Professional Documents
Culture Documents
RM & RI Project
RM & RI Project
Submitted By;
Chandrakant Awasthi
Mithilesh Kr. Lala
Satnam Singh
Vivek Mittal
Introduction
The National Sample Survey Organisation (NSSO) carried out a sample survey
in 1999-2000 and its results showed that out of total workforce of 397 million,
only 28 million workers are employed in the organised sector and remaining in
the unorganised sector. It reveals that over a decade, the employment in the
organised sector has been almost stagnant or slightly declined.
Among the workers engaged in the informal sector, 70.21 million are full time and
9.5 million part times. Percentage of female workers to the total workers is 20.2
percent.
GDP Estimate
Sector Total Unorganized Informal
Sector Sector
Agriculture 454061 440128 440128
Mining 41594 3494 3494
Manufacturing 289014 94859 73990
Electricity, gas and water supply 44732 2773 2773
Construction 105149 61197 61197
Trade 239144 204199 193989
Hotels and Restaurants 23013 16709 15038
Transport and Storage 104305 67675 60231
Post and Telecommunication 28447 4371 3672
Financial Intermediation and 105662 10038 8231
Insurance
Real Estimate, Renting and 127758 108055 90766
Business Services
Public administration and 119671 0 0
Defence
Other Services 146123 60314 53076
Total 1828673 1073812 1006585
The construction industry is an essential contributor to the process of
development. Roads, dams, irrigation works, school, house, hospitals, factories
and other construction works are the physical foundation on which development
efforts and improving living standards are established. The products of the
construction industry are investment or capital goods. Thus construction industry
has linkage with rest of the economy in terms of generation of output and
employment.
The two broad categories of construction projects are building and civil
engineering. Building applies to projects involving houses, offices, shops,
factories, schools, hospitals, power plants, railway stations and so on. Civil
engineering applies to all the other built structures in our environments, including
roads, tunnels, bridges, railways, dams, canals and docks.
Though India has the human resource, it requires training in various skills for
absorption in the construction industry. The work force in construction sector is
most vulnerable because employment is permanently temporary, the employer
and employee relationship is very fragile and most of the time short-lived, the
work has inherent risk to life and limb due to lack of safety, health and welfare
facilities, coupled with uncertain working hours.
Construction labor form 7.5% of the world labor force and contributes to 16.4% of
fatal global occupational accidents. In India it is the largest economic activity
after agriculture, Health and Safety most neglected sector and accident and
occupational disease statistic not accurately available.
The construction industry is not only the process of building. It involves many
other type of aside from the building process, such as painting, landscaping,
electrical supply, telecommunications, plastering and paving. All these types of
work make up one industry, but each of them involves different exposure and
thus differing health hazards.
1. Physical hazards and mechanical injuries and outcome, like injuries, exposure
to noise and vibration, extreme heat or cold, work in windy, rainy, snowy or foggy
weather, non-ionizing ultraviolet radiation usually from exposure to the sun and
electric arc welding.
2. Chemical hazards such as dusts, fume, mists, vapors or gases. The biggest
risk the construction work force is Silicosis and asbestosis.
The associated addictions with alcohol, tobacco and smoking contribute to illness
and suffering.
In India there are about four million workers in the construction industry. Of
these, female workers represent a small, unknown number, but now they are
increasingly working in urban projects. The problems of women worker is still not
addressed adequately both by law makers and the employer. There is urgent
need to bring legislative stability to employment status, risk reduction by onsite
safety management and imparting training and skill development as demanded
by the type of construction sector, health protection and promotion through
preventive vaccination and family welfare programs.
In conclusion, the government and all stake holders connected with construction
industry must aim at accident prevention (save life and save limb), health
protection and psycho-social health, education, training and skill development,
must strengthen legal machinery and increase public awareness on OHS
legislation and standards and scope for applied research and development.
Study area and methodology
The study used both primary and secondary data. We reviewed relevant
literature using both academic and non-academic sources. A search was
undertaken within library of NIRD and documentation centres of organizations
focusing on the construction sector. The information gathered provided a good
base for raising research questions, and finalising the research instrument.
The primary data was collected in the capital city of Andhra pradesh, Hyderabad
between May 15 to June 7, 2010. The primary data was collected in three
phases: a scoping exercise aimed at gathering basic information on issues of
investigation, the main survey of 80 workers which researched issues relating to
employment within the construction sector, and a follow-up survey to probe the
specific issue related to risk involved in their livelihood and as in general.
