CHAPTER – 5

HEALTH, SAFETY AND WELFARE OF WORKERS IN CONSTRUCTION

INDUSTRY IN INDIA

5.1 Introduction

Construction industry is that industry providing employment opportunities &

contributing in improving the living standard of people. The workers engaged in
construction work are generally socially & economically backward and are totally
ignorant of available rights because of reasons like illiteracy, ignorance, poverty and
unawareness. Building & Construction Workers faces a lot of problems & difficulties
in their routine life viz., job insecurity, payment of low wages than minimum rates,
long working hours, delayed payment of wages, lack of medical care & relevant
facilities, financial issues, occupational diseases, health problems, fatal accidents, lack
of safety, health & welfare facilities affecting the construction workers in a negative
manner 1616 . Researcher has elaborated the provisions related to Health, Safety &
Welfare of building & construction workers. The same are discussed under:

5.2 Health, Safety & Welfare under the Building and Other Construction
Worker (Regulation of Employment and Conditions of Service) Act, 1996
(Act No. 27 of 1996)

The Building and Other Construction Workers (Regulation of Employment and

Conditions of Service) Act, 1996 1617 was enacted with prime objective to regulate
especially the employment & related service conditions of building & construction
workers. The Act also contains beneficial provisions with regard to Health, Safety and
Welfare for them1618. The same are explored hereunder:

1616
K. Ponnaian, Dr. T. Iyappan, “Problems Of Building Construction Workers In Kanyakumari
District Of Tamil Nadu” 2 International Journal of Management and Economics Invention 1104-06
(2016)
1617
The Building and Other Construction Workers (Regulation of Employment and Conditions of
Service) Act, 1996 (Act 27 of 1996) has been repealed by the Occupational Safety, Health and
Working Conditions Code, 2020 (No. 37 of 2020) vide Sec. 143. The notification for the date of
enforcement of the Occupational Safety, Health and Working Conditions Code, 2020 (No. 37 of 2020)
has not come till date.
1618
The Building and Other Construction Workers (Regulation of Employment and Conditions of
Service) Act, 1996 (Act 27 of 1996), Preamble

318
5.2.1 Prohibition of Employing Persons in Construction Work

Any person suffering from defective vision, deafness or tendency towards giddiness is
prohibited to employ in buildings & construction works because of the reason of
involving accident risk to the worker himself and other colleagues1619.

5.2.2 Drinking Water Facility

It is laid down that at the site, where the building / construction work is going on,
employer is bound to provide effective arrangements of wholesome drinking water in
sufficient supply with legibly written on it as “Drinking Water”. The common or
popular language among workers can be used to mark. Amenity of drinking water
must be six metres far away from any urinal, washing place or latrine 1620.

5.2.3 Urinals & Latrines

It is provided in the Act that employer shall extend facility of latrine, urinal
accommodation to be used by building workers at that place where building or other
construction work is in process. The latrine, urinal facility should be easily accessible
for workers. No different urinals to be provided where less than fifty persons are
engaged or where the latrines connected with a water-borne sewage system1621.

5.2.4 Accommodation for Building Workers

The employer shall provide cost-free within or nearby work site temporary living
accommodation facility with separate place for cooking, washing, bathing and
lavatory for building workers engaged by him till the time period of building work is
in progress. The employer has to restore the used place in good level and clean after
the building work completes1622.

5.2.5 Crèches

1619
The Building and Other Construction Workers (Regulation of Employment and Conditions of
Service) Act, 1996 (Act 27 of 1996), s. 31
1620
The Building and Other Construction Workers (Regulation of Employment and Conditions of
Service) Act, 1996 (Act 27 of 1996), s. 32
1621
The Building and Other Construction Workers (Regulation of Employment and Conditions of
Service) Act, 1996 (Act 27 of 1996), s. 33
1622
The Building and Other Construction Workers (Regulation of Employment and Conditions of
Service) Act, 1996 (Act 27 of 1996), s. 34

319
It is good provision in the Act that in every place where more than 50 (fifty) female
building workers are engaged, the employer has to provide, maintain in good
condition a suitable room(s) for the use of children below the six years of age of such
female workers. The room should be well ventilated, adequately lighted & clean. This
all should be under the management of a woman properly trained in taking care of
children & infants1623.

5.2.6 First Aid

Employer has to extend first aid facilities at free of cost for building workers in an
excellent manner 1624 . The facility is mandatory for treating minor injuries of
construction workers.

5.2.7 Canteen Facility

Canteen facility must be provided by employer for use of workers, where two hundred
and fifty or more building workers are ordinarily engaged. The canteen facility must
be provided with other related welfare amenity to benefit the building workers1625.

