) The findings of the enquiry along with all evidence, in
original, including statement of witness shall be forwarded to the
authority specified under Section 39 of the Act within five days
of the completion of the enquiry in cases where sub-enquiry was
not conducted by such authority itself.
(11) A copy of the findings along with a brief statement of
facts relating to an enquiry conducted under this rule shall be
forwarded to the Chief Inspector and the State Government by
the authority referred to in sub-rule (1) of Rule 246.
230. Reporting of accidents.- (1) Every Employer shall send
notice of any accident on the construction site which either,–
(a) cause loss of life; or
(b) disable a building worker from working for a period of
forty-eight hours or more immediately following the
accident, shall forthwith be sent by telegram, telephone,
fax or similar other means including special messenger
within four hours in case of fatal accidents and seventytwo
hours, in case of other accidents involving building
workers, to –
(i) the Workmen’s Compensation Commissioner having
jurisdiction in the area in which the establishment in
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which such accident or dangerous occurrence took
place is located. Such Workmen’s Compensation
Commissioner shall be the authority appointed under
section 39 of the Act;
(ii) Board with which the building worker involved in
accident was registered as a beneficiary;
(iii) Chief Inspector of Inspection of Building and
construction; and
(iv) the next kin or other relative of building worker
involved in accident.
(2) Notice of any accident at a construction site of building
or other construction work which –
(a) causes loss of life; or
(b) disables such building worker from work for more
than ten days following the accident shall in addition
to those under clause (b) of sub-rule (1) also be sent to
–
(i) the officer in charge of the nearest police station;
(ii) the District Magistrate of if the District Magistrate
by order so desires to the Sub-Divisional
Magistrate.
(3) In the case of an accident falling under clause (b) of subrule
(1) or clause (b) of sub-rule (2), the injured building worker
shall be given first-aid and immediately thereafter be transferred
to a hospital or other place for medical treatment.
(4) Where any accident causing disablement subsequently
results in death of a building worker, notice in writing of such
death shall be communicated to the authorities as mentioned in
sub-rule (1) and sub-rule (2) within seventy-two hours of such
death.
(5) The following classes of dangerous occurrences shall be
reported to the Chief Inspector of Inspection of Building and
construction having jurisdiction, whether or not any death or
disablement is caused to a building worker, in the manner
prescribed in sub-rule (1) namely:-
(a) collapse or failure of lifting appliances or hoists or
conveyors or other similar equipment for handling
building or construction material or breakage or failure
of rope, chain or loose gear, overturning of cranes used
in building or other construction work; falling of objects
from height;
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(b) collapse or subsidence of soil, any wall, floor, gallery,
roof or any other part of any structure, platform,
staging, scaffolding or any means of access including
formwork;
© contract work, excavation, collapse of transmission;
(d) explosion of receiver or vessel used for storage, at a
pressure greater than atmospheric pressure, of any gas
or gases or any liquid or solid used as building
material;
(e) fire and explosion causing damage to any place on
construction site where building workers are employed;
(f) spillage or leakage of hazardous substances and damage
to their container;
(g) collapse, capsizing, toppling or collision of transport
equipment;
(h) leakage or release of harmful toxic gases at the
construction site.
(6) In case of failure of a lifting appliance, loose gear, hoist
or building and other construction work machinery and transport
equipment at a construction site of a building or other
construction work, such appliances, gear, hoist, machinery or
equipment and the site of such occurrence shall as far as
practicable, be kept undisturbed until inspected by the Inspector
having jurisdiction.
(7) Every notice given under sub-rule (1), sub-rule (2) or
sub-rule (4) or sub-rule (5) shall be followed by a written report
to the Chief Inspector of Inspector of Building and construction,
authority under section 39 of the Act, the Board and the Chief
Inspector of inspection of Building and Construction in Form -
XXXI under proper acknowledgement.
CHAPTER – II
EXPLOSIVES
231. Handling of explosives.- Every employer shall ensure
at a construction site of a building or other construction work
that,-
(a) all explosives are handled, used or stored in accordance
with the instructions and the material data sheet supplied by the
manufacturer of such explosives;
(b) the use of explosives is carried out in safe manner to
avoid injury to any person and under the direct supervision of a
responsible person;
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© before using any explosive, necessary warning and
danger signals are erected, at conspicuous places of such use to
warn the building workers and the general public of the danger
involved in such use.
