In exercise of the powers
conferred under Section 62 and Section 40 of the Building and Other
Construction Workers (Regulation of Employment and Conditions of Service) Act,
1996 (27 of 1996), the Government of Bihar makes the following rules :? The Bihar Building and Other
Construction Workers (Regulation of Employment and Conditions of Service)
Rules, 2005. PART-I Preliminary CHAPTER-I (1) These
rules may be called the Bihar Building and other Construction Workers
(Regulation of Employment and conditions of Service) Rules, 2005. (2) It shall
apply to the building or other construction work relating to any establishment
(in the whole of the State of Bihar) in relation to which appropriate
Government is the Government of Bihar under the Act. (3) It shall come
into force on the date of its publication in the Official Gazette. (4) It
extends to the whole of the State of Bihar. In these rules, unless the
context otherwise requires:? (1) "Act"
means the Building and Other Construction Workers (Regulation of Employment and
Conditions of Service) Act, 1996 (27 of 1996) (2) "access"
or "egress" means passageways, corridors, stairs, platform, ladders
and any others means to be used by a building worker for normally entering or
leaving the work place or for escaping in case of danger; (3) "approved"
means approved in writing by the State Govt. or Chief Inspector; (4) "base
plate" means a plate for distributing the load from a standard in the case
of metal scaffolds; (5) "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; (6) "brace"
means a member incorporated diagonally in a scaffold for stability; (7) "bulkhead"
means an airtight structure separating the working chamber from free air or
from another chamber under a lower pressure than the working pressure; (8) "caisson"
means an air and watertight chamber in which it is possible for men to work
under air pressure greater than atmospheric pressure at sea level to excavate
material below water level; (9) "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. (10) "Competent
Person" means a person so approved by the State Govt. or Chief Inspector
of Inspection of Building and Constructions, who belongs to a testing
establishment in India, possessing adequate qualification, experience and skill
for the purposes of testing, examination or annealing and certification of
lifting appliances, lifting gears, wire ropes or pressure plant or equipment or
such Competent persons as may be approved by the State Government; (11) "Compressed
air" means air, mechanically raised to a pressure higher than atmospheric
pressure at sea-level; (12) "Construction
site" means any site at which any of the processes or operations, related
to building or other construction work, are carried on; (13) "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; (14) "danger"
means danger of accident or of injury or to health; (15) "decanting"
means the rapid decompression of persons in a man-lock to atmospheric pressure
at sea level followed promptly by their recompression in a decant lock, where
they are then decompressed according to the appropriate decompression table in
accordance with approved decompression procedures; (16) "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; (17) "excavation"
means the removal of earth, rock or other material in connection with
construction or demolition work; (18) "false
works' means the structural supports and bracing for formworks of forms; (19) "flash
point" means the minimum liquid temperature at which a spark or flame
causes an instantaneous flash in the vapour space above the liquid; (20) "frame
or modular scaffold" means a scaffold manufacture in such a way that the
geometry of the scaffold is predetermined and the relative spacings of the
principal members are fixed; (21) "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; (22) "hazard"
means danger or potential danger; (23) "hazardous
substance" means any substance which due to its explosiveness,
inflammability, radio-activity, toxic or corrosive properties, or other similar
characteristics, may (24) cause
injury; or (25) affect
adversely the human system; or (26) cause
loss of life or damage to property on work environment while handling
transporting or storing and classified as such under the national standards or
in case such national standards do not exist to the generally accepted
international standards; (27)
"high pressure air" means air used to supply power to
pneumatic tools and devices; (28)
"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; (29)
"ledger" means a member spanning horizontally and tying
scaffolding longitudinally and which acts as a support for putlogs or transoms; (30)
?"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; (31)
"lifting gear" means ropes, chains, hooks, slings and
other assessories of a "lifting appliance"; (32)
?"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; (33)
"low pressure air" means air supplied to pressurise
working chambers and man-locks and medical locks; (34)
"magazine" means a place in which explosives are stored
or kept, whether above or below ground; (35)
"man-lock" means any lock, other than a medical lock,
used for the compression or decompression of persons entering or leaving a
working chamber; (36)
"material hoist" means a power or manually operated and
suspended platform or bucket operating in guide rails and used for raising or
lowering material exclusively and operated and controlled from a point outside
the conveyance; (37)
"materials lock" means a chamber through which materials
and equipments pass from one air pressure environment into another; (38)
"medical lock" means a double compartment lock used for
the therapeutic recompression and decompression of persons suffering from the
ill-effects of decompression; (39)
"national standards" means standards as approved by
Bureau of Indian Standards and in the absence of such standards of Bureau of
Indian Standards, the standards approved by the State/Central Government for a
specific purpose; (40)
"outrigger1 means a structure projecting beyond the facade of
a building with the inner end being anchored and includes a cantilever or other
support; (41)
"plant or equipment" includes any plant, equipment,
gear, machinery, apparatus or appliance or any part thereof; (42)
"pressure" means air pressure in bars above atmospheric
pressure; (43)
"pressure plant' means the pressure vessel alongwith its
piping and other fittings operated at a pressure greater than the atmospheric
pressure; (44)
?"putlog" means a
horizontal member on which the board, plank or decking of a working platform
are laid; (45)
"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; (46)
"reveal tie" means the assembly of a tie tube and a
fittings used for tightening a tube between two opposite surfaces; (47)
"right angle coupler" means a coupler, other than a
swivel or putlog coupler, used for connecting tubes at right angles; (48)
"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; (49)
"roofing bracket" means a bracket used in sloped roof
construction and having sharp points or other means for fastening to prevent
slipping; (50)
"safety screen" means an air and water tight diaphragm
placed across the upper part of a compressed air tunnel between the face an
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; (51)
"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; (52)
"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 guardial, 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; (53)
"schedule" means a schedule appended to these rules; (54)
"segment" includes a cast iron or precast concrete
segmented structure formed to the curvature of the tunnel cross-section and
used to support the ground surrounding the tunnel; (55)
"service shaft" means a shaft for the passage of
building workers or materials to or from a tunnel under construction; (56)
"shaft" means an excavation having a longitudinal axis
at an angle greater than forty five degree from the horizontal; (57)
for the passage of building workers or materials to or form a
tunnel; or (58)
leading to an existing tunnel; (59)
"shield" means a movable frame which supports the
working face of tunnel and the ground immediately behind it and includes
equipment designed to excavate and support the excavated areas in a tunnel; (60)
"sole plate" means a member used to distribute the load
from the base plate or the standard of wooden scaffolds to the supporting
surface; (61)
"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; (62)
"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. (63)
"standards" 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; (64)
"standard safe operating practices" means practice
followed in building and other construction activities for the safety and
health of workers and safe operation of machineries and equipment used in such
activities and such practices conforms to all or any of the following, namely :? (65)
relevant standards approved by Bureau of Indian Standards; (66)
national building code; (67)
manufacture's Instructions of safe use of equipment and machinery; (68)
code of practice on safety and health in construction industry
published by International Labour Organization and amended from time to time; (69)
"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; (70)
"suspended scaffold" means a scaffold suspended by means
or ropes or chains and capable of being raised or lowered but does not include
a boatswain's chair or similar appliance; (71)
"testing establishment" means an establishment with
testing and examination facilities, as approved by the Govt. of Bihar or by
Central Government for carrying out testing, examination annealing or similar
other test or certification of lifting appliances or lifting gear or wire rope
as required under these rules; (72)
"tie" means an assembly used to connect a scaffold to a
rigid anchorage; (73)
"toe board" means a member fastened above a working
platform, access landing, access way, wheel barrow run, ramp or other platform
to prevent building workers and materials falling therefrom; (74)
"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; (75)
"trestle scaffold" includes a scaffold in which the
supports for the platform are any of the following which are self-supporting;
namely:? (76)
split heads; (77)
folding; (78)
step-ladder; (79)
tripods; or (80)
movable contrivances similar to any of the foregoing; (81)
"tubular scaffold" means a scaffold constructed from
tubes and couplers; (82)
"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; (83)
"underground" means any space within the confines of a
shaft, tunnel, caisson or cofferdam; (84)
"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; (85)
"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; (86)
"working platform" means a platform which is used to
support building workers or materials and includes a working stage; (87)
"working pressure" means pressure, in a working chamber,
to which building worker is exposed; (88) "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. Words and expressions not defined
in these rules but defined or used in the Act shall have the same meaning as
assigned to them in the Act. The provisions of these rules
shall be in addition to and not in substitution for or in diminution of the
requirements imposed by the Act. CHAPTER-II Responsibilities
and duties of Employers, Architects, Project Engineers and Designers, Building
Workers, etc. (1) It shall
be the duty of every employer who is undertaking any of the operations or works
related to or incidental to building or other construction work to which these
rules apply:? (a) to comply
with such of the requirements of these rules as are related to him: Provided that the requirements of
this clause shall not affect any building worker if an so long as his presence
in any place of work is not in the course of performing any work on behalf of
his employer and he is not expressly or impliedly authorized or permitted by
his employer to do the work; and (b) to comply
with such of the requirements of these rules as are related to him in relation
to any work, act or operation performed or about to be performed by him. (2) It shall
be the duty of every employer who erects or alters any scaffold to comply with
such of the requirements of the provisions of these rules as relate to the
erection or alteration of scaffolds having regard to the purpose or purposes
for which the scaffold is designed at the time of erection or alteration; and
such employer, who erects, installs, works or uses any plant or equipment to
which any of the provisions of these rules apply, shall erect, install, work or
use such plant or equipment in a manner which complies with those provisions. (3) Where a
contractor, who is undertaking any of the operations or works to which these
rules apply, appoints any artisan, tradesman or other person to perform any
work or services under a contract for services, it shall be the duty of the
contractor to comply with such of the requirements of these rules as affect
that artisan, tradesman or other person and for this purpose any reference in
these rules to an employee shall include a reference to such artisan, tradesman
or other person and the contractor shall be deemed to be his employer. (4) It shall
be the duty of every employee to comply with the requirements of such of these
rules as are related to the performance of or the refraining from an act by him
and to co-operate in carrying out these rules. (5) It shall
be the duty of every employer not to permit an employee to do anything not in
accordance with the generally accepted principles of standard safe operating
practices connected with building and other construction work as specified by
the State Government or by the Central Government. (6) No
employee shall do anything which is not in accordance generally accepted
principles of standard safe operating practices connected with building and
other construction work as specified by the State Government or by the Central
Government.[1] (7) No person
related with any building and other construction work shall wilfully do any act
which may cause injury to himself or to others. (8) It shall
be the duty of every employer not to allow lifting appliance, lifting gear,
lifting device, transport equipment, vehicles or any other device or equipment
to be used by the building workers which does not comply with the provisions
given in these rules. (9) It shall
be duty of the employer to maintain the latrines, urinals, washing facilities
and canteen in a clean and hygienic condition. The canteen shall be located in
a place away from the latrines and urinals and polluted atmosphere and at the
same time be easily accessible to the building workers. (10) It shall
be the duty of the employer to abide by the dates fixed and notified by him for
payment of wages for a period in accordance with these rules and no change in
such dates and such period shall be effected without notice to the building
workers and the inspector. The employer shall ensure timely payment of wages as
specified under these rules and at the place and time notified by him. Where
the employer is a contractor, he shall ensure that the wages of building
workers are paid in the presence of a representative of the employer of
establishment or owner of premises from whom he has taken the work on contract
and obtain signatures of such representatives in token of having witnessed the
payment of wages. (11) It shall
be the duty of the employer to ensure that the lifting appliance, lifting gear,
earth moving equipment, transport equipment or vehicles used in the building or
other construction work undertaken by him conforms to the requirements relating
to testing, examination and inspection of such equipment as provided under
these rules. It shall be the duty of every person in the service of the
Government or any local or other public authority to comply with the
requirements relating to him as given in these rules. (1) It shall
be the duty of the architect, project engineer or designer responsible for the
design of any project or part thereof or any building or other construction
work to ensure that at the planning stage, due consideration is given to the
safety and health aspect of the building workers who are employed in the
erection, operation and execution of such projects and structures as the case
may be. (2) Adequate
care shall be taken by the architect, project engineer and other professionals
involved in the project, not to include anything in the design which would
involve the use of dangerous structures or other processes or
materials,hazardous to health or safety of building workers during the course
of erection, operation and execution as the case may be. (3) It shall
also be the duty of the professionals, involved in designing the buildings,
structures or other construction projects, to take into account the safety
aspects associated with the maintenance and upkeep of the structures and
buildings where maintenance and upkeep may involve special hazards. It shall be duty of every person
in the service of the State Government or the Board to comply with the
directions given by the Central Government from time to time to carrying into
execution in that state the provisions of the Act and these rules. (1) It shall
be the duty of every building worker to comply with the requirements of such of
these rules as relate to him, and act and co-operate in carrying out the
requirements of these rules and if he discovers any defects in the lifting
appliance, lifting gear, lifting device, concerning any transport equipment or
other equipment, to report such defects without unreasonable delay to his
employer or foreman or other person in authority. (2) No
building worker, shall unless duly authorised or except in case of necessity,
remove or interfere with any fencing, gangway, gear, ladder, hatch covering,
life saving appliance, lighting or other things whatsoever required by the Act
and these rules to be provided. If any of aforesaid things is removed, such
thing shall be restored at the end of the period during which its removal was
necessary, by the persons engaged in that work. (3) Every
building worker shall use only means of access provided in accordance with
these rules and no person shall authorize or order another to use means of
access other than such means of access. (4) It shall
be the duty of a building worker to keep the latrines, urinals, washing points,
canteen and other facilities provided by the employer for securing his welfare
in a clean and hygienic condition. The State Govt. may, by order in
writing and subject to such conditions and for such period as may be specified
therein, exempt from all or any of the requirements of these rules to:? (a) any
building or other construction work, if such Government is satisfied that such
building work is confined to such workers, where it is not convenient to take
measures as provided in these rules; or (b) any
appliance, gear, equipment, vehicle or other device if such Government is
satisfied that the requirement of such appliance, gear, equipment vehicle or
other device is not necessary for use or equally effective measures are taken
in lieu thereof: Provided that such Government
shall not grant exemption under this rule unless it is satisfied that such
exemption would not adversely affect the safety, health and welfare of building
workers. ______________________ 1.