5.2.8 Safety Committee & Safety Officers

Safety Committee consisting of employer’s representatives and building workers is

statutorily to be established in every establishment engaging five hundred or more
workforce. It is the condition that representatives of employer & building workers
should be in equal proportion. Appointment of a safety officer is also mandatory
where five hundred or more building workers are working1626.

5.2.9 Notice of Certain Accidents

Where an accident happens in an establishment, causing fatality/death or any bodily

injury preventing person injured from working for a period of 48 hours or more than
that immediately after the accident, the employer must send notice thereof to authority

1623
The Building and Other Construction Workers (Regulation of Employment and Conditions of
Service) Act, 1996 (Act 27 of 1996), s. 35
1624
The Building and Other Construction Workers (Regulation of Employment and Conditions of
Service) Act, 1996 (Act 27 of 1996), s. 36
1625
The Building and Other Construction Workers (Regulation of Employment and Conditions of
Service) Act, 1996 (Act 27 of 1996), s. 37
1626
The Building and Other Construction Workers (Regulation of Employment and Conditions of
Service) Act, 1996 (Act 27 of 1996), s. 38

320
appointed under the Act. The investigation / inquiry of accident happened if deems
necessary shall be done by the appointed authority. It is laid down that where an
accident causing death of five or more than five workers, the authority shall make an
investigation/inquiry of causes of accident within a period of one month w.e.f. the
receiving of accident report1627.

5.3 The Occupational Safety, Health and Working Conditions Code, 2020
(No. 37 of 2020)

The Code, 2020 shall be enforced w.e.f. the date which will be notified by the Central
Government 1628. The notification related to date of enforcement has not come till
date. But, it is very important to discuss this statute as the same is relevant with our
research work.

As per Code, “building or other construction work” meaning thereby repairs,

alteration, construction, demolishing or maintaining the roads, tramways, streets,
railways, buildings, airfields, drainage, flood control works, dams, internet towers,
reservoirs, water works, tunnels, canals, watercourses, bridges, pipelines etc. except
building operations or construction work, for which total cost not be more than
Rupees Fifty Lakhs 1629 . The new code contains important provisions discussed
hereunder:

5.3.1 Duties of Employer

It is the every employer’s duty to make workplace free from hazards causing injuries
1630
& occupational diseases . Employer is bound to organise Annual Health
Examination of employees without charging cost to detect diseases caused by
occupation and ensure disposal of hazardous & toxic wastes in proper way1631. It is
laid down that every employer shall be responsible ensuring safety, health of

1627
The Building and Other Construction Workers (Regulation of Employment and Conditions of
Service) Act, 1996 (Act 27 of 1996), s. 39
1628
The Occupational Safety, Health and Working Conditions Code, 2020 (Code 37 of 2020), s. 1(2).
The notification for the date of enforcement of the Occupational Safety, Health and Working
Conditions Code, 2020 (No. 37 of 2020) has not come till date.
1629
The Occupational Safety, Health and Working Conditions Code, 2020 (Code 37 of 2020), s. 2(1)(h)
1630
The Occupational Safety, Health and Working Conditions Code, 2020 (Code 37 of 2020), s. 6(1)(a)
1631
The Occupational Safety, Health and Working Conditions Code, 2020 (Code 37 of 2020), ss.
6(1)(c), 6(1)(e)

321
employees where construction work is going on1632. Moreover, employer undertaking
building or other construction work shall ensure that working system in establishment
is safe & risk free1633. Employer must ensure that handling, storage and transport of
substances & articles is risk-free and safe for workers1634.

5.3.2 Information of Accident

The employer is also bound to send report to the appropriate authorities in case an
employee suffer bodily injury or death and prevented from working for 48 hours
immediately following the date of accident. It is the condition that accident must
occur in & out of the course of the employment 1635.

5.3.3 Duties of Employees

The employees are also bound towards some duties like taking care for the health,
safety of themselves and colleagues. The employees must comply with safety and
health norms. It is the duty of all employees not to misuse & willfully neglect
machinery, appliance as provided by employer for the purpose of ensuring health,
welfare & safety1636.

5.3.4 Duties of Employees

The standards related to occupational safety & health for workplaces with respect to
Buildings & Other Construction work shall be declared by the Central Government.
These standards should ensure that no any employee in an establishment will suffer
critical health issues1637.

The right to life under Article 21 of the Constitution of India comprises dignified life
to be lived in such environment free from any danger of infection & diseases1638 .
Clean surroundings results in healthy body & healthy mind1639. The right to life also
covers up right of pollution free enjoyment and sufficient quantity of water and air1640.