232. Precautions.- Every employer shall ensure at a
construction site of a building or other construction work that,–
(a) the following precautions are observed at the places of
transporting, handling, storage and use of such explosives,
namely:-
(i) prohibition of smoking, naked lights and other
sources of ignition in the vicinity where explosives are
handled, stored and used;
(iii) to keep safe distance and to use non-sparking tools
while opening packages containing explosives;
(iv) to stop the use of explosives and handling thereof
while the weather conditions are not suitable for such
use or handling;
(b) in addition to the provisions of this chapter, all
measures and precautions required to be observed for use,
handling, storing or transportation of explosives under the rules
framed under the Explosives Act, 1884 (4 of 1884), are observed.
CHAPTER – III
PILING
233. General provisions.- Every employer shall ensure at a
construction site of a building or other construction work that,–
(a) all pile driving equipments are of good design and
sound construction, taking into account the ergonomic
principles and are properly maintained;
(b) a pile driver is firmly supported on a heavy timber still,
concrete bed or other secured foundation;
© in case a pile driver is required to be erected in
dangerous proximity to an electrical conductor all
necessary precautions are taken to ensure safety;
(d) the houses of steam and air hammer are securely lashed
to such hammer so as to prevent them from whipping in
case of connection or break;
(e) adequate precaution is taken to prevent the pile driver
from overturning;
(f) all necessary precaution is taken to prevent hammer
from missing the pile;
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(g) a responsible person for inspecting pile driving
equipment, inspects such equipment before taking it
into use and takes all appropriate measures as required
for the safety of building workers before commencing
piling work by such equipment.
234. Stability of adjacent structure.- Every employer shall
ensure at a construction site of a building or other construction
work that where there is any question of stability of a structure
for its adjoining areas to be piled, such structure is supported,
where necessary, by underpinning, sheet piling, shoring bracing
or by other means to ensure safety and stability of such structure
and to prevent injury to any person.
235. Protection of operator.- Every employer shall ensure at
a construction site of a building or other construction work that
an operator of every pile driving equipment is protected from
falling objects, steam, cinders or water by substantially covering
or otherwise or by other means.
236. Instruction to supervision of building workers
working on a pile driving equipment: Every employer shall
ensure at a construction site of a building or other construction
work that every building worker working on a pile driving
equipment is given instructions regarding safe work procedure to
be followed in piling operation and is supervised by a
responsible person throughout such work.
237. Entry of unauthorized person.- Every employer shall
ensure at construction site of a building or other construction
work that all piling areas where pile-driving equipment is in use
are effectively cordoned off to prevent entry of unauthorized
persons.
238. Inspection and maintenance of pile-driving
equipment.- Every employer shall ensure at a construction site of
a building or other construction work that,–
(a) pile–driving equipment is not taken into use until it has
been inspected by a responsible person and found to be safe for
such use;
(b) pile-driving equipment in use is inspected by a
responsible person for such inspection at suitable intervals to
ensure safety to the building worker working on such equipment;
© all pile lines and pulley blocks are inspected by a
responsible person before the beginning of such shift of piling
operations.
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239. Operation of pile-driving equipment.- Every employer
shall ensure at a construction site of a building or other
construction work that,–
(a) only experienced and trained building worker operates
pile-driving so as to avoid any probable danger for such
operation;
(b) pile-driving operations are governed by generally
prevalent and accepted signals so as to prevent any probable
danger from such operations;
© every building worker employed in pile driving
operation or in the vicinity of such pile driving operation wears
ear probable danger from such operations;
(d) pile are prepared at a distance, at least equal to twice
the length of the longest pile, from the place of pile-driving
operations;
(e) when a pile driver is not in use, the hammer of such
pile-driver is blocked at the bottom of the heads of such pile
driver.
240. Working platform on piling frames.- Every employer
shall ensure at a construction site of a building or other
construction work that where a structural tower supports the lead
of a pile driver, suitable working platforms of adequate strength
are provided on levels of such leads at which it is necessary for
the building workers to work and such platforms are provided
with a safety railing and toe boards on each side of such
platforms, expect on the hammer of such pile-driver or lead sides
of such platforms, except on the hammer of such pile-driver or
lead sides of such platform and where such platforms cannot be
provided with such railing and toe boards, a safety belt is
provided to each such building worker.
241. Pile testing.- Every employer shall ensure at a
construction site of a building or other construction work that,–
(a) the testing of pile is conducted under the supervision of
a responsible person for such testing;
(b) all practicable measures like displaying of warming
notices , barricading the area and other similar measures are
taken to protect the area where the pile testing is carried out;
© entry to a pile testing area is prohibited to general
public to ensure safety.