Published in Bihar Gazette dated September, 7, 2005 PART-II State
Advisory Committee, Registration of Establishment CHAPTER-III State
Advisory Committee The Bihar State Building and
Other Construction Worker's Advisory Committee (hereinafter referred to as the
State Advisory Committee) shall consist of:? (a) Secretary,
Labour Employment and Training Bihar?Chairperson
Ex-Officio. (b) One
member of the Bihar Legislative Assembly nominated by Government of Bihar on
recommendation of the Speaker of the Bihar Legislative Assembly?Member. (c) One
member from the Bihar Legislative Council nominated by the Government of Bihar
on the recommendation of the Chairman of Bihar Legislative Council?Member. (d) Chief
Inspector nominated by Government of Bihar, not below the rank of Executive
Engineer in Public Works Department (Building)? Member Ex-officio. (e) One
Representative nominated by Central Government?Member. (f) Chief
Inspector of Factories, Bihar?Member
Ex-Officio. (g) Four
persons out of whom at least one shall be woman, to be nominated by the State
Government representing the building and other construction worker?Members. (h) Four
persons to be nominated by the State Government representing employers
connected with the building and other construction work? Members. (i) Two
persons to be nominated by the State Government of Bihar representing from the
State Level Association of Architects or Engineers and one from an Accident
Insurance Institution?Members. (j) Labour
Commissioner, Labour Employment & Training Department, Bihar?Member Ex-Officio. (1) The
Chairperson and Member Secretary of the State Advisory Committee shall hold
post permanently. (2) Each
member referred to in clause (b) and (c) of rule 10 shall hold the office for
three years or till he remains a member of Legislative Assembly/Council as the
case may be, whichever is earlier. (3) The
members referred to in clause (d), (e), (f) and (j) of rule 10 shall hold
office as such during the period of as the State Government may specify. (4) Each of
the members referred to in clause (g), (h) and (i) of rule 10 shall hold office
as such for a period of three years commencing from the date on which his
appointment is notified in the Official Gazette : Provided that where the
appointment of the successor of any such member has not been notified in the
Official Gazette on or before the expiry of the said period of three years,
such member shall, notwithstanding the expiry of the period of his office,
continue to hold such office until the appointment of his successor is notified
in the Official Gazette. (5) If a
member is unable to attend a meeting of the Committee, the State Government
may, after notice in writing to such member and the Chairperson of the State
Advisory Committee nominate a substitute of such member to attend the meeting
and such a substituted member shall have all the rights and privileges of such member
in respect of that meeting. (6) The State
Advisory Committee shall be reconstituted after every three years. (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 Chairperson of such Committee. (2) The seat
of such a member shall fall vacant from the date on which his resignation is
accepted by the State Government, or on the expiry of thirty days from the date
of receipt of the letter of resignation by that Government whichever is
earlier. 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. (1) A person
shall be disqualified for being a member of the State Advisory Committee :? (2) if he is
of unsound mind and stands so declared by a competent court; (3) if he is
an undischarged insolvent; or (4) if he has
been convicted of an offence which, in the opinion of the State Government
involves moral turpitude. (5) Where a
question arises as to whether a disqualification has been incurred under
sub-rule (1), the State Government shall decide such question. The State Government may remove
from office any member of the State Advisory Committee, if in its opinion such
member has ceased to represent the interest which he purports to represent on
such committee: Provided that no such member
shall be removed unless a reasonable opportunity is given to him of making a
representation against the proposed action under this rule. 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 Govt. 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. (1) The State
Government may appoint one of its officers not below the rank of Deputy Labour
Commissioner as Secretary to the State Advisory Committee and appoint 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
remuneration payable to such staff shall be such as may be decided by the State
Government from time to time. (3) The
Secretary of the State Advisory Committee- (4) Shall
assist the Chairperson of such Committee in convening meeting of the Committee
and shall keep a record of minutes of such meetings; (5) May
attend the meetings of such Committee but shall not be entitled to vote at such
meetings; and (6) Shall
take necessary measures to carry out the decisions taken at the meetings of
such Committee. (1) The
travelling allowances of an official member of the State Advisory Committee
shall be governed by the rules applicable to him for journey performed by him
on official duties and shall be paid by the authority paying his salary,
allowance for attending the meeting of such Committee at such rates as are
admissible to an officer of the rank of class one officer of the State
Government. (1) Every
matter which the State Advisory Committee is required to take into
consideration shall be considered at a meeting of that Committee, or if the
Chairperson of such Committee so directs, by sending the necessary papers to
every member for opinion and the matter shall be disposed of in accordance with
the decision of the majority: Provided that where there is no
opinion of majority on a matter and the members of such Committee are equally
divided the Chairperson of such Committee shall have a second or a casting
vote. Explanation.--The expression
"Chairperson of the State Advisory Committee" for the purpose of this
rule shall include the Chairperson of such Committee nominated orchoosen under
sub-rule (2) of rule 20 to preside over a meeting. (2) No act or
proceedings of the State Advisory Committee shall be invalid merely for reasons
of any vacancy in or any defect in constitution of the Committee. (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 or as and then any matter is referred to it by Govt. for advice. (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 Chairperson, the members of such Committee present in such
meeting may choose from amongst themselves a member to preside over such a
meeting. (1) Ordinarily
two weeks notice shall be given to the members of 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. 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, which shall include one member of
legislative assembly or one member from legislative council: Provided that if 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 others members that he proposes to dispose of the business
at the adjourned meeting whether there is prescribed quorum or not, and it
shall thereupon be lawful for him to dispose of the business at the adjourned
meeting irrespective of the number of members attending. CHAPTER-IV Registration
of Establishments (1) The application
referred to in sub-section (1) of Section 7 of the Act shall be made in
triplicate in Form-I annexed to these rules to registering officer of the area
appointed under section 6 of the Act in which the building or other
construction work is to be carried on by the establishment. (2) Every
application referred to in sub-rule (1) shall be accompanied by a demand draft
showing payment of the fees for the registration of the establishment. (3) Every
application referred to in sub-rule (1) shall be either personally delivered to
the registering officer or sent to him by registered post. (4) On
receipt of the application referred in sub-rule (1), the registering officer
shall after noting their on the date of receipt by him of the application grant
an acknowledgement to the applicant. (1) The
registering officer, after receiving application under sub-rule (1) of rule 23
shall register the establishment and issue a certificate of registration to the
applicant within fifteen days of receipt of application if such applicant has
complied with all the requirement as laid down in these rules and has made the
application within such period as specified under clause (a) and clause (b) of
sub-section (i) of section 7 of the Act. The Certificate of registration to be
granted by registering officer shall be in Form II annexed to these rules. (2) The
registering officer shall maintain a register in Form-Ill annexed to these
rules showing the particulars of establishments in relation to which
certificates of registration have been issued by him. (3) If, in
relation to an establishment, any change occurs in the ownership or management
or other particulars specified in the certificate of registration, the employer
of the establishment shall intimate the registering officer, within thirty days
from the date when such change takes place, the date and particulars of such
change, and the reasons thereof. (1) Where on
receipt of the intimation under sub-rule (3) of rule 24, the registering
officer is satisfied that an amount higher than the amount, which has been paid
by the employer as fees for the registration of the establishment is payable,
he shall require such employer to pay additional sums which, together with the
amount already paid by such employer, would be equal to such higher amount of
fees payable for the registration of the establishment. (2) Where, on
receipt of the intimation referred to in sub-rule (3) of rule 24, the registering
officer is satisfied that there has occurred a change in the particulars of the
establishment as entered in the register in Form-Ill annexed to these rules, he
shall amend the said register and record therein the change which has occurred
: Provided that the registering
officer shall not carry out any amendment in the register in Form-Ill annexed
to these rules unless the appropriate fees have been deposited by the employer. (1) Every
certificate of registration issued under rule 24 shall be subject to the
following conditions, namely:- (a) the
certificate of registration shall be non-transferable; (b) the
number of workman employed as building workers in an establishment shall not,
on any day, exceed the maximum number specified in the certificate of
registration; and (c) save as
provided in these rules, the fees paid for the grant of registration
certificate shall be non-refundable. (2) The
employer shall intimate the change, if any, in the number of workmen or the
conditions of work to the registering officer within fifteen days. (3) The
employer shall, before thirty days of the commencement and completion of any
building or other construction work, submit a written notice to the Inspector,
having jurisdiction in the area where the proposed building or other
construction work is to be executed, intimating the actual date of the
commencement or, as the case may be, completion of such building or other
construction work in Form-IV annexed to these rules. (4) The
certificate of registration of an establishment shall be valid only for such
building and other construction work carried out by such establishment for
which intimation required under sub-rule (3) has been given. (5) A copy of
the certificate of registration shall be displayed at the conspicuous place at
the premises where the building and other construction work is being carried
on. The fees
to be paid for the grant of a certificate of registration under rule 24 shall
be as specified below, namely: If the
number of workers proposed to be employed as building worker, for a building or
other construction work on one day:? (a) Upto 100
Rs. 500.00 (b) Exceeds
100 but does not exceed 500 Rs. 2000.00 (c) Exceeds
500 Rs. 3000.00 CHAPTER-V Appeals,
copies of orders, payment of Fees, etc. (1) Every
appeal under sub-section (1) of section 9 of the Act shall be preferred in the
form of a memorandum signed by the aggrieved person or his authorized advocate
and presented to the appellate officer in person or sent to him by registered
post. (2) The
memorandum shall be accompanied by a certified copy of the order appealed
against and a demand draft for rupees one hundred. (3) The
memorandum shall set forth concisely and under distinct heads the grounds of
appeal. (4) Where the
memorandum of appeal does not comply with the provisions of sub-rule (2) and
sub-rule (3), it may be returned to appellant for the purpose of being amended
with in a time to be fixed by the appellate officer which shall not exceed
thirty days from the date on which the order appealed against has been
communicated to the appellant. (5) Where the
memorandum of appeal is in order, the appellate officer shall admit the appeal,
endorse thereon the date of hearing of such appeal, and shall register the
appeal in a book to be kept for the purpose called the register of appeals. (6) When the
appeal has been admitted, under sub-rule (5) the appellate officer shall send
the notice of the appeal to the registering officer against whose order the
appeal has been preferred and the registering officer shall thereupon send the
record of the case to the appellate officer. (7) On
receipt of the record, the appellate officer shall send a notice to the
appellant to appear before him at such date and time as may be specified in the
notice for the hearing of the appeal. If on the date fixed for hearing,
the appellant does not appear the appellate officer may dismiss the appeal for
default of appearance of the appellant. Where an appeal has been
dismissed under rule 29, the appellant may apply to the appellate officer for
the restoration of the appeal and if the appellate officer is satisfied that
the appellant was prevented by sufficient cause from appearing, the appellate
officer shall restore the appeal on its original number: Provided that an application for
restoration under this rule shall not be entertained by the appellate officer
after thirty days from the date of such dismissal. (1) If the
appellant is present when the appeal is called on for the hearing the appellate
officer shall proceed to hear the appellant or his authorised advocate and pass
an order on the appeal either confirming, reversing or varying the order
appealed against. (2) The order
of the appellate officer shall state the points for determination, the
decisions thereon and reasons for such decisions. (3) The order
shall be communicated to the appellant and copy thereof shall be sent to the
registering officer against whose order the appeal has been preferred. Copy of the order of the
registering officer or of the appellate officer may be obtained by the person
concerned or a person authorised by him on payment of fees of rupees fifty for
each order on making application to the registering officer or the appellate
officer, as the case may be, specifying the date and other particulars of the
order made by the officer concerned. A copy of the certificate of registration
on loss or mutilation of such certificate may at so be obtained in the like
manner and on payment of like fees. (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 favor of the registering officer and appellate officer,
as the case may be, and made payable to the branch of the Bank specified by the
State Government from time to time at the concerned Registering Officer or the
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
account of the Labour Commissioner, Labour, Employment & Training
Department, Bihar or in appropriate account in the Bank to deposit the amount
in the appropriate PART-III Safety
and Health CHAPTER-VI General
Provisions 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 affects of excessive noise or vibration at
such construction site and noise level in no case exceeds the limits laid down
in schedule-VI annexed to these rules. An employer shall ensure at a construction site of a
building or other construction work that:? (a)
Such construction site is provided with? (b)
?fire
extinguishing equipment sufficient to extinguish any probable fire at such
construction site; (c)
an adequate water supply at ample pressure as
per national standards; (d)
number of trained persons required to operate
the fire extinguishing equipment provided under sub-clause (i); (e)
fire extinguishing equipment provided under
sub-clause (i) of Clause (a) is properly maintained and inspected at regular
intervals of not less than once in a year by the responsible person and a
record of such inspections is maintained; (f)
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 protable fire
extinguishing equipment of suitable type shall be provided at each of such
launch or boat or craft or lifting appliance. An employer shall ensure at a construction site of a
building or other construction works that in case more than five hundred building
workers are employed of such construction site emergency action plan to handle
the emergencies like? (a)
fire and explosion, (b)
collapse of lifting appliances and transport
equipment, (c)
collapse of building sheds or structures
etc., (d)
gas leakage or spillage of dangerous goods or
chemicals, (e)
drowning of building workers, sinking of
vessels, and (f)
land slides getting building worker buried,
floods, storms and other natural calamities is prepared and submitted for the
approval of the Chief Inspector. An employer shall ensure at a construction site of a
building or other construction work that:? (a)
all motors, cogwheels, chains, and friction
gearing, flywheels, shafting, dangerous and moving parts machinery (whether or
not driven by mechanical power) and steam pipes are securely fenced or lagged; (b)
the fencing of dangerous parts of machinery
is not removed while such machinery is in motion or in use; (c)
no part of any machinery which is in motion
and which is not securely fenced is examined, lubricated, adjusted or repaired
except by a person skilled for such examination, lubrication, adjustment or
repairs; (d)
machine parts are cleaned when such machine
is stopped; (e)
when a machine is stopped for servicing or
repairs, adequate measures are taken to ensure that such machine does not
restart inadvertently. An employer shall ensure at a construction site of a
building or other construction work that:? (a)
no building worker lifts by hand or carried
overhead or over his back or shoulders any material article, tool or appliances
exceeding in weight the maximum limits set out in the following table:? Person Max Weight Load Adult man 55 Kg Adult woman 30 Kg Adolescent-male 30 Kg Adolescent-female 20 Kg (b)
Unless aided by any other building worker or
a mechanical device. (c)
no building worker aided by other building
workers, lift by hand or carry overhead or over their back or shoulders, any
material, article, tool or appliance exceeding in weight the sum total of
maximum limits set out for each building worker separately under clause (a)
unless aided by a mechanical device. (1)
Every establishment employing fifty or more
building worker 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; (2)
the policy referred to in clause (a) shall
contain the following, namely:? (3)
the intentions and commitments of the
establishment regarding health, safety and environmental protection of building
workers; (4)
organizational arrangements made to carry out
the policy referred to in clause (a) specifying the responsibility at different
levels of hierarchy; (5)
responsibilities of the principal employer,
contractor, sub-contractor, transporters or other agencies involved in the
building or other construction work; (6)
techniques and methods for assessment of risk
to safety, health and environmental and remedial measures thereof; (7)
arrangements for training of building
workers, trainer, supervisors or other persons engaged in the construction
work; (8)
other arrangements for making the policy
referred to in clause (a) effective; (9)
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. (10)
A copy of the policy referred to in clause
(a) of sub-rule (1), signed by an authorized signatory shall be sent to the
State Government. (11)
The establishment shall revise the policy
referred to in clause (a) of sub-rule (1) as often as necessary under the
following circumstances, namely:? (12)
whenever any expansion or modification having
implication on safety and health of the building worker is made in such
building or other construction work; or (13)
whenever any new building or the construction
work substances, articles or techniques are introduced having implication on
health and safety of building workers. (14)
A copy of the policy referred to in
sub-clause (a) of sub-rule (1) shall be displayed at the conspicuous places in
Hindi and a local language under stood by the majority of building workers at a
construction site. An employer shall ensure at a construction site of a
building or other construction work that? (a)
When an internal combustion engine exhausts
into a confined space or excavation or tunnel or any other work place where
neither natural ventilation nor artificial ventilation system is adequate to
keep the carbon monoxide content of the atmospheres below fifty parts per
million, adequate and suitable measures are taken at such work place in order
to avoid exposure of building workers to health hazards. (b)
No building worker is allowed to enter any
confined space or tank or trench or excavation wherein there is given off any
dust, fumes or other impurities of such nature and to such extent as is likely
to be injurious or offensive to the building worker or in which explosive,
poisonous, noxious or gaseous material or other harmful articles have been
carried or stored or in which dry ice has been used as a refrigerant, or which
has been fumigated or in which there is a possibility of oxygen differences
unless all practical steps have been taken to remove such dust, fumes, or other
impurities and dangers which may be present and to prevent any further ingress
thereof, and such work place or tank or trench or excavation is certified by
the responsible person to be safe and fit for the entry of such building
workers. (1)
The 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 meters or more
in height when completed. (2)
Overhead protection referred to in sub-rule
(1) shall not be less than two meters 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 milli metres 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-off 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. (1)
All passageways platforms and other places of
construction work at the building or other construction work shall be kept by
the employer free from accumulations of dust debris or similar material and
from other obstructions that may cause tripping. (2)
Any sharp projections or protruding nails or
similar projections which may cause any cutting hazard to a building worker at
the building or other construction work shall be removed or otherwise made safe
by taking suitable measures by the employer. (3)
No employer shall allow any building worker
at building or other construction work to use the passageway, or a scaffold,
platform or any other elevated working surface which is in a slippery and
dangerous condition and shall ensure that water, grease, oil or other similar substances
which may cause the surface slippery, be removed or sanded, saw dusted or
covered with suitable material to make it safe from slipping hazard at a
building or other construction work. (4)
Wherever building workers at a building or
other construction work are exposed to the hazard of falling into water, they
shall be provided by the employer with adequate equipment for saving themselves
from drowning and rescuing from such hazard and if the Chief Inspector
considers necessary, well-equipped boat or launch manned with trained personnel
shall be provided by the employer at the site of such work. (5)
Every open side or opening into or through
which a building worker, vehicle or lifting appliance or other 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 be provided by the employer with adequate
equipment or means for saving them from such hazards, such equipment or means
shall be in accordance with the national standards. (7)
Whenever there is a possibility of falling of
any material, equipment or building worker at a construction site relating to a
building or other construction work, adequate and suitable safety net shall be
provided by employer in accordance with the national standards. An employer shall prevent concentration of dust, gases or
fumes by providing suitable means to control their concentration within the