Study area
Hyderabad, the capital city of Andhra Pradesh consists of the twin cities of
Hyderabad and Secunderabad and is a bustling 400-year-old metropolis with an
urban population of 6 million people approximately. Hyderabad is famous as the
former seat of the fabulously wealthy Nizams of Hyderabad. Built on the banks of
the river Musi, and surrounded by huge prehistoric rock formations like petrified,
gray elephants, Hyderabad is a blend of the fairy tale and earthy, a pot pourri of
old and new.
Hyderabad is the fifth largest cosmopolitan city in India, rich in culture, enduring
history and industrial growth. It is unique in being one of the few cities where
tradition and technology co-exist. With a dynamic leadership, the state is steering
the nation to new dimensions in the fields of Information Technology,
Biotechnology, Pharmaceuticals, and Business Management to emerge as a city
of immense business opportunities.
The new international airport scheduled to be ready by 2008 along with fabcity,
the outer ring road with satellite townships and the proposed mass rapid transit
system will usurp Hyderabad as the most sought out destination for real estate
developers. Therefore there is ample demand of construction workers to meet
the real estate boom.
Methodology
The first phase of the field research, the scoping exercise, was conducted during
the month of April 2010 by the group. During this phase, the group developed a
checklist of questions to be raised and discussed with lead persons in various
construction sites within the city. The questions included the following: type of
project, materials in use, tools in use, persons employed, terms of employment,
health safety and risk involved at different levels.
The aim of the scoping exercise was to gather relevant information for
developing and raising questions on the various risk involved in the lives of
construction workers in Hyderabad. The output of the scoping exercise was
analysed by the group. The exercise was useful in identifying sites within the city,
where construction work was ongoing, the general nature of the sector, and for
deciding which specific sites the main survey would focus on.
At the end of the exercise one of the sites, Attapur Road and surrounding
suburbs, was purposively sampled for a detailed survey using a standard
questionnaire. The questionnaire was administered in interviews with the
workers. It is presented in Appendix
Sampling
The study limited itself to purposive sampling. Although the scoping exercise
covered a number of sites within the city of Hyderabad, the main survey focused
on Attapur and surrounding areas. This was for a number of reasons. Among the
10 areas covered during the scoping exercise, Attapur was found to have the
most vibrant construction sector. At the same time, the scoping exercise revealed
that there were a number of incomplete construction projects within Attapur,
which attracted the interest of the group.
At study site level, the group used a non-systematic approach in locating specific
construction sites. This involved transect walk across the residential area looking
for active construction sites. This was after the failure to develop a sampling
frame due to many non-active sites. Since the concern of the survey was to
gather information on the construction labour force, the non-systematic approach
used in locating sites within Attapur was found to be adequate.
Within the sample of active construction sites in Attapur and surrounding areas, a
total of 80 respondents were interviewed. These respondents were mainly
working on projects developing flats and commercial cum residential buildings.
This is largely due to the nature of development in Attapur and surrounding areas
- high-rise low income residential development.
The respondents interviewed were mainly identified by foremen/owners of
development. This was because most of those in charge of the sites were
suspicious of the intentions of the study. Information gathered through
questionnaires was supplemented with the key informant interviews conducted
during the scoping exercise.
Data analysis
Data was analysed using both content analysis and Statistical Package for Social
Science (SPSS) analysis. In applying content analysis, a ten-column matrix
based on information gathered using a checklist of issues was developed. The
columns included information on the following: sample number and zone of
project, persons employed, terms of employment, health and safety, and
productivity. This grouping made information accessible for analysing issues of
concern to this study.
The Statistical Package for Social Science (SPSS) was applied in processing
information gathered using questionnaires. All of the information gathered during
the survey was entered into the computer package. Once entry was complete,
frequency distributions for all variables were generated to enable basic
understanding and analysis. Further grouping and analysis of variables was also
done using the same package.
The construction sector is large and dynamic and a small survey covering a
single area within one urban centre obviously has limitations. Consequently, this
study should be viewed as a pilot study of employment within the urban
construction sector. It cannot be taken to be representative of the construction
sector or the country as a whole.
The study is located within an urban context, which is quite different from the
rural set up. At the same time, the survey covered developments at the lowest
end of the market. It is possible that the scenario in upmarket areas with large-
scale constructors may be quite different.