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PART – V
CHAPTER – I
MEDICAL FACILITIES
242. Medical examination of building workers, etc.- Every
employer shall ensure at a construction site of a building or other
construction work that,-
(a) a building worker who is employed for a
work involving such risk or hazards, inherent in such
work as the Director General considers appropriate
for the periodical medical examination of such
worker, is medically examined at such intervals as the
Chief Inspector of Inspector of Building and
construction may direct from time to time;
(b) every operator of a crane, which or other
lifting appliance, transport equipment or vehicle, is
medically examined before employing such operator
and again periodically, at such intervals as the Chief
Inspector of Inspection of Building and construction
may direct from time to time;
© the medical examination referred to in
clause (a) and clause (b) is in accordance with
Schedule - V, and is conducted by such medical
officers or at such Hospitals as are approved by the
State Government for the purpose from time to time;
(d) in case of a building worker who is exposed
to special occupational health hazard owing to job or
work assigned to such worker, the periodical medical
examination referred to in sub-clause (a) or sub-clause
(b) includes such special investigation as may be deemed
necessary by the construction medical officer examining
such building worker for the diagnosis of occupational
disease;
(e) no building worker is charged for the medical
examination referred to in sub-clause (a) or sub-clause
(b) and the cost of such examination is borne by the
employer employing such building worker;
(f) certificate of medical examination referred to
in clause (a) or clause (b) is issued in Form -XXXII;
(g) the record of the medical examination
referred to in clause (a) or clause (b) of every building
worker employed by him is maintained in a register in
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Form - XXXIII and such register shall be made available
to the Inspector having jurisdiction, on demand;
(h) in case a construction medical officer
examining a building worker under clause (a) or clause
15(b) of the opinion that such building worker so
examined is required to be taken away from the building
or other construction work at which he is employed for
health protection, such Medical officer shall inform the
employer of such building worker accordingly and such
employer shall inform such opinion to the board where
such worker is registered as a beneficiary.
243. Duties of construction Medical Officers: (1) The
medical examination referred to in sub-clause (a) or sub-clause
(b) of Rule 242 shall be carried out by a construction Medical
Officer.
(2) The duties and responsibilities of such construction
Medical Officer shall be as given below, namely:
(a) medical examination of building workers;
(b) first-aid care including emergency medical
treatment;
© notification of occupational diseases to the
concerned authorities in accordance with
these rules;
(d) immunization services;
(e) medical record upkeep and maintenance;
(f) health education including advisory services on
family planning, personal hygiene,
environmental sanitation and safety;
(g) referral services.
244. Occupational Health Centres: Every employer shall
ensure at a construction site of a building or other construction
work involving hazardous processes specified under Schedule -
VII annexed to these rules and -
(a) an occupational health centre, mobile or static, is provided
and maintained in good order at such site;
(b) service and facilities as per the scale laid down in Schedule
- VIII, annexed to these rules are provided at the
occupational health centre referred to in clause (a);
© a construction Medical Officer appointed at a occupational
health centre possesses the qualification as laid down in
Schedule - IX, annexed to these Rules.
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245. Ambulance room: The employer shall ensure at a
construction site of a building or other construction work that -
(a) in case five hundred or less workers are employed at
such construction site there is an ambulance room at such
construction site or an arrangement with a nearby hospital for
providing an ambulance room and such ambulance room is in the
charge of a qualified nurse and the service of such ambulance
room is available to building worker employed at such
construction site at every time when he is at work;
(b) in case more than five hundred building workers are
employed at such construction site there is an ambulance room
with effective communication system and ambulance room is in
the charge of a qualified nurse and the service of such ambulance
room is available to building worker employed at such
construction site at every time when he is at work; and such
ambulance room is in overall charge of a construction Medical
officer;
© an ambulance room referred clause (a) or clause (b) is
equipped with the articles specified in Schedule - IV, annexed to
these rules.
(d) record of all cases of accidents and sickness treated at
the ambulance room referred to in clause (a) or Clause (b) is
maintained and produced to the Inspector having jurisdiction on
demand.
246. Ambulance Van: Every employer shall ensure at a
construction site of a building or other construction work that an
ambulance Van is provided at such construction site or an
arrangement 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 ambulance Van is maintained in good repair and is
equipped with standard facilities specified in Schedule - V
annexed to these rules.
247. Stretchers: Every employer shall ensure at a
construction site of a building or other construction work that
sufficient number of Stretchers is provided at such construction
site so as to be readily available in an emergency.