permissible limit so that they may not cause injury or pose health hazard to a
building worker at a building or other construction work. The employer shall ensure that corrosive substances
including alkalis and acids, shall be stored and used by a person dealing with
such substances at a building or other construction work in such a manner that
it does not endanger the building worker and suitable protective equipment
shall be provided by the employer to a building worker during handling or use
of such substances at a building or other construction work and in case of
spillage of such substances on the building worker, immediate remedial measures
shall be taken by the employer. 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. (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 object or materials 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
rain or in similar wet condition at building or other construction work, shall
be provided with water-proof coat with hat by the employer. (4)
Every building worker required to use or
handle alkalies, 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 hand-gloves by the employer,
in accordance with the national standards. (1)
Before commencement of any building or other
construction work, the 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)
The employer shall display and maintain
suitable warning signs at conspicuous places at a building or other
construction work in Hindi and in a local language understood by the majority
of the building workers. (3)
In work places at a building or other
construction work where the exact location of underground electric power line
is not known, the building workers using jack hammers, crow bars 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 foot-wear of the type in
accordance with the national standards. (4)
The 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)
The 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)
The employer shall ensure that all temporary
electrical installations at a building or other construction work are provided
with earth-leakage circuit breakers. (7)
The employer shall ensure that all electrical
installations at a building or others construction work comply with the
requirements of any law for the time being in force. (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
barricated 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 or description operating at a construction site of a
building or other construction work holds a valid driving licence under the
Motor Vehicles Act, 1988 (59 of 1988). The 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. The 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 passage-ways, stairways and landing, such illumination is not less
than that provided in the relevant national standards. The employer shall ensure, at a construction site of a
building or other construction work that? (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)
Materials piles are stored or stacked in such
a manner as to ensure stability; (c)
Material or equipment is not stored upon any
floor or platform in such quantity as to exceed its safe carrying capacity; (d)
Materials or equipment is not stored or
placed so close to any edge of a floor or platform as to endanger the safety of
persons below or working in the vicinity. The employer shall ensure at a construction site of
building or other construction work that:? (a)
Debris are handled and disposed of by a
method which does not cause danger to the safety of a person; (b)
Debris are not allowed to accumulate so as to
constitute a hazard; (c)
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; (e)
On completion of work, left over building
material, article or other substance or debris are disposed of as soon as
possible to avoid any hazard to any traffic or person. The 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. The 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. CHAPTER-VII Lifting
Appliances and Gear The 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 moveable and any plant or gear used in
anchoring or fixing of such appliances are? (b)
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 (c)
?maintained in good repair and working
condition; (d)
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; (e)
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; (f)
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; (g)
Every lifting appliance is provided with
adequate and efficient brakes which? (h)
are capable of preventing fall of suspended
load (including any test load) and of effectively controlling such load while
it is being lowered; (i)
act without shock; (j)
have shoes that can be easily removed for
running; and (k)
are provided with simple and easily
accessible means of adjustment: Provided that nothing contained in this clause shall
apply to steam winch can be operated as safely was with brakes as provided in
accordance with this clause. (l)
Controls of every lifting appliance? (m)
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; (n)
are position with due regard to ergonometric
considerations for proper operation of such appliance; (o)
are so located that the driver of such
appliance remains above the height of the hill block during the whole operation
of such appliance; (p)
have upon them or adjacent to them clear markings
to indicate their purpose and mode of operations; (q)
are provided, where necessary, with a
suitable locking device to prevent accident movement or displacement; (r)
?move,
as far as practicable, in the direction of the resultant load movement; and (s)
wherever, automatic brakes are provided,
automatically come to the neutral position in case of power failure. The employer shall ensure at construction site of
building or other construction work that:? (a)
all lifting appliances including all parts
and gears thereof, whether fixed or moveable, 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 annexed to these rules; (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; 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 safely of the parts
examined and, if necessary, for such examination, parts of the lifting
appliance and gear, shall be dismantled. (a)
The employer shall ensure at a construction
site of a building or other construction work that? (b)
every crane, if so constructed that 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; (c)
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; (d)
the provisions of sub-clause (i) of clause
(a) apply, except where it is not possible to install and automatic safe load
indicator, in which case, provision of a table showing the safe working loads
at the corresponding inclinations or radius of the Jib on the crane shall be
considered sufficient. The employer shall ensure at a construction site of a
building or other construction work that? (a)
fixed lifting appliances are installed? (b)
by competent persons; (c)
in a manner that such appliances cannot be
displaced by the load, vibration or other influences; (d)
in manner that the operator of such
appliances is not exposed to danger from loads, ropes or drums; and (e)
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; (f)
adequate clearance is provided between parts
or loads of lifting appliances and? (g)
the fixed objects such as walls and posts; or (h)
electrical conductors. (i)
the lifting appliances, when exposed to wind
loading are given sufficient additional strength, stability and rigidity to
withstand such loading safely; (j)
no structural alterations or repairs are made
on any part of the lifting appliances that affect the safety of such appliances
without obtaining the opinion of the competent person to this effect. The employer shall ensure at a construction site of a
building or other construction work that:? (a)
winches are not used if control levers
operate with excessive friction or play; (b)
double gear winches are not used unless a
positive means of locking the gear shift is provided; (c)
there is no load other than the fall and the
hock assembly on the winch while changing gears on a two gear winch; (d)
adequate protection is provided to winch
operator against abnormal weather; (e)
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; (f)
control levers are secured in the neutral
position and, whenever possible, the power is shut-off whenever winches are
left unattended. (g)
in use of every steam winch? (h)
measures are taken to prevent escaping steam
from obscuring any part of the construction site or other work place or from
otherwise hindering or injuring any building worker; (i)
extension control levers which tend to fall
of their own weight are counter balanced; (j)
winch operators are not permitted to use the
winch control extension levers except for short handle on wheel type controls
and that such levers are of adequate strength, secure and fastened with metal
connections at the fulcrum and at the permanant control lever; (k)
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: (l)
electric winches are not used for building
work where? (m)
the electro-magnetic brake is unable to hold
the load; or (n)
one or more control points, either hoisting
or lowering are not operating properly. The employer shall ensure at a construction site of a
building or other construction work that tip-up buckets are equipped with a
device that effectively prevents accidental tipping. The employer shall ensure at a construction site of a
building of other construction work that? (a)
every lifting appliance and loose gear is
clearly marked for its safe working load and identification by stamping or
other suitable means; (b)
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; (c)
the lowest angle to the horizontal, to which
the derrick, may be used, is legibly marked; (d)
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 condition of use; (e)
means to ascertain, the safe working load for
lifting gears under such conditions in which such gears may be used are
provided to enable a worker using such gears and such means shall consist of? (f)
marking the safe working load in plain
figures or letters upon the sling or upon a tablet or ring or durable material
attached securely thereto in case of chain slings; and (g)
either the means specified in sub-clause (i)
or notices so exhibited as can be easily read by any concerned building worker
stating the safe working load for the various sizes of the wire rope slings
used in case of wire rope silings. The employer shall ensure at a construction site of a
building or other construction work that:? (a)
no lifting appliance, lifting gear or wire
rope is used in an unsafe way and in such a manner as to involved risk to life
of building workers, and that they are not loaded beyond their safe working
load except for testing purposes under the direction of a competent person in
the manner as specified in Schedule I annexed to these rules; (b)
No lifting appliance, lifting gear or any
other material handling appliance is used, if? (c)
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 (d)
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; (e)
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. The employer shall ensure at a construction site of a
building or other construction work that:? (a)
the operator of every lifting machine in
outdoor service is provided with a cab or cabin which? (b)
is made of fire resistant material; (c)
has a suitable seat, a foot rest and protection
from vibration; (d)
affords the operator an adequate view of the
area of operation; (e)
affords the necessary access to working parts
in cab; (f)
affords the operator adequate protection
against the weather; (g)
?is
adequately ventilated; and (h)
is provided with a suitable fire
extinguisher. The employer shall ensure at a construction site of a
building or other construction work that? (a)
Every crane driver or lifting operator
possess adequate skill and training in the operation of the particular lifting
appliance; (b)
No person under eighteen years of age is in
control of any lifting appliance, scaffold winch, or to give signals to the
operator; (c)
Precaution is taken by the trained operator
to prevent lifting appliance from being set in motion; (d)
The operation of lifting appliance is
governed by signals, in conformity with the relevant national standards; (e)
The lifting appliance operator's attention is
not distracted while he is working; (f)
No crane, hoist, winch or other lifting
appliance or any part of such cranes, hoist, winch or other lifting appliance
is, except for testing purposes, loaded beyond the safe working load; (g)
During the hoisting operations effective
precaution is taken to prevent any person from standing or passing under the
load in such operations; (h)
Operator does not leave lifting appliance
unattended while power is on or load is suspended to such appliance; (i)
No person rides on a suspended load or on any
lifting appliance; (j)
Every part of a load in course of being
hoisted or lowered is adequately suspended and supported to prevent danger; (k)
Every receptacle used for hoisting bricks,
tiles, slates or other material is suitably enclosed as to prevent the fall-off
any such materials; (l)
The hoisting platform is enclosed when loose
materials or loaded wheel barrows are placed directly on such platform or
lowering, such materials or wheel-barrows; (m)
No material is raised, lowered or slowed with
any lifting appliance in such a way as to cause sudden jerks to such appliance; (n)
In hoisting a barrow, any wheel of such
barrow is not used as a means of support unless adequate steps are taken to
prevent the axle of such wheel from slipping out of its bearings; (o)
Long objects like planks or girders are
provided with a tag line to prevent any possibility of danger while raising or
lowering such objects; (p)
During the process of landing of material, a
building worker is not permitted to lean out into empty space for finding out
the loading and unloading of such material; (q)
The hoisting of loads at place where there is
regular flow of traffic is carried out in an enclosed space, or in case such
hoisting is impracticable in enclosed space, measures are taken to hold up or
divert the traffic during the time of such hoisting; (r)
Adequate steps are taken to prevent a load,
in the course of being hoisted or lowered from coming into contact with any
object to avoid any displacement of such load; (s)
Appliances are provided and used for guiding
heavy loads when raising or lowering heavy loads to avoid crushing of hands of
building workers during such raising or lowering of loads. The employer shall ensure at a construction site of a
building or other construction work that? (a)
hoist towers are designed according to
relevant national standards; (b)
hoist shafts are provided with rigid panels
or other adequate fencing? (c)
at the ground level on all sides of such
shafts; and (d)
at all other level on all sides of the access
to such shafts; (e)
the walls of hoist shafts, except at
approaches, extend at least two meters above the floor or platform of access to
such shafts; (f)
approaches to a hoist are provided with gates
which are- (g)
gridded to maintain visibility; (h)
at least of two meters height; and (i)
equipped with a device which requires such
gate to be closed before the platform of such hoist can leave the landing and
prevents the gate from being opened unless such platform, is at the landing; (j)
approaches to a hoist are adequately lit; (k)
the guides of hoist platforms offer
sufficient resistance to bending and to bucking, in the case of jamming, by
providing a safety catch; (l)
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 or at least five; (m)
A clear space is provided? (n)
above the highest stopping place of a cage or
platform to allow sufficient unobstructed travel or such cage of platform in
case of overwinding; and (o)
below the lowest stopping place of such cage
or platform; (p)
adequate covering is provided above the top
of hoist shafts to prevent materials from falling into such shafts; (q)
out door hoist towers are erected on
adequately firm foundation and are securely braced, guided and anchored; (r)
a ladder-way extends from the bottom to the
top of every out door hoist tower in case no other ladder way exists within
easy reach and such ladder way comply with the relevant national standards; (s)
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; (t)
All gearing on a hoisting engine is securely
enclosed; (u)
Steam piping of a hoisting engine is
adequately protected against accidental contact of such piping with a building
worker; (v)
Electrical equipment of a hoisting engine is
effectively earthed; (w)
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; (x)
A hoisting engine is protected by a suitable
cover against weather and falling objects; (y)
A hoisting engine set-up in a public through
fare is completely enclosed; (z)
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; (aa)
The motion of a hoist is not reversed without
first bringing it to rest to avoid any harm from such reverse motion; (bb)
A hoist, not designed for the conveyance of
persons, is not set in motion from the platform of such hoist; (cc)
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; (dd)
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; (ee)
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; (ff)
On platform of a hoist, the wheel barrows or
truck are efficiently blocked in a safe position; (gg)
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; (hh)
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 a
load from such platform; (ii)
A platform of a hoist, which has any
probability off falling and part of load from, it is provided with an adequate
covering with such fall; (jj)
the counter-weights of a hoist consisting of
an assemblage of several part are so constructed that such parts rigidly
connected together; (kk)
the counter-weights of a hoist run between
guides; (ll)
at every level of work the building worker
are provided with adequate platforms for performing such work; (mm)
a legible notice in Hindi as well as in a
local language is displayed at? (nn)
a conspicuous place of the platforms of a
hoist and that such a notice states maximum carrying capacity of such hoist in
Kilograms; (oo)
a conspicuous place on the hoisting engine
and that such notice states maximum lifting capacity of such hoist in
Kilograms; (pp)
a conspicuous place on a hoist authorised and
certified for the conveyance of the person on the platform or cage and such
notice states the maximum number of persons to be carried on such hoist at one
time; (qq)
a conspicuous place on a hoist caring goods
and other materials and such notice states that such hoist is not meant for
carriage of person. The employer shall ensure at a construction site of a
building or other construction work that? (a)
safe means of access is provided to every
part of a lifting appliance; (b)
the operator's platform on every crane or tip
driven by mechanical power is securely fenced and is provided with safe means
of access and where access to such platform is by a ladder? (c)
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; (d)
the handing place on such platform is
maintained free from obstruction and slipping; and (e)
in case the height of such ladder exceeds six
metres, the resting platform are provided on such ladder at every six metres of
its height and where the distance between last platform so provided and the top
end of such ladder is more than two metres than such top end. The employer shall ensure at a construction site of a
building or other construction work that every derrick has current and relevant
rigging plans and any other information necessary for the safe rigging of such
derricks and its gear. The employer shall ensure at a construction site of a
building or other construction work that appropriate measures are taken to
prevent the foot of a derrick being lifted out of its socket or support. The employer shall ensure at a construction site of a
building or other construction work that? (a)
Every lifting gear is? (b)
of good design and construction, sound
material and adequate strength to perform the work for which it is used; (c)
free from patent defects; and (d)
properly maintained in good repair and
working order. (e)
Components of the loose gear, at the time of
its use, are renewed if one of its dimensions at any point has decreased by ten
percent or more by user; (f)
A chain is withdrawn from use when it is
stretched and increased in length which exceeds five percent of its length or
when a link of such chain is deformed or is otherwise damaged or raised scarfs
of defective welds is appeared on it; (g)
Rings hooks, swivels and end links attached
to a chain are of the same material as that of such chain; (h)
The voltage of electric supply to any
magnetic lifting device does not fluctuate by more than plus ten percent or
minus ten percent. The employer shall ensure at a construction site of a
building or other construction work that? (a)
A lifting gear is initially tested for the
manufacturer by a competent person, in a manner specified in Schedules in
schedule-l annexed to these rules before taking into use or after undergoing
any substantive alterations which renders its any part liable to affect its
safety and such gear alters such test shall subsequently be retested for the
use of its owner 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; (c)
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 test
and examinations of loose gears under these rules are obtained in Form VII
annexed to these rules. The employer shall ensure at a construction site of a
building or other construction work that? (a)
no rope is used for building or other
construction work unless? (b)
it is of good quality and free from patent
defects; and (c)
in the case of wire rope, it has been tested
and examined by a competent person in the manner specified in Schedule-l
annexed to these rules. (d)
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. (e)
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 percent 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; (f)
eye splices and loops of ropes for the
attachment of hooks, rings and other such parts to wire ropes are made with
suitable thimble; (g)
a thimble or loop splice made in any wire
rope sling conforms to the following standards, namely; (h)
wire rope sling shall have at least three
tucks with full stands of rope and two tucks with one-half of the wires cut-out
of each of such strands in all cases, such stands shall be tucked against the
lay of the rope; (i)
protruding ends of such strands in any splice
of wire rope slings shall be covered or treated so as to leave no sharp points; (j)
a fibre rope or a rope sling shall have at
least four tucks, tail of such tucks being whipped in a suitable manner; and (k)
a synthetic fibre rope or rope sling shall
have at least four tucks with full strand followed by further tuck with
one-half filaments cutout of each of such strand and final tuck with one half
of the remaining filaments cut-out from such strands. Any portion of the
splices containing such tucks, with reduced number of filaments, shall be
securely covered with suitable tape or other materials : Provided that nothing contained in this sub-clause shall
apply where any other form of splice, which may be shown to be as efficient as
the splice with above standards, is used. The 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 of such derricks are effectively annealed under supervision of a
competent person and at the following intervals namely:? (b)
Such chains, rings, hooks, shackles and
swivels which are not more than twelve and a half millimetre of length are so
annealed at least once in every six months; and (c)
all other such chains, rings, hooks shackles
and swivels are so annealed at least once in every twelve month: 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,
hooks shackles and swivels used solely on such derricks and other hoisting
appliances which are worked by hand, the provisions of sub-clause (i) and
sub-clause (ii), as the case may be, shall apply as if for the period of six
months and twelve months the periods of twelve months and two years
respectively been substituted therein: Provided also that in case where the Inspector, having
jurisdiction, if of the opinion that owing to the size, design material or
frequency of use of any such chains, rings, hooks, shackles and swivels, the
requirement of this clause for annealing is not necessary for the protection of
building worker, he may after obtaining the approval of the Chief Inspector,
certify in writing to such employer that subject to the conditions specified in
such certification, such chains, rings, hooks, shackles and swivels are