On the other hand, the sample of individuals selected for interview (generally by
the site foreman) was clearly biased towards skilled workers. Three quarters of
those interviewed regarded themselves as skilled. Only 20 per cent considered
themselves unskilled. Hence unskilled workers were not represented in
proportion to their presence in the industry as a whole, as revealed in the
scooping exercise. Other limitations included sampling procedure.
Bio-data of respondents
Education
Forty-three per cent of the construction workers interviewed had only primary
education. The other 15 per cent had some senior secondary education, with 32
percent respondent reporting not having gone to school and around 10 percent
attended secondary education.
Although a high percentage had primary education, the study did not probe the
quality of the primary level education. It is possible that a number of them
dropped out of schooling.
Education
35
30
25
20
15
10
5
0
higher secondary
secondary
primary
no education
Skills and Training
The majority (60 per cent) of construction workers in the sample were skilled, 20
per cent semi-skilled, while 20 per cent said they had no skills. This means that
the sample was biased towards skilled workers. The majority of the skilled
tradesmen were masons, painters, plumbers or carpenters of grade two. Most
gained their skills through apprenticeship, largely trained by people belonging to
their own ethnic group. Such individuals are relatives, friends, or people known
through different informal networks.
skill level
unskilled
semi-skilled
skilled
0 10 20 30 40 50
The study revealed that the working conditions within the informal construction
system are generally poor. This is mainly due to the large pool of unemployed
construction workers who are more concerned about getting a job than the
working conditions and inherent benefits.
In assessing the nature of work, the most recurring response was that it is
tedious and tiresome (44 per cent) or risky and dangerous (10 per cent), as
shown in figure. Others (13 per cent) said it was fine since the respondents had
the required skills.
Worker's view
11%
36%
tedious & tiresome
risky and dangerous
fine
53%
Although work within the construction sector is considered tedious and tiresome,
the majority of informal construction workers had been working within the sector
for more than one year. Table shows that a significant percentage had worked
within the sector for over five years and 15 per cent for over 20 years. This
shows that construction workers are not a transient population. In spite of the
difficulties they continue to work within the industry.
4% 10% <1
11%
1 to 5
14%
8% 5 to 10
10 to 15
15 to 20
22%
20 to 25
31%
>25
A total of 70 per cent of the respondents rate working conditions as ranging from
average (33 per cent) to very poor (37 per cent), as reflected in figure. The
reasons for this assessment included that the job is risky in terms of health and
safety requirements and poor pay, which is not commensurate with effort. Some
respondents also observed that there was intense competition, lack of job
security with workers having no rights. It is interesting to note that most of the 27
percent who rated working conditions as good, did so because they claimed that
after having been in the industry for long they had adopted to its harsh working
conditions, generally accepting the poor working conditions as unavoidable.
Working condition
40%
30%
20%
10%
0%
Very poor
Poor
Average
Good
Very good
Almost half of respondents said that they would not encourage their
children/friends to join the industry due to the unfavorable working conditions,
while the other half said they would encourage them due to lack of other
economic opportunities.
Hours of work
Most employees of the construction sector (82 per cent) said they work for eight
or more hours. Only two respondents indicated they work for less. Fifteen per
cent of respondents said they work for more than eight hours: most of these work
for nine hours but one works for ten and another for 12 hours. Those working for
more than eight hours begin work at 7 a.m. instead of 8 a.m.
Sometimes the workers increase the hours worked per day, particularly when
they were carrying out certain tasks that have to be finished on the same day, for
example concreting. Where payment is for a particular task, the worker leaves
immediately the task is completed irrespective of the time.
The study found that the safety of employees was not catered for in most
informal construction sites. A total of 96 per cent of the sites did not have safety
measures of any kind in place and only 9 per cent had protective clothing.
The study further reveals that two-thirds of workers believe that they are
responsible for their own safety on-site. This view is supported by the fact that
workers have to provide their own protective clothing. Also, when workers are
injured or hurt on-site nobody follows it up to ensure that they receive proper care
and treatment. The burden of care is borne by the workers and their families
alone. This is problematic since construction workers do not have insurance
cover or workmen’s compensation.
The respondents also specified some of the health hazards they have
experienced within construction sites. The hazards included: pricking/poking by
nails or other sharp objects, falling objects, dust and litter as the most significant
health hazards on the sites of work as reflected in table. These hazards were
immediate and physically visible. The construction workers do not seem to be
sensitive to other hazards such as noise, exposure to chemicals, poor lighting
and lack of sanitary facilities. They seem to consider the lack of facilities as a
character of their working environment, which they can neither change nor
protect themselves against.