248. Occupational health services for the building
workers: (1) Every employer shall ensure at a construction site of
a building or other construction work, where more than five
hundred building workers are employed that -
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(a) a special medical service or an occupational health
service is available at such construction site at all times and such
service shall-
(i) provide first-aid and emergency treatment;
(ii) Conduct special medical examination for occupational
hazards to such building workers before their
employment and there after at such intervals as may
be specified by the Chief Inspector from time to time.
(iii) Conduct training of first-aid personnel of such
medical service;
(iv) render advice to such employer on conditions of work
and improvement required to avoid hazards to the
health of such building workers;
(v) promote health education, including family welfare
among such building workers;
(vi) co-operate with the Inspector having jurisdiction in
the detection, measurement and evaluation of
chemical, physical or biological factors suspected of
being harmful to such building workers;
(vii) undertake immunization for all such building worker
against tetanus, typhoid, cholera and other infectious
diseases.
(b) the special medical service referred to in clause (a)
collaborates with the Labour Department or any other concerned
department or service of the State Government of Karnataka in
matters of treatment, job placement, accident prevention and
welfare of such building workers.
© the special medical service referred to in clause (a) is
headed by a construction Medical officer and is provided with
adequate staff laboratory and other equipments.
(d) the premises of the special medical service referred to
in clause (a) are conveniently accessible, comprise at least a
waiting room, a consulting room, a treatment room, a laboratory
and suitable accommodation for nurses and other staff of such
service.
(e) the special medical service referred to in clause (a)
maintains records pertaining to its activities referred to in subclauses
(i) to (vii) of clause (a) and sends to the Chief Inspector,
once in every three months, information in writing on –
(i) the state of health of such building workers; and
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(ii) the nature and cause of occupational injuries or
disease suffered by any of such building workers,
treatment provided to such worker and measures
taken to prevent recurrence of such injury or disease.
249. Notice of poisoning or occupational disease: Every
employer shall ensure at a construction site of a building or other
construction work that -
(a) when a building worker contracts any disease specified
in Schedule - II annexed to these Rules, a notice in Form - XXXIV
annexed to these rules is sent without delay to the Inspector,
having jurisdiction, and to the Board with which such building
worker is registered as a beneficiary;
© If any medical practitioner or construction medical
officer attends on a building worker suffering from any
disease referred to in clause a such medical practitioners
or construction medical officer sends information
regarding the name and full particulars of such building
worker and the disease suffered by him, to the Chief
Inspector without delay.
250. First-aid boxes.- Every employer shall ensure at a
construction site of a building or other construction work that,–
(a) sufficient number of first-aid boxes or cupboards are
provided and maintained for providing first-aid to the building
workers;
(b) every first-aid box or cupboard is distinctly marked
“First-aid” and is equipped with the articles specified in
Schedule - III;
© nothing except appliances or requisites for first-aid is
kept in a first-aid box or cupboard and such box or cupboard is
so kept as to protect it against contamination by dust or other
foreign matter and against penetration of moisture and such box
or cupboard is kept in the charge of a person trained in first-id
and is always readily available during working hours.
251. Emergency care services or emergency treatment.-
Every employer shall ensure at a construction site of a building
or other construction work that,–
(a) essential life saving aids and appliances required to handle
–
(i) head injuries and spinal injuries;
(ii) bleeding;
(iii) fractures and dislocations of bones and joints;
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(iv) crush injuries;
(v) shock, including electric shock;
(vi) dehydration due to any cause;
(vii) snake bite, insect bite, scorpion and bee stings;
(viii) burns including chemical burn;
(ix) bends or divers paralysis;
(x) other surgical, gynecological, obstetric, or pediatric
emergencies;
(xi) drowning;
(xii) sunstroke and frost bite to building workers,
are provided and properly maintained under the supervision of a
construction medical officer.
(b) the essential life saving aids for any emergent situation
referred to in sub-clauses (i) to (xii) of clause (a) are provided to
an injured or a sick building worker during his transportation
from such building site to a hospital and till such building
worker is attended by a doctor in such hospital;
© any other equipment or facilities required for emergency
care or treatment to the building workers arising from special
local conditions and construction processes at such building site,
specified by the State Government from time to time, are
provided.
PART – VI
INFORMATION TO BUREAU OF INDIAN STANDARDS252.