exempted from such annealing and thereafter the provision of this clause shall
apply subject to such exemption: Provided also that this clause shall not apply to? (d)
pitched chains, working on sprocket, or
sprocketed wheels; (e)
rings, hooks and swivels permanently attached
to pitched chains, pulley blocks or weighing machines; and (f)
hooks and swivels having ball bearings or
other case hardened parts; (g)
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; (h)
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 loose gear
and that such repair is made under the direction of the competent person; (i)
that the wrought iron gear the past history
of which is not traceable, is suspected of being heat treated at in correct
temperature, is normalised before using it on any building or other
constructions work. The 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 rule 56, rule 62, rules 71 and 72 only after
actual testing or, as the case may be, examination of the apparatus specified
in the said rules. The employer shall ensure at a construction site of
building or other construction work that:? (a)
a register in form XXVI, annexed to these
rules is maintained and particulars of such test and examination of lifting
appliances, lifting gears and heat treatment as required under rule 56, rule
62, and rule 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:? (c)
in case of initial and periodical test and
examination under rule 56 and rule 71 for? (d)
winches derricks, and their accessory gears
in Form V annexed to these rules; (e)
cranes or hoists and their accessory gears in
Form VI annexed to these rules; (f)
In case of test, examination and
re-examination of loose gears under clause (d) of rule 70 in Form VII annexed
to these rules; (g)
In case of test and examination of wire ropes
under rule 62 in Form VIII annexed to these rules; (h)
In case of heat treatment and examination of
the loose gears under rule 72 in Form IX annexed to these rules; (i)
In case of annual thorough examination of the
loose gears under clause (b) of rule 70, except where required particulars of
such exemption have been enclosed in the register referred to in clause (a), in
Form XXVI, annexed to these rules, and such certificate are attached to the
register referred to in clause (a). (j)
the register referred to in clause (a) and
the certificates referred to in clause (b) attached to such register are? (k)
Kept at such construction site in case such
register and certificate relate to lifting appliances, loose gear and wire
ropes; (l)
Produced on demand before an Inspector having
jurisdiction; and (m)
Retained for at least five years after the
date of the last entry made in such register. (n)
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. The employer shall ensure at a construction site of a
building or other construction work that? (a)
No vacuum lifting gear, magnetic lifting gear
or any other lifting gear where the load on it is held by adhesive power, is
used while workers are performing operations beneath such gear; (b)
A magnetic lifting gear used in connection
with building or other construction work is provided with a alternative supply
of power, such as batteries, which may come into operation immediately in the
event of failure of the main power supply; (c)
No building worker shall work within the
swinging zone of the lifting gear or load or building or other construction
material suspended to such lifting gear. The employer shall ensure at a construction site of a
building or other construction work that no chain or wire rope with a knot in
it is used in building or other construction work. (1)
The employer shall ensure at a construction
site of a building or other construction work that no building worker is
raised, lowered or carried by a power driven lifting appliance except? (a)
on the driver's platform in the cage of a
crane; or (b)
on a hoist; or (c)
on an approved suspended scaffold: Provided that a building worker may be raised, lowered or
carried by a power driven lifting appliance? (d)
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 (e)
on an aerial cable way or aerial rope way 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:? (3)
that the appliance referred to in such
proviso can be operated from one position only; (4)
that any which used in connection with the
appliance referred to in such proviso comply with the requirement of Rule 59; (5)
that no person shall be carried by the
appliance referred to in such proviso except? (6)
in a chair or cage; or (7)
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, sound material,
and has adequate strength and is properly maintained with suitable means to
prevent any occupant therein from failing out of it and is free from any
material or tools which may interfere with the hand hold or foot hold of such
occupant or otherwise endanger him; and (8)
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. The employer shall ensure at a construction site of a
building or other construction work that? (a)
No building worker is carried by a hoist
unless it is provided with a cage which? (b)
is so constructed as to prevent, when its
gates are shut, any building worker carried by such hoist from falling out of
it or from being trapped between any part of such cage and any fixed structure
or other moving part of such hoist or from being strucks by articles or
materials falling down the hoist way on which such hoist is moving; and (c)
is fitted on each of its side from which,
access is provided to a landing place with a gate which has efficient
interlocking or other devices to secure so that such gate cannot be opened
except when such cage is at a landing place and that such cage cannot be moved
away from any such place until such gate is closed. (d)
every gate is 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 can not 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. (e)
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 at point above the lowest point to
which such cage may travel. The 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; (b)
every container or receptacle used for
raising or lowering stone, bricks, titles, slates or other similar objects is
so enclosed with the hoist as to prevent the fall of such objects; (c)
a loaded wheel barrow placed directly on a
platform of a hoist for raising or lowering of such wheel barrows is so secured
that such wheel barrows cannot move and such platform is enclosed to prevent
the fall of the contents kept in such wheel barrows; (d)
landings of a hoist are so designed and
arranged that building workers on such hoist are not required to lean out into
empty space for loading and unloading any material from such hoist. The employer shall ensure at a construction site of a
building or other construction work that? (a)
No person other than the operator trained and
capable to work at heights are employed to operate tower cranes; (b)
The ground on which a tower crane stands has
adequate bearing capacity; (c)
Bases for tower cranes and trucks for
rail-mounted tower cranes are firm and levelled and such cranes are erected at
a reasonably safe distance from excavations and are operated within gradient
limits as specified by the manufacture of such cranes; (d)
Tower cranes are sited where there is a clear
space available for erection, operation and dismantling of such cranes; (e)
Tower cranes are sited in such a way that the
loads on such cranes are
not handled over any occupied premises, public through fares, railways or near
power cables, other than construction works for which such cranes are used; (f)
Where two or more tower cranes are sited and
operated, every care is taken to ensure positive and proper communication
between operators of such cranes to avoid any danger or dangerous occurrences; (g)
Tower cranes are used for loading magnet or
demolition ball service, piling operation or other similar operations which
could impose excessive load stresses on the crane structure of such cranes; (h)
The instructions of the manufacture of a tower
crane and standard safe practices regarding such crane are followed while
operating or using such crane. The employer shall ensure at a construction site of a
building or other construction work that no person is employed to drive or
operate a lifting appliance whether driven by mechanical power or otherwise or
to give signals to drive or operator of such lifting appliance or to work as a
operator of a rigger or derricks unless he? (a)
is above eighteen years of age; (b)
is sufficiently competent and reliable; (c)
possess the knowledge of the inherent risks
involved in the operation of lifting appliances; and (d)
is medically examined periodically as
specified in Schedule VII annexed to these rules. CHAPTER-VIII Runways
and Ramps The employer shall ensure at a construction site of a
building or other construction work that:? (a)
runway or ramp provided for use by building
workers is not less than four hundred and thirty millimetres in width and is
constructed of not less than twenty five millimetre 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 grounds is
on open sides provided with a guard rail of adequate strength and height of not
less than one thousand millimetres. The employer shall ensure at a construction site of a
building or other construction work that? (a)
all runways and ramps are of sound
construction, strength and are securely braced and supported; (b)
every runway or ramp for the use of transport
equipment like trailers, trucks or heavier vehicles has a width of not less
than three point seven metres and is provided with timer curbs or any other
material of adequate strength with not less than two hundred millimetres by two
hundred millimetres in width placed parallel, to and secured to, the sides of
such runway or ramps and such runways or ramps are designed in accordance with
the relevant national standards. The employer shall ensure at a con struction site of a
building or other construction work that every ramp has a slope not exceeding
one in four and the total rise of a continuous ramp used by building workers
carrying material or using wheel-barrows does not exceed three 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. The employer shall ensure at a construction site of a
building or other construction work that? (a)
every runway or ramp used for wheel-barrows,
hand carts or hand trucks is not less than one metre in width and is constructed
of not less than fifty millimetres thick planking and is supported and braced
suitably for such use; (b)
every runway or ramp located more than three
metres above the floor or ground is provided on the open sides with suitable
guard rails of adequate strength. CHAPTER-IX Work
on or adjacent to water (1)
The employer shall ensure at a construction
site of a building or other construction work that? (a)
When any building worker has to proceed to or
from any working placed by water for purposes of carrying on a building or
other construction work, proper measures are to provide for his safe
transportation and vessels used for such purpose are used in charge of a
responsible person and are property 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; (3)
that adequate protection is provided to the
building workers in such vessel from inclement weather; (4)
that such vessel is manned by adequate and
experienced crew, as per the relevant law for the time being in force; (5)
that in case the bufwarks of such vessel are
lower than sixty centimetres from the level of the deck of such vessel, the
open edge of such bulwarks are fitted with suitable fencing to a height of at
least one metre above such deck and the post and stanchions and similar parts
used in such fencing are not spaced more than two metres apart; (6)
that the number of life buoys on deck of such
vessel is at least equal to the number of crew members of such vessel and is
not less than two; (7)
that all life buoys on deck of such vessel
are kept in good state of maintenance and are so placed that if such vessel
sinks then they remain to float and one of such buoys is within the immediate
reach of the steer man of such vessel and another is situated after part of
such vessel; and (8)
that the position of the steer man of the
vessel is such that he has a reasonably free view of all sides. The employer shall ensure at a construction site of
building or other construction work that where, on or adjacent to the work
place of any construction site to which these rules apply, there is water into
which a building worker employed for work on such site is, in the course of his
employment, may fall and has the risk of drowning, suitable rescue equipment is
provided and kept in an efficient stage 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 of floating stage, as the case may be, to prevent such fall,
and such fencing may be removed or allowed to remain unerected 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-X Transport
and Earth Moving Equipment The employer shall ensure at a construction site of
building or other construction work that? (a)
all vehicles and earth moving equipment are
made of good material, proper design and sound construction and are
sufficiently strong for the purpose for which such equipment are used and are
maintained in good state of repair and are properly used in accordance with
standard safe operating practices: Provided that the truck or trailer employed for
transporting freight containers are of the size sufficient to carry the
containers, without overhanging and are provided with twist locks conforming to
national standards, at all the four corners of each of such truck or trailers
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 inspections maintained. (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; (c)
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? (e)
of sound construction and free from defects; (f)
provided with tie chains attached to the top
across the loads for preventing such stanchions from spreading cut; and (g)
kept in position while loading and unloading; (h)
safe gangways are provided for to and fro
movement of building workers engaged in loading and unloading of lorries,
trucks, trailers and wagons; (i)
trucks and other equipment are not loaded
beyond their safe carrying capacity which shall be clearly marked on such
trucks and other equipment; (j)
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; (k)
no unauthorized person rides the transport
equipment employed in such work; (l)
a driver of transport equipment manoeuvres
such equipment under the direction of a signaller; (m)
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; (n)
vehicles and earth moving equipments are not
left on a slope with the engine of such vehicles or equipment running; (o)
all earth moving equipments, vehicles or
other transport equipment are operated only by such person who are adequately
trained and possess such skill as are required for safe operation of such
equipment, vehicle or other transport equipment. The employer shall ensure at a construction site of
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)
examined and tested in accordance with the
requirement for such mobile crane under these rules; and (c)
fitted with an automatic safe working load
indicator; (d)
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. The employer shall ensure at a construction site of a
building or other construction work that? (a)
an operator of a bulldozer before leaving
such bulldozer? (b)
applies the brakes; (c)
lowers the blade and sipper; and (d)
puts the shift lever into neutral; (e)
a bulldozer is left on level ground at the
close of the work for which such bulldozer is used; (f)
the blade of a bulldozer is kept low when
such bulldozer is moving uphill; (g)
the bulldozer blades are not used as brakes
except in an emergency. The employer shall ensure at a construction site of a
building or other construction work that:? (a)
a tractor and scraper is joined by safety
line at the time of its operation; (b)
the scraper bowls are propped while blades of
such scraper are being replaced; (c)
a scraper moving downhill is left in gear. The employer shall ensure on a construction site of a
building or other construction work that? (a)
a mixture elevator is within a wooden or
sheet metal enclosure with a window for observation, lubrication and
maintenance, (b)
bitumen scoops have adequate covers; (c)
when asphalt plants are working on a public
road, adequate traffic control is established on such road and the building
workers working with such plant are provided with reflecting jackets; (d)
a sufficient number of fire extinguishers are
kept in readiness on such work place where fire hazards may exist; (e)
the materials are loaded on the elevator
after the drying drain has warmed up of such elevator; (f)
no open light 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. The employer shall ensure at a construction site of a
building or other construction work that pavers are equipped with guards
suitable to prevent building workers from walking under the skip of such
pavers. The employer shall ensure at a construction site of a
building or other construction work that? (a)
before a road roller is used on the ground,
such ground is examined for its bearing capacity and general safety, especially
at the edges of slopes such as embankments on such grounds; (b)
a roller is not moved down hill with the
engine out of gear. The employer shall ensure at a construction site of a
building or other construction work that? (a)
every vehicle or earth moving equipment is
equipped with? (b)
?silencers; (c)
tail lights; (d)
power and hand brakes; (e)
reversing alarm; and (f)
search light for forward and backward
movement, which are required for safe operation of such vehicle or earth moving
equipment. (g)
the cab vehicle or earth moving equipment is
kept at least one metre from the adjacent face of a ground being excavated; (h)
when a crane or shovel are travelling, the
boom of such crane or shovel is in the direction of such travel and the bucket
or scoop attached to such crane or shovel is raised and without load, except
when such travelling is downhill. CHAPTER-XI Concrete
Work The employer shall ensure at a construction site of a
building or other construction work that? (a)
all construction with the use of concrete or
reinforced concrete are based on plans as? (b)
include specifications of steel and concrete
and other material to be used in such construction; (c)
give technical details regarding methods for
safe placing and handling of such materials as specified in sub-clause (i); (d)
indicate the type, quality and arrangement of
each part of a structure of such construction; and (e)
explain the sequence of steps to be taken for
completion of such construction; (f)
formwork and shores used for concrete work
are structurally safe and are properly braced or tied together so as to
maintain position and shape of such formwork or shores; (g)
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. The employer shall ensure at a construction site of a
building or other construction work that? (a)
A building worker handling cement or concrete- (b)
wears close-fitting clothing, gloves, helmet
or hard hat, safety goggles, proper foot wear and respirator or mask to protect
him from danger in such handling; (c)
keep as much of his body covered as is
required to protect him from danger in such handling; (d)
takes all necessary precautions to keep
cement and concrete away from his skin in such handling. (e)
Lime pits are fenced or enclosed. (f)
Lime pits are filled and emptied by such
devices which do not require workers to go into the pit; (g)
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 in gradients of
concrete are securely fenced to avoid contact of building workers with such
moving parts; (h)
Screw conveyors used for cement, lime and
other dusty materials are completely enclosed. The employer shall ensure at a construction site of a
building or other construction work that? (a)
concrete buckets used with cranes or aerial
cableways are free from projections from which accumulations of concrete could
fall; (b)
movements of concrete buckets are governed by
signals necessary to avoid any danger by such movements. The employer shall ensure at a construction site of a
building or other construction work that? (a)
a scaffolding carrying a pipe for pumped
concrete is strong enough to support such pipe at time when such pipe is filled
with concrete or water or any other liquid and to bear all the building workers
who may be on such scaffold at such time, safely; (b)
every pipe for carrying pumped concrete is? (c)
securely anchored at its end point and at
each curve on it; (d)
provided near the top of such pipe with an
air release valve; and (e)
securely attached to a pump nozzle by a
bolted collar or other adequate means; (f)
the operation of concrete pump are governed
by standard signals relevant in accordance with the relevant national
standards; (g)
building workers employed around a concrete
pump wear safety goggles. The employer shall ensure at a construction site of a
building or other construction work that? (a)
the concrete mixture does not contain any
material which may unduly affect the setting of such concrete, weaken such
concrete or corrode steel used with such concrete; (b)
when dry ingredients of concrete are being
mixed in confined spaces such as silos? (c)
the dust shall be exhausted at the time of
such mixing; and (d)
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. (e)
when concrete is being tipped from buckets,
building workers are kept out of the range of any kickbacks of such buckets; (f)
loads are not dumped or placed on settling
concrete. The employer shall ensure at a construction site of a
building or other construction work that? (a)
all parts of a concrete panel or concrete
slab are hoisted uniformly; (b)
concrete panels are adequately braced in
their final positions and such bracings shall remain in such position until
such panels are adequately supported by other parts of the construction for
which such panels are used; (c)
temporary bracing of concrete panels are
securely fastened to prevent any part of such panels from falling when such
panels are being moved. The employer shall ensure at a construction site of a
building or construction work that? (a)
building workers do not stand directly over
jacking equipment while stressing of concrete girders and beams is being done; (b)
a pre-stressed concrete unit is not handled
except at point on such unit and by the devices specified for such work by the
manufacturer of such devices; (c)
during transport, pre-stressed concrete,
girders or concrete beams are kept upright by bracing or other effective means; (d)
anchor fittings for pre-tensioned strands of
pre-stressed concrete girders or concrete beams are kept in a safe condition in
accordance with the instruction of manufacturer 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. The employer shall ensure at a construction site of a
building or other construction work that? (a)
a building worker, who is in good physical
condition, operates vibrators used in concreting work; (b)
all practical measures are taken to reduce
the amount of vibration transmitted to the operators working in concreting
work; (c)
when electric vibrators are used in
concreting work? (d)
such vitrators shall be earthed; (e)
the leads of such vibrators shall be heavily
insulted; and (f)
the current shall be switched-off when such
vibrators are not in use. The employer shall ensure at a construction site of a
building or other construction work that? (a)
a person responsible for a concreting work
supervises the erection of the formwork, shores, braces and other supports used
for such concreting work; (b)
a person responsible for concreting work
makes a thorough inspection of every formwork after erection of such formwork
in such concreting work to ensure that such formwork is safe; (c)
a person responsible for a concreting work
regularly inspects the formwork, shores, braces, reshores and other supports
during the placing of concrete; (d)
any unsafe condition which is discovered
during the inspections mentioned under clauses (b) and (c) is remedied
immediately; (e)
a person responsible for a concreting work
keeps all records of inspections referred to in clause (a) and clause (b) at
the work place relating to such inspection and produce them for inspection upon
the demand of an Inspector having jurisdiction. The employer shall ensure at a construction site of a
building or other construction work that? (a)
horizontal and diagonal bracings are provided
in both longitudinal and transverse directions as may be necessary to provide structural
stability to formwork used in concreting work and shores used in such
concreting work are properly seated top and bottom and are secured in their