The health and safety problems informal construction workers face could be
attributed to lack of information, education and health monitoring system on
conditions of work within construction sites. This calls for sensitization of workers
on various hazards and means of prevention. However, our findings show that
some workers are well informed on the measures that should be taken to
improve safety and health standards on sites.
This includes the use of protective clothing, setting and enforcing regulations,
sensitization on the hazards, and random inspections by authorities. The workers
however feel helpless in lobbying relevant authorities to implement health and
safety requirements. This is partly due to lack of organization among construction
workers, and the fear of dismissal if they engage in advocacy. This is largely
because most of the informal construction workers do not have any unions or
associations, which play the role of advocacy and policy influence as discussed
in the following subsection.
When asked about their accessibility/availability to food items, health items and
drinking water, they responded in
Average 8 52 29
Poor 0 21 42
Present risk coping mechanism: -
1. Physical / Mechanical: -
Since the construction work is related with machines and hard material
also the wok sites are at different heights, so the construction workers
and their union is always concerned about mechanical risk coping. The
construction workers at study sites were coping this risk by working on the
same component which requires the skill they were already having.
Sometimes they acquire the skills while working on the site under the
supervision of some specialist to reduce physical risks.
2. Educational: -
To cope with these risks they use to migrate and work in groups and there
is a possibility of being one or two members with higher education so that
their rights should not be violated. Construction workers union also help
them to mitigate the risk related with low education level. Since most of
the responses from construction labour show that they have to change the
cities and the work sites more than once in a year, so the education of
their children is at higher risk. To reduce this risk they prefer to work in
same city for one or more than one year and they use to keep their
children at their native place with other family members.
3. Economic: -
4. Biological: -
Any person who is deaf or who has detective vision or who has a
tendency to giddiness is not required or allowed to work in any such
operation of building or other construction work which is likely to involve
risk of an accidents.
5. Psycho- sociological: -
At the construction site visited by the study group it is found that the
labours at a site were from same village or same district or same state.
They move in such groups so that they are able to reduce their Psycho-
sociological risks. When they are far away from their native state, they
usually avoid roaming in public places so that they can reduce the risk of
regional discrimination. At the construction sites in Hyderabad it was found
that the labour from Orissa and Bihar use to work on Sunday and other
holidays instead of going for entertainment. To improve their living and
working conditions government is making the employer to provide basic
facilities which in turn mitigates the risk related to Psycho- sociological
issues.
Government has been empowered to fix the number of hours of work for a
building worker, to provide for day of rest in every period of 7 days and for
the payment of remuneration in respect of such days of rest, to provide for
payment of work on a day of rest at a rate not less than the overtime rate.
As soon as may be, after the building or other construction work is over,
the employer shall, at his own cost, cause removal or demolition of the
temporary structures erected by him for the purpose of providing living
accommodation cooking place or other facilities to the building workers as
required and restore the ground in good level and clean condition.
Plan to reduce the risk of construction labour.
Objective: - Organising awareness programme about regulation by government.
Organising ten programmes per month at construction sites.
Making government department’s visit frequently at construction
sites.
Mission: -
Improving the living and working condition of construction labour in Hyderabad
city.
Goal: -
Making construction labour aware about their rights, so that they can work
according to regulations and improve their earnings and reduce the risk.
Activity: -
Identifying the private and government sites in Hyderabad city.
Identifying the risk related to construction workers.
Contacting a resource persons like lawyers, construction worker
union leaders.
Budget: - Number of private sites = 120
Number of Govt. Sites = 36
Cost of one programme ----
Ceiling, chairs = 5000
Resource person = 5000
Refreshment = 1200
Other Costs = 2500
Total cost = 13700 X 156 = 2137200
HR required: - One event Manager
One Accountant
Five Field Staff
Time required: - 18 Months
Benefits: - These awareness programmes would ensure the economic, health,
physical and psycho – sociological risk reduction by 60%. The living condition of
construction labour in Hyderabad city would be improved and the difference of
private and Government Construction sites would be minimised.