Furnishing of information to Bureau of Indian Standards.-
Every employer shall ensure at a construction site of a
building or other construction work that,–
(a) every architect and other professional like structural
engineer or project engineer involved in the
execution of a building or other construction project,
furnishes to the Bureau of Indian Standards, the
details regarding the performance of and deviations
or short-comings, if any, of the building materials,
articles or processes used in such building and
other construction project for which the Indian
Standards are already available;
(b) the architect and other professional referred to in
clause (a) informs to the Bureau of Indian Standards,
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the details of building materials, articles or
processes used in the building and other
construction activities for which the Indian
Standards do not exist with the Bureau of Indian
Standards and the performance of such materials,
articles or processes along with the suggestion for
their improvement to enable the Bureau of Indian
Standards to consider and form necessary standards.
PART - VII
HOURS OF WORK, MAINTENANCE OF REGISTERS,
WELFARE, PAYMENT OF WAGES, ETC.
CHAPTER - I
HOURS OF WORK, REST INTERVALS AND WEEKLY OFF, ETC.
253. Hours of work, intervals of rest and spread over, 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 on any day or for
more than 48 hours in a week, he shall in respect of overtime 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 hours to 06.00 hours.
254. 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
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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 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 substitute 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 worked 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 work 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.
255. 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 purpose of rule 254 shall mean a
period of twenty-four consecutive hours beginning from the time
when such shift ends;
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(b) the hours after mid–night during which such building
worker has worked shall be counted towards the previous day;
and
© the following day shall be deemed to be the period of
twenty four hours beginning from the time when such shifts ends.
256. Application of provision 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 253;
(b) no building worker employed in building and other
construction work shall be required or allowed to work for more
than fourteen consecutive days unless a rest of twenty four hours
is given for rest to such worker.
(2) Where the working hours in respect of building worker
employed in building or other construction work have exceeded
the hours of work as laid down in sub-rule (1) of rule 253 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.
CHAPTER – II
NOTICES, REGISTERS, RECORDS AND COLLECTION OF
STATISTICS
257. 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 English / Kannada and in the
local language understood by the majority of such building
workers.
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(2) A copy of the notice referred to in sub-rule (1) 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.
258. 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
Form-XXXV.
259. Muster roll, wages register, deduction register,
overtime 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) muster roll and a register of wages in Form - XXXVI and
Form - XXXVII, respectively:
Provided that combined register of wage-cum-muster roll in
Form - XXXVIII, shall be maintained by the employer where the
wage period for such building worker is a fortnight or less;
(b) a register of deductions for damage or loss, register of
fines and register of advances in Form - XXXIX, Form - XL and
Form -XLI, respectively;
© a register of overtime in Form - XLII, 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 wages period is one week or more, wage
book to each of such building worker in Form - XLIII 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 - XLIV to such building workers on termination
of his service on account of completion of such work or for any
other reasons;
© 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
authorized representative.
(3) In respect of an establishment to which the Payment of
Wages Act, 1936 (4 of 1936), or the 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
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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;
© 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 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 for 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 English / Kannada and in a local
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 workplace.
(7) The registers and other records relating to an
establishment are required to be maintained under the Act or
these rules, shall be maintained legibly in English / Kannada and
in a local 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 authorized by
the State Government for such propose.
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(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 advance has been
given to a 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 in Form - XXXIX, Form - XL, Form -
XLI or Form - XLII, as the case may be.
260. Returns: Every employer of a registered establishment
shall send annually a return relating to such establishment in
duplicate in Form - XLV 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.
PART- VIII
CHAPTER – I
WELFARE OF BUILDING WORKERS
261. Types of Latrines and urinals.- 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;
© every latrine or urinal shall be adequately lighted and
shall be maintained in a clean and sanitary condition at all times;
(d) every latrine or urinal other than those connected with a
flush sewage system shall comply with the requirements of the
public health authorities;
(e) water shall be provided by means of a tap or otherwise so
as to be conveniently accessible in or near every latrine or urinal;
(f) the walls, ceilings and partitions of every latrine or urinal
shall be white washed or colour washed once in every period of
four months.
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262. Obligation of Employers to provide Canteens under
section 37.- (1) every place wherein not less than two hundred
and fifty building workers are ordinarily employed, the employer
of 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 fifteen point two
metres from any latrine or urinal or any source of dust,
smoke or obnoxious fumes.
263. Foodstuff to be served in the canteen.- The foodstuffs
and other items to be served in the canteen, referred to in subrule
(1) of rule 262, shall be in conformity with the normal
dietary habits of the building workers.