places; (b)
where shores used in concreting work rest
upon the ground, base plates are provided for keeping such shores firm and in
level; (c)
where the floor to ceiling height of a
concreting work exceeds nine 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 concreting
work exceed seven hundred kilogram per square meter, the structure of such
formwork is designed by a professional engineer in the relevant field and the
specifications and drawings of such formwork are kept at such construction site
and produced on demand before the inspector having jurisdiction; (d)
where the structure of the formwork used in
concreting work is designed by a professional engineer, such engineer shall be
responsible for the supervision of construction and stability of such
structure. The employer shall ensure at a construction site of a
building or other construction work that? (a)
Stripping of formwork used in concreting work
shall not commence unless and until the concrete on such formwork is full 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; (c)
Protruding nails, wire ties and other
formwork accessories not required for subsequent concreting work are pulled,
cut or otherwise made safe. The employer shall ensure at a construction site of a
building or other construction work that? (a)
Reshoring used in concreting work is provided
to a slab or beam for its safe support after its stripping or where such slab
or beam is subjected to superimposed loads due to construction above such slab
or beam; (b)
The provisions applicable to shoring in a
concreting work under this chapter shall also be applicable to reshoring in
such work. CHAPTER-XII Demolition The employer shall ensure at a construction site of a
building or other construction work that all glass or similar material or
article in exterior openings are removed before commencing any demolition work
and all water, steam, electric, gas and other similar supply lines are put-off
and suitably capped and the concerned department of the 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 protecte 1 with substantial coverings so as to protect it from
damage and to afford safety :o the building workers and the general public. The employer responsible for a demolition work at a
construction site of a building or other construction work shall, during
demolition process of such demolition work, examine the walls of all structures
adjacent to the structure to be demolished to determine the thickness, method
of support to such adjacent structures and in case, such employer has reason to
believe that any of such adjacent structure is unsafe or may become unsafe
during such demolition process, he shall not perform demolition activity affecting
such unsafe adjacent structure unless and until remedial measures like sheet
ceiling, shoring, bracing or similar other means so as to ensure safety and
stability to such unsafe adjacent structure from collapsing are taken. The 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 not permitted to
fall in such masses or volume or weight as to endanger the structural stability
of any floor or structural support; (c)
no wail, 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 storey high above the
uppermost floor on which persons are working. The employer shall ensure at a construction site of a
building or other construction work that debris, bricks and other materials or
articles are removed? (a)
by means of chutes; (b)
by means of buckets or hoists; (c)
through openings in the floors; or (d)
by any other safe means. The employer shall ensure at a construction site of a
building or other construction work that safe access to an egress from every
building is provided at all 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. The 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 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; (c)
Where 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. The 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; (c)
suitable barricades are provided so as to prevent
materials or articles from sliding or rebounding into any space used by the
building workers. The 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 workers has access to within a
horizontal distance of six metres from such opening through which debris is
being dropped. The 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 hazard exist unless
remedial measures like shoring or bracing are taken to prevent such hazard. The 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 unauthorised 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 metres 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 platform 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; (c)
suitable and standard warning signs in
accordance with national standards are displayed or erected at conspicuous
places or position at the work place. The 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 there of 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; (c)
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 person 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-XIII Excavation
and Tunnelling Works (1)
Every employer carrying out any excavation or
tunnelling work at construction site of a building or other construction work
shall, within thirty days, prior to the commencement of such excavation or
tunnelling work inform in writing the detailed layout plans, method of
construction and schedule of such excavation or tunnelling work to the Chief
Inspector. (2)
In case compressed air is used in such
excavation or tunnelling work or any work incidental to or required for such
excavation or tunnelling work, the technical details and drawings of all
man-locks and medical-locks together with names and addressess of all
construction medical officers having qualification as laid down in Schedule XI
annexed to these rules and so appointed by such employer for the purpose of
such excavation or tunnelling work shall be sent to the Chief Inspector. (1)
Every employer undertaking any excavation or
tunnelling work shall appoint a project engineer for safe operation of such
projects of such excavation or tunnelling 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. (1)
Every employer undertaking excavation or
tunnelling work at construction site or a building or other construction work
shall appoint a responsible person for safe operation for such excavation or
tunnelling 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
tunnelling work; (b)
to inspect and rectify any hazardous
situation relating to such excavation or tunnelling work; (c)
to take remedial measures to avoid any unsafe
practice or conditions relating to such excavation or tunnelling work. (3)
The name and address of the responsible
person referred to in sub-rule (1) shall be forwarded to the Chief Inspector. The 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 to building workers carrying out the work of an excavation or
tunnelling, shall be displayed or erected at conspicuous places in Hindu and in
a language understood by the majority of such building workers at such
excavation or tunnelling work. (b)
Such warning signs and notices with regard,
to compressed air working shall include? (c)
the danger involved in such compressed air work; (d)
fire and explosion hazards; (e)
the emergency procedures for rescues from
such danger or hazards. (1)
Every employer shall ensure that at a
construction site of a building or other construction work where an excavation
or tunnelling work is being carried on, a register of employment of building
workers carrying out such excavation or tunnelling work, is maintained and
produced on demand to the Inspector having jurisdiction. (2)
Periods of work of such excavation or tunnelling
work in which such building workers are employed, shall be maintained in a
register on day-to-day basis and such register shall be produced on demand to
the Inspector having jurisdiction. (1)
The employer shall ensure at a construction
site of a building or other construction work that all work place where
excavation or tunelling works are carried out shall be adequately illuminated
in accordance with the relevant national standards. (2)
Every employer carrying out excavation or tunnelling
work at a construction site of a building or other construction work shall
provide for emergency generators on such construction site to ensure adequate
illumination at all work places where such excavation or tunnelling work is
being carried out, in case of power failure. The employer shall ensure at a construction site of a
building or other construction work that? (a)
where there is any doubt as the stability or
any structure adjoining the work place or other areas to be excavated or where
tunnelling work is to be carried out, the project engineer referred to in rule
120 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 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 pilling and bracing against such bank or side; (c)
the excavation and its vicinity are checked
by a responsible person referred to in rule 121 after every rain, storm or
other occurrences carrying hazards and in case a hazard is noticed at such
checking, (d)
adequate protection against slides and
cave-in to prevent such hazard is provided; (e)
temporary sheet pilling 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 121 after an-inspection
carried out by such responsible person; (f)
where banks of an excavation are undercut,
adequate shoring is provided to support the material or article over-hanging
such bank; (g)
excavated material is not stored at least
zero point six five metres from the edge of an open excavation or trench and
the banks of such excavation or trench are stripped of loose rocks and other
materials which may slide, roll or fall upon a building worker working below
such bank; (h)
adequate and suitable warning signs are
put-up at conspicuous places at the excavation work to avoid any person falling
into the excavation or trenches; (i)
the responsible person referred to in rule
121, 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. The employer shall ensure at a construction site of a
building or other construction work that? (a)
Plank used for sheet pilling in excavation or
tunnelling work is of sound material with adequate strength; (b)
Shores and braces used in excavation or tunnelling
work are of adequate dimensions and are so placed as to be effective for their
intended purpose; (c)
Earth supported shores or braces used in
excavation or tunnelling work bear against a footing of sufficient area and
stability to prevent the shifting of such shores or braces. The employer shall ensure at a construction site of
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. The employer shall ensure at a construction site of a
building or other 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 metre and such protection is an improved
protection in accordance with the design and drawing of a professional
engineer, where such depth exceeds four metres. The 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 pilling, one above the other, the lower piling is set inside
the bottom strings or wales of the upper pilling and such sheet pilling is
driven down and braced as the excavation continues; (b)
all metal sheet piles used in excavation or a
trenches are weilded end to end and secured by other similar means. The employer shall ensure at a construction site of a
building or other construction work that any machinery used in excavation and
tunnelling 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. The 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 site of a working in compressed air environment for his
excavation or tunnelling work; and (b)
such breathing apparatus is maintained in
good working condition at all times. The 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, the 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, rockbolts or similar other safe
means; (c)
the responsible person referred to in rule
121 examines and inspects the work places in a tunnel before the commencement
of a work in such tunnel, and at regular intervals thereafter, to ensure safety
of the building workers in such tunnel; (d)
the portal area of tunnel with loose soil, or
rock, likely to cause injury to a person are adequately protected with
supports. The 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. The 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; (b)
where a building worker is required to enter
a shaft at an excavation or tunnelling work, safe means of access is provided
for such entry; (c)
every shaft at excavation or tunnelling 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 tunnelling work upto the depth of such shaft at an
excavation or tunnelling work acoording 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 tunnelling work if
the ground surrounding such opening is unstable or unsafe. The employer shall ensure at 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 tunnelling work
required to descend more than fifty metres in a shaft. The 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
tunnelling work at the following locations, namely:? (b)
working chamber at the face of an excavation; (c)
intervals of hundred metres along the tunnel; (d)
working chamber side of a man lock, near the
door of such man lock; (e)
?interior of each chamber of a man lock; (f)
location conspicuous a lock attendant's
station; (g)
a compressor plant; (h)
a first-aid station; and (i)
outside the portal or that top of a shaft. (j)
such number of bells and whistles are made
available at all times at the location referred to in sub-clause (i) to
sub-clause (vii) of clause (a) as are necessary for the safety of persons at
such locations. The employer shall ensure at a construction site of a
building or other construction work that the standard audio or video signals
are used in excavation or tunnelling work and are conspicuously located or
displayed near entrance to the work place and in such other locations as may be
necessary to bring such signals to notice of all building workers employed in
such excavation or tunnelling work. The employer shall ensure at a construction site of a
building or other construction work that? (a)
the minimum lateral clearance of half a metre
is maintained between any part of a vehicle and any fixture or any re-equipment
used in an excavation or tunnelling work after allowing the throw or swing of
such fixture or equipment; (b)
the overhead clearance for a locomotive drive
at excavation or tunnelling 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. The 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. Wherein the course of
working they are liable to be stuck by moving vehicle or other material
handling equipment in a tunnel. The employer shall at a construction site of a building
or other construction work that no internal combustion engine is used
underground in excavation or tunnelling 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. The 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 tunnelling work. The employer shall ensure at a construction site of a building
or other construction work that only high pressure hydraulic hoses and coupling
are used on hydraulic plants underground and such hoses and coupling are
adequately protected against any possible damage in excavation or tunnelling
work. The 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
ortunnelling work. The 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. The 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. The 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 ortunnelling 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). The 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 substances are not used, stored inside the tunnel except with
the prior approval of the project enginner under rule 120; (b)
after the use of the petroleum or liquefied
petroleum gas, or highly inflammable substances referred to in clause (a), all
remaining petroleum or liquefied petroleum gas or highly inflammable substances
are removed immediately from such tunnel; (c)
no oxy-acetylene gas is used in a compressed
air environment in excavation or tunnelling work. The employer shall ensure at a construction site of a
building or other construction work that? (a)
adequate number of water outlets are provided
on excavation or tunnelling work and are readily made accessible throughout the
tunnel for fire fighting purpose and such water outlets are maintained for
effective fire fighting; (b)
all air locks are equipped with fire fighting
facilities at excavation or tunnelling work; (c)
an audible fire alarm is provided to warn the
building workers whenever a fire breaks out on an excavation or tunnelling
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 or
tunnelling work; (e)
fire extinguishers with vaporising 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 tunnelling work,
written in Hindi or local language understood by the majority of the building
workers employed on such excavation or tunnelling work, are displayed at
conspicuous and vulnerable places of such excavation or tunnelling work. The employer shall ensure at construction site of a
building or other construction work that? (a)
water tight bulkhead doors are installed at
the entrance of a tunnel to prevent flooding during a tunnelling 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
bulk-head door of such tunnel is closed; (c)
where there is likelihood of flooding or
water rushing into a tunnel during a tunnelling work, arrangements are made for
immediate starting of water pumps to take out water of such flooding or water
rushing and for giving alert signal to the building workers and other persons
to keep them away from danger. The employer shall ensure at a construction site of a
building or other construction work that air tight steel curtains are provided
in areas liable to flooding at tunnelling 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. The employer shall ensure at a construction site of a
building or other construction work that? (a)
Where building workers employed in a compressed
air environment in a tunnelling work are required to remain at the work site
for one hour or more after de-compression 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 tunnelling work is maintained in
a clean state and in good repairs; (c)
A first-aid room is provided and is readily
available at a construction site of a tunnelling work; (d)
Each man-lock attendant station is provided
with a first-aid box at a construction site of a tunnelling work. The 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 XII annexed to these rules; (b)
the responsible person referred to in rule
121 conducts necessary test before the commencement of a tunnelling 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. The 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 metre per minute
for each building worker employed underground in such tunnel and the free air-flow
movement inside such tunnels not less than nine metres per minute. The employer shall ensure at a construction site of a
building or other construction work that air intake points for all air
compressors are located at place where such intake air does not get
contaminated with dust, fumes, vapour and exhaust gases or other contaminants. The 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 systems of such compressed air system; (b)
the emergency power supply system is
maintained and is readily available at all times at an excavation or tunnelling
work. The 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 an excavation or tunnelling
work is protected against accidental damage and where it is not practicable to
provide such protection, a stand-by air main is provided. The employer shall ensure at a construction site of a
building or other construction work that? (a)
a bulk-head or air tight 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 bulk-head or diaphragm and such bulk-head or diaphragm is tested before
its each use by a responsible person referred to in rule 121 to ensure that
such bulk-head or diaphragm is in proper working order; (b)
such responsible person keeps the record of
each test referred to in clause (a) and such record is produced for inspection
to the inspector having jurisdiction on demand; (c)
the bulk-head 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 bulk-head anchorage and air lock is tested
at its work place at an excavation or tunnelling work immediately after their
installation at such place. The 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 tunnelling work are
securely anchored. The employer shall ensure at 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
tunnelling work are operated at a voltage not exceeding twenty four volts. The employer shall ensure at a construction site of a
building or other construction work that? (a)
adequate number of differential ground fault
circuit breakers are installed for every electrical distribution system and its
sub-system used at an excavation or tunnelling work and the sensitivity of each
of circuit breaker is adjusted in accordance with the requirement set out in
accordance with the relevant national standards; (b)
no semi-enclosed fuse unit is used in
underground place at an excavation or tunnelling work. The 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. The employer shall ensure at a construction site of a
building or other construction work that is no exposed live wire in working
areas at an excavation or tunnelling work which are accessible to building
workers other than those authorised to work on such live lines. The employer shall ensure at a construction site of a
building or other construction work that all weilding sets used in a tunnel are
of adequate capacity and of suitable type approved by Chief Inspector. The employer shall ensure at a construction site of a
building or other construction work that? (a)
every working chamber at an excavation or
tunnelling 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 tunnelling
work; (c)
the air supplied in a compressed air
environment at a tunnelling work is as far as practicable free from odour and
other contaminants, namely, dust, fumes and other toxic substances. The employer shall ensure that a construction site of a
building or other construction work that the temperature in any working chamber
at an excavation or tunnelling work where building workers are employed does
not exceed twenty nine degree centigrade and 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. The employer shall ensure at a construction site of a building
or other construction work that? (a)
man-locks used at a tunnelling 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 any emergency; (b)
doors of man-locks at an excavation or
tunnelling work are made of steel; (c)
men-locks used at a tunnelling work are
airtight and devices are provided for sealing the doors when such locks are
under pressure; (d)
the anchorage of a man-lock used at tunnelling
work have adequate strength to withstand the pressure exerted by air on the
man-lock; (e)
there is adequate room available for the
building worker for working in the man-lock used at tunnelling work; (f)
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; (g)
where work is carried out in any tunnelling
work, safety instructions in Hindi and in local language under stood by
majority of building workers employed therein are displayed at conspicuous
place at such tunnelling work; (h)
except in an emergency, compression and
decompression operations are carried out in a man-lock used at tunnelling work; (i)
in an emergency any material lock may be used
at tunnelling work for compression and decompression of building worker and a
record is kept in writing and produced for inspection on demand to the
inspector having jurisdiction; (j)
material-lock is used with the permission of
Chief Inspector for compression and decompression of building workers, where it
is impracticable to install both the man-lock and the material-lock at a
tunnelling work; (k)
decompression of all building workers to
atmospheric condition at tunnelling work is carried out in accordance with a
de-compression procedure approved by the Chief Inspector; (l)
the man-lock at tunnelling work is not used
for any purpose other than compression or decompression of building workers; (m)
no decanting of building workers at
tunnelling work is carried out without prior approval of Chief Inspector except
in an emergency; (n)
in case a building worker collapses or is
taken ill during his decompression in a man-lock used at tunnelling 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 decompression and such lock
attendant immediately reports the matter relating to such collapse to the