1632
The Occupational Safety, Health and Working Conditions Code, 2020 (Code 37 of 2020), s. 6(1)(h)
1633
The Occupational Safety, Health and Working Conditions Code, 2020 (Code 37 of 2020), s. 6(2)(a)
1634
The Occupational Safety, Health and Working Conditions Code, 2020 (Code 37 of 2020), s. 6(2)(b)
1635
The Occupational Safety, Health and Working Conditions Code, 2020 (Code 37 of 2020), s. 10
1636
The Occupational Safety, Health and Working Conditions Code, 2020 (Code 37 of 2020), s. 13
1637
The Occupational Safety, Health and Working Conditions Code, 2020 (Code 37 of 2020), s. 18
1638
Ratlam Municipality v. Vardhi Chand, AIR 1980 SC 1622
1639
Milkmen C.V. Samiti v. State of Rajasthan, (2007) 2 SCC 413
1640
S. Joseph v. State of Kerala, AIR 2007 NOC 545 (Ker.)

322
In F.K. Hussain v. Union of India1641, it has been pointed out by the Kerala High
Court that right to clean water & the right to free air are characteristics of right of life
as these are the basic elements sustaining the life itself.

5.3.5 Constitution of Safety Committees & Appointment of Safety Officers

It is also laid down that every establishment undertaking building or construction

work shall constitute a Safety Committee comprising equal number of representatives
from employer and worker side. Establishment employing two hundred fifty or more
workers shall also appoint safety officers with a view to take care of employees1642.

5.3.6 Health & Safe Working Conditions

The employer has to maintain safety, health and better working conditions for his
employees. The workplace is required to be neat, hygiene, clean, well ventilated,
facility for clean potable drinking water, dust free environment, prevent
overcrowding, with excellent lighting facilities, sufficient separate system for latrine,
urinal accommodation for males, females & transgender employees and maintaining
hygiene, and ensure effective system for treating wasters, wastes and effluents. The
prime aim of these provisions is to maintain standardized & decent working
environment 1643. The same is required by the International Labour Organisation in
Conventions and Constitution.

5.3.7 Welfare Measures

The employer must extend welfare facilities which include suitable and adequate
washing places for males & female employees, locker rooms and bathing places for
employees, place for keeping personal clothes during non-working hours, canteen
facility, sitting arrangements, first aid boxes and any other amenity as required for
decent life standard of the employees1644. The same are required by the International
Labour Organisation in various conventions. The Central Government may also
require employer to provide & arrange medical facilities, ambulance room, shelters &

1641
AIR 1990 Ker. 321 see also Madhavi v. Tilakan, 1988 (2) Ker. L.T. 730, 731
1642
The Occupational Safety, Health and Working Conditions Code, 2020 (Code 37 of 2020), s. 22
1643
The Occupational Safety, Health and Working Conditions Code, 2020 (Code 37 of 2020), s. 23
1644
The Occupational Safety, Health and Working Conditions Code, 2020 (Code 37 of 2020), s. 24(1)

323
rest rooms and temporary accommodation for living without any cost from
employees1645.

Right to life is that basic human right which cannot be violated by the State1646. The
right to life is not just continuance of animal existence of a person, but a life with
quality. It simply means the opportunity to develop one’s personality to fullest extent.
Right to life means to live in a decent way. The right simply leads to reasonable
standard of decency and comfort1647.

It was held in a case that the right to life includes the right to shelter, food and
clothing, a fair living accommodation, the right to enjoy a decent environment and to
live in a neat & clean city1648. In M/s Shantistar Builders v. N.K. Totame1649, wherein
the Court held that the right to shelter, food and clothing includes within itself the
sweep of right to life as available under Article 21 of the Constitution of India.

An Ambulance Room is required for workers, where building or construction activity

is going on1650. The Central Government may also compel employer to arrange living
accommodation in temporary manner without any cost from employee’s pocket1651.
The principal employer shall make payment for expenditure incurred on
accommodation where construction work is performed by engaging a contractor1652.