Appendix 1
4. Gender
Male Female
5. Caste
6. Education
Skilled Unskilled
Skilled Unskilled
Yes No
Yes No
3) Pollution level
Yes No
Yes No
8) Frequency of accidents
Regular Occasionally
High Moderate
Low
Yes No
26. Did you have any kind of conflict with employers Yes
No
27. If yes then (Please specify the reasons)
I. ..............................................................
II. ..............................................................
III. .............................................................
IV. ..............................................................
Yes No
46. If yes then, Who has taken the policy and paying the premium
...............................................................................
...............................................................................
Yes No
53. How much of the food grains and pulses they have to
buy……………………….
57. How many times in a year they have to change their work site………………..
59. Is there any case when children have to stop their education due to transfer
………..
INTRODUCTION
In building and other construction works more than eight million workers are
engaged throughout the country. These workers are one of the most vulnerable
segments of the unorganised labour in India. Their work is of temporary nature,
the relationship between employer and the employee is temporary, working
hours are uncertain. Basic amenities and welfare facilities provided to these
workers are inadequate. Risk to life and limb is also inherent. In the absence of
adequate statutory provisions to get the requisite information regarding the
number and nature of accidents was quite difficult and due to this to fix
responsibility or to take corrective measures was not an easy job. Although the
provisions of certain Central Acts were applicable to the building and other
construction workers yet a need was felt for a comprehensive Central Legislation
for regulating the safety, welfare and other conditions of service of these workers.
In pursuant to the decision of the 41st Labour Ministers Conference held on 18th
May, 1995, the Committee of State Labour Ministers had expressed its
consensus for the Central Legislation on this subject. In order to regulate the
employment and conditions of service of building and other construction workers
and to provide for their safety, health and welfare measures the Building and
Other Construction Workers (Regulation of Employment and Conditions of
Service) Ordinance, 1995 (Ord. 14 of 1995) was promulgated by the President
on 3rd November, 1995 as the Parliament was /not in session. To replace this
Ordinance a Bill was introduced in the Lok Sabha on 1st December, 1995. Since
the Bill could not be taken up for consideration it lapsed. On 5 th January, 1996
the President promulgated the Building and Other Construction Workers
(Regulation of Employment and Conditions of Service) Ordinance, 1996 (Ord. 3
of 1996). To replace this Ordinance a Bill was introduced in the Parliament which
could not be passed and the President promulgated the Building and Other
Construction Workers (Regulation of Employment and Conditions of Service)
Second Ordinance, 1996 (Ord. 15 of 1996) on 27th March, 1996. As this
Ordinance could not be replaced by an Act of Parliament the President
promulgated the Building and Other Construction Workers (Regulation of
Employment and Conditions of Service) Third Ordinance, 1990 (Ord. 25 of 1996)
on 20th June, 1996. In order to replace this Ordinance the Building and Other
Construction Workers (Regulation of Employment and Conditions of Service) Bill
was introduced in the Parliament.
1. It is estimated that about 8.5 million workers in the country are engaged
in building and other construction works. Building and other construction workers
are one of the most numerous and vulnerable segments of the unorganised
labour in India. The building and other construction works are characterised by
their inherent risk to the life and limb of the workers. The work is also
characterised by its casual nature, temporary relationship between employer and
employee, uncertain working hours, lack of basic amenities and inadequacy of
welfare facilities. In the absence of adequate statutory provisions, the requisite
information regarding the number and nature of accidents is also not
forthcoming. In the absence of such information, it is difficult to fix responsibility
or to take any corrective action
4. As Parliament was not in session and in view of the urgency felt by the
Government for meeting the longstanding demand for the aforesaid legislation,
the President was pleased to promulgate the Building and Other Construction
Workers (Regulation of Employment and Conditions of Service) Ordinance, 1995
(Ordinance 14 of 1995) along with another Ordinance for the levy of a cess on
the 3rd November, 1995.
7. The Bill seeks to replace the Building and Other Construction Workers
(Regulation of Employment and Conditions of Service) Third Ordinance, .1996.
ACT 27 OF 1996
(27 of 1996)
CHAPTER I
PRELIMINARY
1. Short title, extent, commencement and application.- (1) This Act may
be called the Building and Other Construction Workers (Regulation of
Employment. And Conditions of Service) Act, 1996.
(3) It shall be deemed to have come into force on the 1st day of March, 1996.
(4) It applies to every establishment which employs, or had employed on any day
of the preceding twelve months, ten or more building workers in any building or
other construction work.
(2) Any reference in this Act to any law which is not in force in any area
shall, in relation to that area, be construed as a reference to the corresponding
law, if any, in force in that area.