medical-lock attendant and medical officer on a duty at such tunnelling work; (o)
a building worker who had previously received
training with trained building worker to work in a compressed air environment
at tunnelling work is employed to work independently in such a compressed air
environment; (p)
a building worker who had undergone three
decompressions from a pressure exceeding one bar in a period of eight hours at
tunnelling work is not allowed to enter a compressed air environment except for
the purpose of carrying out rescue work; (q)
a building worker employed in a compressed
air environment for a period of eight hours in a day at tunnelling work is not
employed again in such environment unless he has spent not less than twelve
consecutive hours of rest at atmospheric pressure; (r)
no building worker is engaged in a compressed
air environment at a pressure which exceeds three bars at tunnelling work
unless prior permission, in writing, has been obtained from the Chief Inspector
for such engagement; (s)
no building worker is employed in a compressed
air environment for more than fourteen consecutive days in a month at
tunnelling work; (t)
a register of employment of all building
workers employed in compressed air environment at tunnelling work, is
maintained; (u)
an identification badge is supplied to a
building worker employed in compressed air environment at tunnelling work; (v)
the badge of a building worker referred to in
sub-clause (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; (w)
record of all identification badges supplied
to building workers under sub-clause (xvi), is kept in a register; (x)
every building workerwhose 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 tunnelling work; (y)
suitable warning signs are displayed in the
compressed air environment at tunnelling work for the prohibition of folk wing,
namely:? (z)
use of alcoholic drinks; (aa)
use and carrying of lighters, matches or
others sources of ignition; (bb)
smoking; and (cc)
an entry to person who has consumed alcoholic
drinks. The employer shall ensure at a construction site of a
building or other construction work that all building workers employed in
compressed air environment at tunnelling work follow the instructions issued
for their safety in the course of such employment. The employer shall ensure at a construction site of a
building or other construction work that? (a)
a suitably constructed medical lock is
maintained at tunnelling 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
tunnelling 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 door used at such tunnelling work. CHAPTER-XIV Construction,
repair and maintenance of steep roof The 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
roof. The 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
under side 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. The employer shall ensure at a construction site of a
building or other construction work that? (a)
all crawling boards used for work on steep
roof are of adequate strength, made of sound material and of the type approved
for the purpose of their use as per relevant national standards; (b)
crawling board referred to in clause (a) are
kept in good repairs and inspected by a responsible person before being taken
into use; (c)
crawling board referred to in clause (a) is
secured to a steep roof on which it is used by ridge hooks or other effective
means; (d)
a firmly fastened life line of adequate
strength is strung beside each crawling board referred to in clause (a)
throughout its length while using such crawling boards. CHAPTER-XV Ladders
and step-ladders 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 uther 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; (c)
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
ladders, sufficient foot-hold and hand-hold are provided for use by the building
worker; (e)
every ladder is? (f)
secured so as to prevent undue swaying; (g)
equally and properly supported on each of its
upright; (h)
so used as not to cause undue sagging; and (i)
placed as nearly as possible at an
inclination of four in one; (j)
the use of all ladders and step-ladders
conform to the relevant national standards for their use. The 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 its support solely on nails,
spikes or other similar fixing. The 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 urpright; and (c)
have reinforcing metal ties, if the tenons of
such ladders are not secured by wedges. CHAPTER-XVI Catch
platform and hoardings, chutes safety belts and nets The employer shall ensure at a constructions 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 in inclined so that the position of outer edge of such platform is fifteen
hundred millimetres higher than the inner edge; (c)
the open and of catch platform is properly
fenced to the height not less than one metre. The employer shall ensure at a construction site of a
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. The 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; (c)
every chute? (d)
is constructed of sound material, adequate
strength and is suitable for the purpose it is intended for use; (e)
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. (f)
a suitable warning notice is displayed at
conspicuous location, written in Hindi and in a local language, at the
discharge and every chute; (g)
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. The employer shall ensure at a construction site of a
building or other construction work that? (a)
safety belt, life lines and devices for the
attachment of such life lines conform to the relevant national standards; (b)
every building worker is supplied with safety
belt and safety life lines for his protection and such building worker uses
such belts and life lines during the performance of his work; (c)
all building workers using safety belts and
safety life lines have the knowledge of safe use and maintenance of such belts
and life lines and are supplied with necessary instruction; (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. The employer shall* 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 ensure 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. The 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, safely life linec and safety nets when they are
not in use and are protected against mechanical damage, damage from chemicals
and damages from biological agents. CHAPTER-XVII Structural
frame and form work The 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 form work, are
employed for erection of such structural frame or form work, dismantling of
building and structure and performance of an engineering work, form work, 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. The employer shall ensure at a construction site of
building or other construction work that? (a)
form work and false work are so designed,
constructed and maintained that such form work and false work support the load
that may be imposed on them; (b)
such form work is so erected that working platform,
means of access, bracing, means of handling and stabilising could easily be
fixed with such form work. The 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:? (b)
ladders, gangways or fixed platforms; (c)
platforms, buckets, boatswain's chair or
other appropriate means suspended from lifting appliances; (d)
safety harness, life lines, catch get net or
catch platform; (e)
power-operated mobile working platform. (f)
the work of erection or dismantling of
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; (g)
steel or prefabricated structures are so
designed and made that such structures can be safely transported or erected,
and weight of each unit of such structures is clearly marked on such unit; (h)
the design of each such part maintains
stability of each part of the structures referred to in clause (a), clause (b)
and clause (c), when erected, and to prevent danger, the design shall
explicitly take into account? (i)
the relevant conditions and methods of
attachments in the operations of stripping, transport, storing and temporary
support during erection of such parts; and (j)
safeguards, such as provision of railings
with working platforms, and for mounting such railings and platforms easily on
the structural steel or prefabricated parts. (k)
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 so shaped, dimensioned and positioned to
withstand the stresses to which such hooks or other devices are subjected; (l)
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; (m)
store place are so constructed that? (n)
there is no risk of structural steel or
prefabricated parts falling or overturning; (o)
storage conditions generally ensure stability
and avoid damage having regard to the method of storage and atmospheric
conditions; and (p)
racks are set on firm ground and designed so
that units cannot move accidentally in such store places; (q)
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; (r)
tongs, clamps and other appliances for
lifting structural steel and prefabricated parts are? (s)
in such shape and dimensions as to ensure a
secure grip without damaging such parts; and (t)
marked with the maximum permissible load in
the most unfavourable lifting conditions. (u)
structural steel or prefabricated parts are
lifted by such methods and appliances that prevent them from spinning
accidentally; (v)
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; (w)
all reasonably practical measures are taken
to avoid injury to building worker, building structure or equipment while
structural steel or prefabricated parts are handled or stored or transported or
raised or lowered; (x)
structures are not worked on during violent
storms or high winds or any other such hazardous situation; (y)
the risk of falling to which building
workers, moving on high or sloping 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; (z)
structural steel parts which are to be
erected at a great height are, as far as practicable, assembled on the ground; (aa)
when structural steel or pre-fabricated parts
are being erected, a sufficiently extended area underneath the work place shall
be barricated or guarded; (bb)
steel trusses which are being erected are
adequately shore, braced or guyed until they are permanently secured in
position; (cc)
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. The employer shall ensure at a construction site of a
building or other construction work that? (a)
all form work are properly designed keeping
in view the safety of building workers, building or structures; (b)
a responsible person for structural frame and
form work? (c)
inspects and examines the material, timber,
structural steel and scaffolding for its strengths and suitability before being
taken into use; (d)
lays-down procedures to cover all stages of
such structural frame and form work; (e)
supervises such structural frame and form
work; (f)
take all necessary steps or measures to
correct situation with a view to prevent accident or dangerous occurrence
during performances of such structural frame and form work. The employer shall ensure at a construction site of a
building or other construction work that? (a)
when shoring is removed, sufficient props are
left in place of such shoring to prevent any possible hazard; and (b)
de shoring is adequately braced or tied
together with support to prevent any hazard. CHAPTER-XVIII Stacking
and unstacking The 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; (c)
the material or articles, are not stacked
against partition of walls of a ware house 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 worker or the public in general; (e)
where the building workers are working one
stack exceeding on point five metres in height, safe means of 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, pit or any other such
opening; (h)
stacks which, may lean heavily or become
unstable or collapse are barricaded. The 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; (c)
bags containing cement or lime are stored in
dry places; (d)
the materials like bricks, tiles or blocks
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 pipes 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 equipment are supplied to and used by
the building workers working for such storing or handling. CHAPTER-XIX Scaffold The employer shall ensure at a construction site of a
building or other construction work that? (a)
every scaffold and every component thereof is
of 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; (c)
all metal scaffolds used in building or other
construction work conform to the relevant national standards. The employer shall ensure at a construction site of a
building or other construction work that no scaffold is erected, added, altered
or dismantled except under the supervision of a responsible person for such
erection, addition, alteration or dismantling. The 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? (c)
the stability or safety of the remaining
portion of such scaffold has been ensured by a responsible person for the
safety of such scaffolds; (d)
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 under stood by the majority of the building workers
that such scaffold is unfit for use, is displayed at the place where such
scaffold is erected. The employer shall ensure at a construction site of a
building or other construction work that? (a)
standards of a scaffold are? (b)
plumb, where practicable; (c)
fixed sufficiently close together to secure
the stability of such scaffold having regard to all the possible working
situation and conditions for the intended use of such scaffold; (d)
spaced, as close as practicable, to ensure
safety and stability of such scaffold; (e)
adequate measures are taken to prevent
displacement of a standard of a scaffold either by providing sole plate or a
base plate, as necessary; (f)
ledgers of metal scaffold are placed at
vertical intervals with due regard to safety and stability of such scaffold; (g)
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. The 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 upper most permanent floor of such
building under construction and at any level where construction work of such
building is carried out; (b)
a platform is designed to suit the number of
building workers to be employed on each bay of a scaffold work on such platform
and the materials or articles and tools to be carried with them in such bay; (c)
the safe working load and the number of
building workers to be employed in each bay of a scaffold are displayed for the
information of all the building workers employed at such construction site. The 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 of 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; (c)
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 measures are taken to prevent injury
which may be caused by falling material and object 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 work place is faced or, wherever practicable, at
least zero point sixty metres beyond the end of such wall. The employer shall ensure at a construction site of a
building or other construction work that? (a)
no building worker is permittled 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; The 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; (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; (c)
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. The 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 liable to fall is provided with suitable and are guardrails
and to board of adequate strength to prevent fall of any building worker,
material or tools from such platform; The 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 responsible 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. The employer shall ensure at a construction site of a building
or other construction work that all necessary and practicable measures for
protection are taken to prevent any building worker, working in a scaffold,
coming into contact with the electric wires or dangerous equipment. The 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, wirenet or screening nets are used
to envelope such scaffold. The employer shall ensure at a construction site of a
building or other construction work that? (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; (c)
any tower scaffold which can be moved or
scattered is? (d)
constructed with due regard to the stability
and, if necessary, adequately weighted at the base; (e)
used only on plain and even surface and; (f)
has casters provided with positive locking
devices to hold such scaffold in position; (g)
no building worker remains on board scaffold,
tools material when it is being shifted from one position to another position. The 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? (c)
properly and securely fastened to every
anchorage point and to the scaffold ledgers of other main supporting members
used for the support of such scaffold; and (d)
so positioned as to ensure stability of the
scaffold. The employer shall ensure at a construction site of a
building or other construction work that? (a)
no trestle scaffold is constructed with more
than three tiers or if its working platform is more than four point five metres
above the ground or floor or other surface upon which such scaffold is erected,
such trestle scaffold is designed by professional engineer and has the approval
of Chief Inspector before being taken into use; (b)
no trestle scaffold is erected on a suspended
scaffold; (c)
no cantilever or jib 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 safely and stability of such scaffold; (d)
no working platform resting on bearers let
into a wall at one end and without other support is used unless such bearers
are of adequate strength braced through the wall and securely fastened on the
other side. The 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; (c)
suspended scaffold is made of in accordance
with the relevant national standards before being used by the building workers. The 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 raised or lowered by winches or
climbers unless such scaffold is made of 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
counter weights are of types, approved by the Chief Inspector before being
taken into use for building or other construction work; (c)
the working platform of a 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. The 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 mounted on each of such rope so
that such safety rope with such autmoatic safety device supports 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 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 rope of such scaffold. CHAPTER-XX Cofferdams and caissons The employer shall ensure at a construction site of a
building or other construction work that? (a)
every cofferdam and caissons is? (b)
of good construction, sound material and of
adequate strength; (c)
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 in rush of water; (d)
provided with safe means of access to every
place where building workers are employed in such cofferdam and caisson as the
case may be. (e)
the work relating to construction,
positioning, modification or dismantling of cofferdams or caissons is carried
out under the supervision of a responsible person; (f)
all cofferdams and caissons are inspected by
a responsible person at intervals as specified by the Chief Inspector; (g)
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; (h)
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; (j)
carried out by such building workers who have
completed eighteen years of age and are medically examined as required under
rule 223. (k)
carried out under the supervision of a
responsible person. (l)
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; (m)
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; (n)
there is one stand by reserve compressor to
meet the emergency at each work place or project in a cofferdam or caisson. The employer shall ensure at a construction site of a
building or other construction work that? (a)
the pressure plant and equipment? (b)
are examined and tested by the competent
person before being put into use for such work; (c)
is of proper design and construction, sound
material and adequate strength to perform the work for which it is used; (d)
is properly maintained in good repairs and
working condition. (e)
the pressure plant and equipment referred to
in clause (a) is' fitted with? (f)
a suitable safety valve or other effective
device to provide maximum safe discharge pressure from being exceeded at any
time; (g)
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 maximum safe
working pressure at such plant and equipment; (h)
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. (i)
every pressure plant or equipment shall be
thoroughly examined by the competent person? (j)
externally, once in every period of six
months; (k)
?internally, once in every period of twelve
months; and (l)
by hydraulic test once in a period of four years. CHAPTER-XXI Safety
Organization (1)
Every establishment wherein five hundred or
more building workers are ordinarily employed, there shall be a safety
committee constituted by the employer which shall be represented by equal
number of representatives of employer and building workers employed in such
establishment. In no case the number of representatives of the employer shall
exceed the representatives of building workers. The committee shall be
represented by representatives of the recognized unions wherever such unions
exists. (2)
The main functions of the safety committee
shall be? (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; (c)
to go round the construction site with a view
to check unsafe practice 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 and to suggest remedial measures including use of proper personal
protective equipment; (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. (3)
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 constructions site. (4)
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. (5)
The decisions and recommendations of the
safety committee shall be complied with by the employer within reasonable time
limits. (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-VIII annexed to these
rules such safety officers may be assisted by suitable and adequate staff. (2)
Duties qualification and the condition of
service of safety officers appointed under sub-rule (1) shall be as provided in
Schedule-VIII annexed to these rules. (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 of such group of employers with prior permission of
Chief Inspector. (1)
Notice of any accident on the construction
site which either? (a)
cause loss of life; or (b)
disables 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 seventy two
hours, in case of other accidents involving building worker, to? (c)
The Dy. Labour Commissioner having
jurisdiction in the area in which the establishment in which such accident or
dangerous occurrence took place is located. Such Dy. Labour Commissioner shall
be the authority appointed under section 39 of the Act. (d)
Board with which the building worker involved
in accident was registered as beneficiary; (e)
Chief Inspector; and (f)
The next in kin or other relatives of
building worker involved in accident. (2)
Notice of any accident at a construction site
of a 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 also be sent to? (c)
the officer in charge of the nearest police
station; (d)
The District Magistrate or 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 sub-rule (1) or clause (b) of
sub-rule (2) the injured building worker shall be given first-aid and
immediately thereafter 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 inspector having jurisdiction, whether or
not any death or disablement is cause to a building worker, in the manner
prescribed in sub-rule (1) namely:? (a)
Collapse of failure of lifting appliances or
hoist or conveyors or other similar equipment for handling building or
construction material or breakage or failure of rope, chain or loose gears,
over turning of cranes used in building or other construction work, falling of
objects from height; (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 form work; (c)
Contact 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 means 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) shall be followed by a written report to the
inspector, authority under section 39 of the Act, the Board and the Chief
Inspector in Form XIV under proper acknowledgement. (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 (i) of rule 210, 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 210; (b)
the enquiry may be conducted by the authority
referred to in subclause (i) of clause (b) of sub-rule (1) of rule 210 himself