5.3.8 Working Hours and Grant of Annual Leave with Wages

The building & construction workers also have right to work for eight hours in one
day and not exceeding six days in a week 1653. Annual leave with wages is also given
to workers in one year with the condition that employee has worked for one hundred

1645
The Occupational Safety, Health and Working Conditions Code, 2020 (Code 37 of 2020), s. 24(2)
1646
Siddharam Satlingappa Mhetre v. State of Maharashtra, JT 2010 (13) SC 247: (2010) 12 SCALE
691
1647
Ex-Servicemen Association v. Union of India, (2006) 8 SCC 399
1648
Suo Motu v. State of Rajasthan, AIR 2005 Raj. 82
1649
AIR 1990 SC 630
1650
The Occupational Safety, Health and Working Conditions Code, 2020 (Code 37 of 2020), s.
24(2)(i)
1651
The Occupational Safety, Health and Working Conditions Code, 2020 (Code 37 of 2020), s.
24(2)(v)
1652
The Occupational Safety, Health and Working Conditions Code, 2020 (Code 37 of 2020), s. 24 (2)
(vi)
1653
The Occupational Safety, Health and Working Conditions Code, 2020 (Code 37 of 2020), ss. 25, 26

324
and eighty days or more in that year. One day of leave with wages for every twenty
days of his work shall be granted1654.

5.3.9 Inspectors and Other Authorities

The Occupational Safety, Health and Working Conditions Code, 2020 also includes
provisions related to appointment of Inspector-cum-Facilitators with an objective to
enforce provisions contained in the code 1655 . The Inspector-cum-Facilitators has
power to inspect & examine the work site where construction work is going on and
inquire regarding facilities, working conditions, accident or dangerous occurrence1656.
The inspector may create awareness and sensitize the employers, workers regarding
legal provisions in the said code and take photographs, measurements, video-graphs
and make recordings as thinks necessary for any important purpose1657 . The code,
2020 empowers inspector to issue notice of show cause for any violation related to
health, safety and welfare and inquire accordingly1658.

5.3.10 Prohibition of Employing Certain Category of Persons in Building or

Construction Work

With respect to save all, it is laid down that a person who is having defective vision,
deaf or tendency to giddiness should not be given employment in building or
construction work due to involvement of accident risk to person himself or his
colleagues1659.

5.3.11 Facilities for Contract Labour

Construction industry completes its projects by engaging the contractual labour. The
Chapter XI (Part I) of Occupational Safety, Health and Working Conditions Code,
2020 is related to Contract Labour and applicable to establishments employing 50 or
more contractual workers in the preceding twelve months under contract system1660.
Contractual workers are also eligible for welfare amenities in the same way as

1654
The Occupational Safety, Health and Working Conditions Code, 2020 (Code 37 of 2020), s. 32
1655
The Occupational Safety, Health and Working Conditions Code, 2020 (Code 37 of 2020), s. 34
1656
The Occupational Safety, Health and Working Conditions Code, 2020 (Code 37 of 2020), s. 35
1657
The Occupational Safety, Health and Working Conditions Code, 2020 (Code 37 of 2020), s. 35
1658
The Occupational Safety, Health and Working Conditions Code, 2020 (Code 37 of 2020), s.
35(1)(xii)
1659
The Occupational Safety, Health and Working Conditions Code, 2020 (Code 37 of 2020), s. 78
1660
The Occupational Safety, Health and Working Conditions Code, 2020 (Code 37 of 2020), s.
45(1)(i)

325
available for workers on regular basis in the establishment1661. A contractor shall be
responsible in toto for making payment of wages in favour of each contractual worker
employed and disburse wages through electronic mode or bank transfer and inform
principal employer at the very earliest 1662 . In case, wages are not paid by the
contractor, then principal employer has to disburse wages1663.

5.3.12 Facilities for Inter-State Migrant Workers

The construction industry is also a major employment provider to inter-state migrant

workers. The provisions of Occupational Safety, Health and Working Conditions
Code, 2020 are also applicable to establishment employing 10 or more inter-state
migrant workers1664. The inter-state migrant workers are entitled for availing benefits
under the Employees State Insurance Act, 1948 (Act 34 of 1948) and the Employees
Provident Funds and Miscellaneous Provisions Act, 1952 (Act 19 of 1952) and
Journey Allowance to visit native place from his employment place in a year1665. The
non-payment of minimum wages to the workers has been held by the Supreme Court
in People’s Union for Democratic Rights v. Union of India1666, as violating right to
life.

1661
The Occupational Safety, Health and Working Conditions Code, 2020 (Code 37 of 2020), s. 53
1662
The Occupational Safety, Health and Working Conditions Code, 2020 (Code 37 of 2020), ss. 55
(1), 55(2)
1663
The Occupational Safety, Health and Working Conditions Code, 2020 (Code 37 of 2020), s. 55(3)
1664
The Occupational Safety, Health and Working Conditions Code, 2020 (Code 37 of 2020), s. 59
1665
The Occupational Safety, Health and Working Conditions Code, 2020 (Code 37 of 2020), ss. 60, 61
1666
AIR 1982 SC 1473

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