264. 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 zero point two kilometers
from the canteen provided under sub-rule (1) of rule 262,
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.
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265. Charges of foodstuff.- (1) The charges for food stuffs,
beverages and other items served in the canteen provided under
sub-rule (1) of rule 262 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;
© the cost of purchase, repairs and replacement of
equipments including furniture, crockery, cutlery, utensils
and uniform 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 – II
WAGES
266. Date of Payment of Wages under section 45.- Every
employer shall ensure at a construction site of a building or other
construction work that,–
(a) the wages of every building worker employed at such
construction site where less than one thousand such
building workers are employed are paid before the
expiry of the seventh day and in other cases before the
expiry of tenth day after the last day of the period in
respect of which such wages are payable;
(b) in case the employment of such building worker is
terminated by or on behalf of such employer, the wages
earned by such building worker are paid before the
expiry of the second working day from the day on which
employment of such building worker is terminated;
© all payments of wages are made on a working day at
such construction site and during the working time and
on a date notified in advance and in case the work is
completed the final payment of wages is made within
forty eight hours of such completion of work.
267. Display of notices of wage regarding date of payment
of wages.- An employer shall ensure at a construction site of a
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building or other construction work that a notice showing the
period for which wages are to be paid, place and time of
disbursement of such wages is displayed at a conspicuous place
of such construction site in English / Kannada and in a local
language understood by the majority of building workers
employed at such construction site.
PART – IX
CHAPTER - I
POWER OF INSPECTORS
268. Exercise of Powers of Inspectors.- (1) An inspector
may, at a construction site of a building or other construction
work within local limits for which he is appointed while exercise
powers under section 43,-
(i) take on the spot or otherwise such evidence of any
person which he may deem necessary for the purpose of
any examination or enquiry connected with such
building and other construction work directly or
indirectly:
Provided that such person shall not be compelled by
such Inspector to answer any question or give any
evidence tending to incriminate him;
(ii) take photographs, video clips, sample weight or
measure or record or make such sketches as he may
consider necessary for the purpose of any examination
or inquiry under these rules;
(iii) hold an inquiry into the cause of any accident or
dangerous occurrence which he has reasons to believe
was the result of any operation connected with or
incidental to such building or other construction work
or of non-compliance with any of the provisions of the
Act or these rules.
(2) An Inspector may, within the local limits for which he is
appointed issue show-cause notice or warning to employers
regarding the safety, health or welfare of building workers
provided under the Act or the rules.
(3) An Inspector may, within the local limits for which he is
appointed, file a complaint in a court having jurisdiction or other
proceeding relating to an offence under the Act.
(4) An Inspector may, within the local limits for which he is
appointed, direct any contractor or any employer for getting the
building workers medically examined in accordance with the
provisions of these rules.
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(5) An Inspector may, within the local limits for which he is
appointed require a person having power of supervision and
control of a construction site of a building or other construction
work or the employer, project in-charge or site in-charge of such
construction site, as the case may be, to provide such means or
assistance as may be required by such Inspector for entry,
inspection, examination or inquiry for the exercise of his powers
under sub-section (1) of section 43 of the Act or this rule in
relation to such construction site, or project.
269. Prohibition order.- (1) If it appears to the Inspector
that any site or place at which any building or other construction
work is being carried on, is in such condition that it is dangerous
to life, safety or health of building workers or the general public,
he may in writing, serve on the employer of building or on the
owner of the establishment or on the person in charge of such
site or place, an order prohibiting any building or other
construction work at such site or place until measures have been
taken to remove the cause of the danger to his satisfaction.
(2) An Inspector serving an order under sub-rule (1) shall
endorse a copy to the Chief Inspector of Inspector of Building and
construction.
(3) Such prohibition order shall be complied with by the
employer forthwith.
By Order and in the name
of the Governor of Karnataka
(VIMALA KUMARI)
Under Secretary to Government
Labour Department
To:
The Compiler, Karnataka Gazette – for publication in the extraordinary
gazette of the next issue and to provide 50 copies to the
Government and 100 copies to the Labour Commissioner,
Karmika Bhavan, Bannerughatta Road, Bangalore.
Copy to:
1. The Accountant General (A &E), Karnataka, Bangalore
2. The Labour Commissioner, Karmika Bhavan, Bannerughatta
Road, Bangalore.
3. Concerned Officers – through Labour Commissioner
4. G P A to the Principal Secretary to Government, Labour
Department
5. Weekly Gazette
6. Section Guard Files / Spare copies