or by an enquiry officer appointed by such authority; (c)
the authority or enquiry officer, as the case
may be, shall serve or cause to be served notices 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 anyway be concerned or be
interested in such enquiry the authority or enquiry officer, as the case may
be, may publish notice of such enquiry in one or more local newspapers,
informing the date, time, place of such enquiry. (2)
The person entitled to appear at the enquiry
may include? (a)
an inspector or any officer of the Central
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
employer's association; (c)
the worker involved in the accident or his
legal heir or authorised 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 groups may be represented through an
authorised representative including a counsel or a solicitor. (4)
Subject to the provision 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 interest 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) 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 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 the 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 authorised 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 alongwith all
evidence, in original, including statements of witnesses 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. (11)
A copy of findings alongwith a brief
statement of facts relating to an enquiry conducted under this rule shall be
forwarded to the Chief Inspector and the State Govt. by the authority referred
to in sub-rule (1) of rule 210. CHAPTER-XXII Explosives The employer shall ensure at construction site of a
building or other construction work that? (a)
all explosives are handled, use 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; (c)
before using any explosive, necessary warning
and danger signals are erected, at conspicuous places of such used to warn the
building workers and the general public of the danger involved in such use. The employer shall ensure at construction site of a
building or other construction work that? (a)
notwithstanding the provision of rule 212 the
following precautions are observed at the place of transporting, handling,
storage and use of such explosives, namely? (b)
prohibition of smoking, naked lights and
other sources of ignition in the vicinity where explosives are handled, stored
and used; (c)
to keep safe distance and to use non-sparking
tools while opening packages containing explosives; (d)
to stop the use of explosives and handling
thereof while the weather conditions are not suitable for such use or handling. (e)
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 rule framed under
the Explosives Act, 1884 (4 of 1884) are observed. CHAPTER-XXIII Piling The employer shall ensure at construction site of a
building or other construction work that? (a)
all pile driving equipment 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 sill, concrete bed or other secured foundation; (c)
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 hoses 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 over turning; (f)
all necessary precaution is taken to prevent
hammer from missing the pile; (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 works by such equipment. The employer shall ensure at 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 pilling, shoring, bracing or
by other means to ensure safety and stability of such structure and to prevent
injury to any person. The employer shall ensure at 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. The employer shall ensure at construction site of a
building or other construction work that every building worker on a pile driving
equipment is given instructions regarding safe work procedure to be followed in
pilling operation and is supervised by a responsible person throughout such
work. The employer shall ensure at construction site of a
building or other construction work that all pilling areas where pile driving
equipment is in used are effectively cordoned-off to prevent entry of
unauthorised person. The employer shall ensure at 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; (c)
All pile lines and pulley blocks are
inspected by a responsible person before the beginning of each shift of piling
operations. The employer shall ensure at 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 from such operation; (b)
pile-driving operations are governed by
generally prevalent and accepted signals so as to prevent any probable danger
from such operations; (c)
every building worker employed in
pile-driving operation or in the vicinity of such pile driving operation wears
ear protection and safety helmet or hard hat and safety shoes; (d)
piles 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. The employer shall ensure at construction site of a
building or other construction work that where a structural tower supports the
lead of a pile driver, suitable working platform 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, 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. The employer shall ensure at 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
warning notices, barricading the area and other similar measures are taken to
protect the area where the pile testing is carried out; (c)
entry to a pile testing area is prohibited to
general public to ensure safety. CHATPER-XXIV Medical
Facilities The employer shall ensure at 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 Chief Inspector
considers appropriate for the periodical medical examination of such worker, is
medically examined at such intervals as the Chief Inspector may direct from
time to time; (b)
every operator of a crane, winch 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 may direct from time to time; (c)
the medical examination referred to in
sub-clause (i) and subclause (ii) is in accordance with Schedule VII, annexed
to these rules 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 (i) or
sub-clause (ii) includes such special investigation 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 (i) or sub-clause (ii) of clause (a) and
the cost of such examination is borne by the employer employing such building
worker. (f)
certificate of medical examination referred
to in sub-clause (i) or subclause (ii) of clause (a) is issued in Form-XI
annexed to these rules. (g)
the record of the medical examination
referred to in sub-clause (i) or sub-clause (ii) of clause (a) of every
building worker employed by him is maintained in a register in Form XII annexed
to these rules 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 sub-clause (i) or sub-clause (ii) of clause
(a) is 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. (1)
The medical examination referred to in
sub-clause (i) or sub clause (ii) of clause (a) of rule 223 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; (c)
notification of occupational diseases to the
concerned authorities in accordance with these rules; (d)
immunization services; (e)
medical record up keep and maintenance; (f)
health education including advisory services
on family planning, personal hygiene, environmental sanitation and safety; (g)
referral services. The employer shall ensure at construction site of a
building or other construction work involving hazardous processes specified
under Schedule-IX annexed to these rules that? (a)
an occupational health centre, mobile or static,
is provided and maintained in good order at such site; (b)
services and facilities as per the scale laid
down in Schedule-X, annexed to these rules are provided at the occupational
health centre referred to in clause (a); (c)
a construction medical officer appointed at a
occupational health centre possesses the qualification as laid down in
Schedule-XI, annexed to these rules. The employer shall ensure at 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 such ambulance room is in the charge of a
qualified nurse and the service of such ambulance room is available to a
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; (c)
an ambulance room referred to in 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. The employer shall ensure at construction site of a
building or other construction work that an ambulance van is provided at such
construction site or an arrangement is 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. The employer shall ensure at 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. (1)
The employer shall ensure at construction
site of a building or other construction work where more than five hundred
building workers are employed that? (a)
a special medical service or an occupational
health service is available at such construction site at all times and such
service shall? (b)
provide first-aid and emergency treatment; (c)
conduct special medical examination for
occupational hazards to such building workers before their employment and
thereafter at such intervals as may be specified by the Chief Inspector from
time to time; (d)
conduct training of first-aid personnel of
such medical service; (e)
render advice to such employer on conditions
of work and improvement required to avoid hazardes to health of such building
worker; (f)
promote health education, including family
welfare among such building worker; (g)
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; (h)
undertake immunisation for all such building
workers against tetanus, typhoid, cholera and other infectious diseases. (i)
the special medical service referred to in
clause (a) collaborates with the labour department or any other concerned
department or service of the Government of Bihar in matters of treatment, job
placement, accident prevention and welfare of such building workers. (j)
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 equipment, (k)
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. (l)
the special medical service referred to in
clause (a) maintains records pertaining to its activities referred to in
sub-clauses (i) to (vii) of Clause (a) and sends to the Chief Inspector once in
every three months, information in writing on? (m)
the state of health of such building workers;
and (n)
the nature and causes of occupational
injuries or disease suffered by any of such building workers, treatment
provided to such workers, and measures taken to prevent recurrence of such
injury or disease. The employer shall ensure at 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 notice in Form XIII 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; (b)
if any medical practitioner or construction
medical officer attends on a building worker suffering from any disease
referred to in clause (a), such medical practitioner 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. The employer shall ensure at 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 II annexed to these rules. (c)
Nothing except appliances or requisites
forfirst-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-aid and is always readily available during
working hours. The employer shall ensure at construction site of a
building or other construction work that? (a)
essential life saving aids and appliances
required to handle? (b)
head injuries and spinal injuries; (c)
?bleeding; (d)
fractures and dislocations of bones and
joints; (e)
crush injuries; (f)
shock, including electric shock; (g)
dehydration due to any cause; (h)
snake bite, insect bite, scorpion and bee
stings; (i)
burns, including chemical burn; (j)
bends or divers paralysis; (k)
other surgical, gynaecological, obstertic or
paediatric emergencies; (l)
drowning; (m)
sunstroke and frost bite to building workers;
are provided and properly maintained under the supervision of a construction
medical officer. (n)
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 hospital and till such building worker is attended by a
doctor in such hospital. (o)
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, as specified
by the State Government from time to time are provided. CHAPTER-XXV Information
to Bureau of Indian Standards The employer shall ensure at construction site of a
buildiong 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 Standard the
details regarding the performance of and deviations or shortcomings, 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, 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 alongwith in the suggestions for their improvement to enable the
Bureau of Indian Standards to consider and form necessary standards. PART-IV Hours of Work, Welfare, Payment of Wages, Registers and
Records etc. Chapter-XXVI Hours of
Work, Rest Intervals and Weekly-off 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 forty eight hours in any week, he shall,
in respect of overtime work, be entitled to wages at double the ordinary rate
of wages. (1) Subject
to the provisions of these rules, each building worker employed in building and
the 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 the such rest day before the change is effected, by display of a notice to
that effect in the place of employment at the place specified by the Inspector
having jurisdiction in this behalf. (2) No
building worker employed in building or other construction work shall be
required or allowed to work on a rest day unless he already had or will have a
substituted rest day for a whole day on one of the five days immediately before
or after such rest day: Provided that no substitution
shall be made which results in a building worker working for more than ten days
cost-effective without a rest day for a whole day. (3) Where a
building worker employed in building or other construction work has worked on
rest day and has been given a substituted rest day on anyone 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 or 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-- For the purpose of
this rule "preceding day" means the last day preceding a rest day or
a substituted rest day, as the case may be, on which a building worker had
worked and where such substituted rest day falls on a day immediately after
such a rest day, such "preceding day" means the last day preceding
such rest day on which such building worker had worked. Explanation.-- For the purposes
of the rule "week" shall mean a period of seven days beginning at
midnight on a Saturday night. Where a building worker employed
in building or other construction work works on a shift which extends beyond
midnight? (a) a rest
day for the purposes of rule 235 shall mean a period of twenty-four consecutive
hours beginning from the time when such shift ends; (b) the hours
after midnight during which such building worker has worked shall be counted
towards the previous day; and (c) the
following day shall be deemed to be the period for twenty-four hours beginning
from the time when such shift ends. (1) The
provision 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? (2) 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 week: Provided that intervals of rest
not less than half an hour are given after every five hours of continuous work
as laid down in sub-rule (2) of rule 234. (3) 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. (4) Where the
working hours in respect of a building worker employed in building or other
construction work have exceeded the hours of work as laid down in sub-rule (1)
of rule 234 or here 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-XXVII Notices, Registers,
Records and Collection of Statistics (1) Every
employer shall cause to display at the conspicuous place of the work place of
an establishment under his control, notice showing the rate 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
inspector having jurisdiction to which establishment and date of payment of
unpaid wages to such workers in English, Hindi and in the local language
understood by the majority of such building workers. (2) A copy of
the notice referred to in sub-rule (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. (1) Every
employer shall, at least thirty days before the commencement of any building or
other construction work under his control send or cause to be sent to the
Inspector having jurisdiction, a written notice intimating the actual date of
the commencement, the probable date of completion and other such particulars as
referred to in subsection (i) of Section 46 of the Act relating to such
building or other construction work in Form-IV, annexed to these rules. (2) Where any
change occurs in any of the particulars furnished under sub-rule (1) the
employer shall intimate such change to the Inspector having jurisdiction within
two days of such change. (3) Nothing
contained in sub-rule (1) shall apply in case of such class of building or
other construction work as the State Government may by notification specify to
be emergent work. Every employer shall maintain in
respect of each registered establishment, where he employs building workers, a
register in Form-XV, annexed to these rules. (1) Every
employer shall in respect of each work on which he employs building workers,
maintain? (a) muster
roll and register of wages in Form XVI and Form-XVII, respectively, annexed to
these rules: Provided that a combined register
of wage-cum-muster roll in Form-XVIII, annexed to these rules shall be
maintained by the employer where the wage period for such building worker is a
fortnight or less. (b) a
register of deduction for damage or loss, register of fines and register of advances
in Form-XIX, Form XX and Form XXI respectively annexed to these rules; (c) a
register of overtime in Form-XXII annexed to these rules, for recording therein
the number of hours of and the wages paid for, overtime work, if any. (2) ?Every employer shall, in respect of each work
on which he engages building workers? (a) issue
where the wage period is one week or more, wage book to each of such building
worker in Form-XXIII annexed to these rules to such building workers in which
entries shall be made at least a day prior to the disbursement of wages to
them; (b) issue a
service certificate to each of such building worker in Form-XXIV annexed to
these rules to such building workers on termination of his service on account
of completion of such work or for any other reason; (c) obtain
signature or thumb-impression of each such building worker against entries
relating to him on the register of wages or muster roll-cum-wages register, as
the case may be, and such entries shall be authenticated by the employer or his
authorised representative. (3) In
respect for an establishment to which the Payment of Wages Act, 1936 (4 of
1936), or Minimum Wages Act, 1948 (11 of 1948) or the Contract Labour
(Regulation and Abolition) Act, 1970 (37 of 1970) applies the following
registers and records required to be maintained by an employer under any of
such Acts or the rules made thereunder, shall be deemed to be the registers and
records maintained by the employer under these rules, namely? (a) muster
roll; (b) register
of wages; (c) register
of deductions; (d) register
of overtime; (e) register
of fines; (f) register
of advances; (g) combined
register of wages-muster roll. (4) Notwithstanding
anything contained in these rules where a combined or alternative form, in lieu
of any of form specified under these rules, is sought to be used by an employer
to avoid duplication of work for compliance with the provisions of any other
Act or the rules framed thereunder or for administrative convenience such
combined or alternative form may be used with the prior approval of the State
Government. (5)
Every employer shall, display at the conspicuous place of the work
site where he employs building workers, an abstract of the Act and these rules
in English and in Hindi and in a language understood by the majority of such
building workers. (6)
Every employer shall ensure that the register 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 officer or
the nearest convenient building within the precincts of the concerned work
place. (7)
The register and other records relating to an establishment and
required to be maintained under the Act or these rules, shall be maintained
legibly in English and in Hindi or in a language understood by the majority of
the building workers employed in such establishment. (8) Every
register or other record referred to in sub-rule (7) shall be preserved by the
employer with whom such register or other record belongs, in original for a
period of three calendar years from the date of last entry therein. (9)
Every register, record or notice maintained under the Act or these
rules shall be produced or caused to be produced by the employer concerned on
demand before the inspector or any other authority under the Act or any other
person authorised by the State Government for such purpose. (10) In case,
where during a wage period, no deduction has been made from the wage of a
building worker or no fine has been imposed on such building worker or no
overtime work has been performed by such building worker or no payment has been
made for overtime work to such building worker, a "Nil" entry shall
be made against such wage period at the appropriate place in the relevant
register maintained in Forms XIX, XX, XXI, or XXII, as the case may be. Every employer of a registered
establishment shall send annually a return relating to such establishment in
duplicate in Form-XXV annexed to these rules to the registering officer having
jurisdiction so as to reach him not later than the fifteenth February following
the end of each calendar year with a copy to the Inspector having jurisdiction. CHAPTER-XXVIII Welfare
of Building Workers 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 fastening; (b) 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; (c) such
notice shall also bear the figure of a man or of a women, as the case may be. (d) every
latrine or urinal shall be conveniently situated and accessible to building
workers at all times; (e)
every latrine or urinal shall be adequately lighted and shall be
maintained in a clean and sanitary condition at all times; (f)
every latrine or urinal other than those connected with a flush
sewage system shall comply with the requirements of the public health
authorities; (g)
water shall be provided by means of a tap or otherwise so as to be
conveniently accessible in or near every latrine or urinal; (h)
the wall, ceilings and partitions of every latrine or urinal;
shall be transparent washed or colour washed once in every period of four months; (i) there
shall be at least one latrine for every 25 female workers and one latrine for
every 25 male worker. Same scale will be followed in case of urinals. (1) In every
place wherein not less than two hundred and fifty building workers are
ordinarily employed, the employer of such building workers shall provide an
adequate canteen in the manner as specified in this rule for the use of such
building workers. (2) The
canteen, referred to in sub-rule (1) shall consist of a dinning 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) The
canteen referred to in sub-rule (i) shall be sufficiently lighted at all times
when any person has access to it. (4) 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. (5) The
precincts of the canteen referred to in sub-rule (1) shall be maintained in a
clean and sanitary condition. (6) 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. (7) Suitable
arrangements shall be made for the collection and disposal of garbage from such
canteen. (8) 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. The food stuffs and other items
to be served in the canteen, referred to in sub-rule (1) of rule 244, shall be
in conformity with the normal dietary habits of the building workers. At a building or other
construction work where a work place is situated at a distance of more than
zero point two kilometres from the canteen provided under sub-rule (1) of rule,
244, 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. (1) The
charges for food stuffs, beverages and other items served in the canteen
provided under sub-rule (1) of rule 244 shall be based on "no profit no
loss" and the price list of such items shall be conspicuously displayed in
such canteen. (2) In
arriving at the prices of items referred to in sub-rule (1), the following
shall not be taken into consideration as expenditure, namely? (a) the rent
for the land and building of such canteen; (b) the
depreciation and maintenance charges for the building and equipment provided in
such canteen; (c) the cost
of purchase, repairs and replacement of equipments including furniture,
crockery, cutlery, utensils and uniforms provided to the employees of such
canteen; (d) the water
charges and other charges incurred for lighting and ventilation of such
canteen; and (e) the
interest on the amounts spent for providing and maintaining furniture arc!
other equipment for such canteen; and (3) the books
of account and registers and other documents used in connection with the
running of the canteen shall be produced on demand to a Inspector; (4) the
accounts pertaining to the canteen shall be audited once in a financial year by
qualified Auditor. CHATPER-XXIX Wages An 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; (c) 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. An employer shall ensure a
construction site of a building or other construction work that 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, in Hindi and in a local language understood by the majority of
building workers employed at such construction site. PART-V The Bihar
Building and Other Construction Workers Welfare Board CHAPTER-XXX In this chapter unless the
context otherwise, requires? (a) "Board'
means the Bihar Building and Other Construction Workers Welfare Board
constituted under section 18 of the Act. (b) "Contribution"
means the sum of money payable to the fund by the beneficiary. (c) "Family"
means the husband and wife and minor sons and unmarried daughters of the
Building workers and the parents solely dependent on him. (d) "Fund"
means the Bihar Building and Other Construction Worker Welfare Fund constituted
by Board under section 24 of the Act. (e) "Secretary"
means the Secretary of Board appointed under section 19 of the Act. (f) "Year"
means a financial year. (1) The Board
shall consist of.? (2)
Chairperson Labour Commissioner, Bihar will be Ex-Officio
Chairperson of the Welfare Board as recommended by Expert Committee constituted
for this purpose. (3)
One member nominated by Central Government. (4)
Not more than five person representing the building and other
construction workers nominated by the Government of which one member shall be a
woman. (5)
Not more than five person from among the employers of construction
and other building workers nominated by State Government. (6) Not more
than five members representing State Government of whom one shall be Chief
Inspector of Inspection of building and construction of the State, one shall be
representative of Finance Department, one shall be a representative of Law
Department and two shall be the representative of Labour Department of which
one shall from technical wing and one from general wings. (7) Number of
members nominated under clauses (iii), (iv) and (v) of sub-rule (i) shall be
equal. (8) The terms
of the office of the members of the Board other than the official members shall
be 3 years from the date of their appointments: Provided that members may
continue in office till their successors are appointed: Provided further that in no case
the member shall continue in office beyond a period of four year from the date
of their appointment. A member nominated to fill a
casual vacancy shall hold office for the remaining period of term of office of
the member in whose place he is nominated. The Board shall ordinarily meet
once in three months: Provided that the Chairperson
shall, within fifteen days of the receipt of a requisition in writing from not
less than one-third of members of the Board, call a meeting thereof. Notice intimating the date, time
and venue of every meeting together with a list of Business to be transacted at
the meeting shall be sent by registered post or by special messenger, to each
member fifteen days before the meeting: Provided that when Chairperson
calls a meeting for considering any matter, which is in his opinion is urgent,
notice of not less than three days shall be deemed sufficient. (1) The
Chairperson shall preside over every meeting of the Board in which he is
present, and it, for any reason the Chairperson is unable to attend the meeting
any member nominated by Chairperson on his behalf shall preside over the
meeting. (2) When the
Chairperson is absent and no member has been nominated by the Chairperson under
sub-rule (1) the members present shall elect of them to preside over the
meeting and the member so elected shall exercise all the powers of the
Chairperson in conducting the meeting. (3) No
business shall be transacted at any meeting of the Board unless at least six
members are present, of whom one shall be from among those nominated under
clause (v) of sub-rule (1) of rule 251. If any member leaves the State
for a period of not less than six months without intimation to Chairperson he
shall be deemed to have resigned from the Board. Every question considered at meeting
of the Board shall be decided by a majority of the votes of the members present
and voting and in the event of equal votes, the Chairperson shall have and
exercise a casting vote. Every decision taken at meeting
of the Board shall be recorded in a minutes book at the same meeting and signed
by the Chairperson. The minutes book shall be a permanent record. (1) Every
non-official member of the Board shall be paid a sitting fee of one hundred
rupees of amount a may be fixed by Government from time to time for attending
the meeting of the Board. (2) Every
non-official member shall be paid travelling allowances and daily allowance for
attending the meeting of Board at such rates admissible to Grade-I officer of
the State Government. (3) The
travelling allowance and daily allowance of an official member shall be
governed by the rules applicable to him for journey performed on official
duties and shall be paid by the Board. The Board may with the approval
of Government open District and Circle level offices where it thinks necessary
and desirable for purpose of implementing the welfare scheme under the Act. The Board will be responsible for
the following duties? (a) All
matters connected with the administration of the fund; (b) Laying
down policies for the deposits of amount of the fund; (c) Submission
of annual budget to Government for sanction; (d) Submission
of annual report to Government on the activities of the Board; (e) Proper
maintenance of accounts; (f) Annual
audit of accounts of the Board in accordance with the provisions of the Act; (g) Collection
of contribution of fund and other charges; (h) Launching
of prosecutions for and on behalf of the Board; (i) Speedy
settlement of claims and sanction of advanced and other benefits; (j) Proper
and timely recovery of any amount due to the Board; (k) The Board
shall furnish information to Government on such matters as the Government may
refer to it, from time to time. (1) The
Secretary of the Board shall be the Chief Executive Officer of the Board. (2) The
Secretary shall, with the approval of the Chairperson issue notice to convene
meeting of the Board and keep the record of minutes and shall take necessary
steps for carrying out the decision of the Board. (1) The Board
may with the prior concurrence of the Government, appoint an officer of the Government
not below the rank of Joint Labour Commissioner of the Labour Department of
Bihar Govt. Secretary of Board. (2) The Board
may, with the prior concurrence of the Government appoints? (3) as many
officers as necessary not below the rank of Asst. Labour Commissioner of the
Labour Department, Bihar. (4) such
other officer and employees of any other department of the Government, as it
considers necessary, to assist the Board in efficient discharge of its
functions under the Act. (1) The
Secretary of Board may, without reference to the Board, sanction expenditure
and contingencies, supplies and services and purchase of articles, refund for
administering the fund subject to limits upto which he may be authorised to
sanction expenditure on any single item from time to time by Board. (2) The
Secretary may also exercise such other administrative and financial powers,
other than those specified in sub-rule (1) above, as may be delegated to him
from time to time by the Board. (3) The Board
may from time to time delegate, subject to such conditions as it may deem fit,
administrative and financial powers to any other officer under its control and
supervision to the extent considered necessary for its efficient functioning. Welfare
Fund: (1) The Board
may as soon as may be after coming into force to these rules, constitute a Fund
by name "The Bihar Building and Other Construction Workers Welfare
Fund" in accordance with the provision of the Act and these rules. (2) The fund
shall vest in and be administered by the Board. (3) There
shall be credited to the Fund? (a) grant or
loan or advance if any made by the Government of India or by the State
Government or any local authority; (b) contribution
paid by the beneficiaries under these rules; (c) all sums
received by the Board from such other sources as may be decide by the Central
or State Government. (1) Every
building worker who has completed 18 years of age but has not completed 60
years of age and who is not a member in any other welfare fund established
under any law for the time being in force and who has completed 90 days of
service as a building worker in the year immediately preceding shall be
eligible for membership in the Fund. (2) A
certificate to prove age as specified below shall also be submitted along-with
application? (3)
school records or; (4)
certificate from Register of Births and deaths; or (5)
in absence of any certificate a certificate from medical officer
not below the rank of Asst. Civil Surgeon or Asst. Chief Medical Officer in
Govt. service. (6)
Certificate from the employer or contractor that the applicant is
a construction worker in Form XLI shall be produced alongwith the application
for registration from construction workers union or a certificate issued by
Asst. Labour Commissioner/Deputy Labour Commissioner of the concerned area may
also be considered. (7)
Every building worker eligible to become beneficiary to the fund
shall submit an application in Form-XXVII to the Secretary or to an officer
authorised by him in this behalf. Every such application shall be accompanied
by the documents mentioned in this rule and a registration fee of Rs. 20/- (Rs.
Twenty only). (8)
Where the Secretary or an officer authorised by him is satisfied
that applicant fulfils the conditions such building worker shall be registered
as a member. (9)
Any person may within thirty days file an appeal to the Board
against the decision taken under sub-rule (5) and the decision of the Board
thereon shall be final. (10)
The building worker shall also file a nomination in Form No.
XXVIII. The nomination shall stand revised in the name of the spouse on his
acquiring a family or on the happening or any legal change in the status of the
family. (11) The
Secretary or other officer authorised by him in this behalf shall issue to
every beneficiary an identity cards with a photo of beneficiary affixed in Form
No. XXXII and maintain register of identity cards so issued in Form No. XXXIII. (1) A
beneficiary of the fund shall contribute to the fund Rs. 20 per month. This
contribution shall be remitted in advance once in three months in any of the
banks specified by the Board in district in which the member resides. (2) If a
beneficiary commits default in the payment of contribution continuously for
period of one year, he shall cease to be a beneficiary of the fund. However
with the permission of the Secretary or an officer authorised by him in this
behalf the membership may be resumed on repayment of arrears of contribution
with a fine of Rs. 2 (Two) per month subject to the condition that such
resumption shall not be allowed more than twice. (1) Every
employer shall within 15 days from the commencement of these rules send to
Secretary a consolidated return containing the particulars of the building
worker entitled to be registered showing their basic wages, allowances and the
amount being spend for free supply of food if any. (2) Every
employer shall before the fifteenth day of every month send to the Secretary or
any other officer authorised by him in this behalf a return in Form XXX showing
the details of the workers entitled to be registered as well as those who left
the service during the preceding month. (3) Every
employer shall furnish to the Secretary or any other officer authorised by him
in this behalf in Form XXXI particulars regarding the branches Directors,
Managers, occupiers partners, person/persons who has/have the ultimate control
over the affairs of his establishment. (1) Every
employer shall maintain a Register showing the particulars of the building
worker and a Register of contribution in such form as may be directed by the
Secretary or other officer authorised by him. (2) Every
employer shall whenever the Secretary or any other officer authorised by him
requires in person or by notice in writing to produce the records in respect of
the building worker, shall deliver such records to the officer concerned in
time and if the records are not returned he shall issue a receipt for the
records so retained by him. (1) If a
worker who becomes a member of this fund, the concerned authorities shall
transfer such deposits in the name of that member to this Fund; (2) The
authority of other welfare fund shall furnish to the Secretary or any other
officer authorised by him in this behalf a statement showing the total
accumulation in the credit of every member on the date of transfer under
sub-rule (1) and the amount of advance if any taken by the member. The women employees, who are
beneficiary of the fund shall be given Rs. 1000.00 each as maternity benefit
during the period of maternity, on an application made by her in Form No. XXXIV
with such other documents as may be specified shall be submitted for this
benefit: Provided that this benefit shall
not be allowed for more than twice. A member of the fund who has been
working as a building worker for not less than one year after the commencement
of these rule shall on completion of sixty years of age be eligible for
pension. The pension will became payable from the first day of the succeeding
to the month in which he completes 60 years of age. (1) An
application for pension shall be submitted in Form No. XXXV to the Secretary of
the Board or the officer authorised by him for the purpose. (2) If in the
opinion of the Secretary of the Board or the officer authorised by him the
applicant is eligible for pension, he shall 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. (3)
If it is found that the applicant is not eligible for pension, the
application shall be rejected and the applicant informed accordingly. (4)
The applicant may file an appeal before the Board against the
decision taken under sub-rule (3) within 60 days from the date of the receipt
of the order. However, the Board may for sufficient reason in writing condone
the delay upto one year in filing the appeal. (5)
The amount of pension shall be Rs. 150/- 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 Govt. revise the pension. (6) The
pension sanctioning authority shall maintain a register in Form No. XXXVI. (1) The Board
may on application by a members, sanction an amount not exceeding Rs.
50,000/-as advance for the outright purchase of a house or for the construction
of house. The beneficiary shall alongwith the application in Form No. XXIX
produce such document as may be specified by the Board. (2) No
advance under sub-rule (1) shall be sanctioned to those who do not have
membership in the fund continuously for five years and having 15 years service
for superannuation. (3) A
completion certificate shall be submitted to Secretary of the Board within six
months from the date of withdrawal of advance. The amount sanctioned as advance
shall be recovered in equal instalments as may be fixed by the Board. (1) The Board
may sanction an amount of Rs. 150.00 per month as disability pension to a
beneficiary who is permanently disabled due to paralysis, leprosy, T.B.
accident etc. In addition to this pension he will be eligible for an ex-gratia
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 ex-gratia payment under sub-rule (1)
shall be made in Form No. XXXIX with such certificates and other documents as
may be specified by the Board. 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 3 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 instalments. An application in Form XL shall be made for this
loan with such other documents as may be specified by the Board. The Board may sanction an amount
of Rs. 1000/- to the nominees/dependents of a deceased member, towards funeral
expenses. An application in Form XLII shall be submitted for this benefit. (1) The Board
may sanction an amount of Rs. 15,000/- to the nominees/dependents of a member
towards death benefit, in case of death. If the death is due to an accident,
during the course of employment, the nominee/dependent of the member shall be
given Rs. 50,000/- towards death benefit. (2) Application
for death benefit? (3)
A nominee who is entitled to death benefit under this rule shall
submit to the Secretary or any other officer authorised by him an application
in Form No. XXXVII. A certificate regarding the death issued by a Govt. Doctor
not below the rank of an Assistant Surgeon shall be produced alongwith the
application and other documents specified by the Board. (4)
The Secretary or the officer authorised by him may on receipt of
the application conduct an enquiry with regard to the eligibility of the
applicant. (5)
If the Secretary or officer authorised by him is satisfied that
the person who has applied for the financial assistance is entitled for such
benefit he may sanction the amount. (6)
The sanctioning authority shall maintain a register for this
purpose in Form XXXVIII. (7) A person
aggrieved by any decision taken under sub-rule (3) may file an appeal before
the Board within 60 days from the date of receipt of the order under that
sub-rule and the decision of the Board thereon shall be final. The Board may institute every
year cash awards to three male and three female children each of the
beneficiaries in each districts at the rate of Rs. 1000/-, Rs/ 750/-, Rs. 500/-
who scores highest mark in B.S.E. Board. An application in Form No. XLIII shall
be submitted with such documents and within such time as may be specified by
the Board. The Board may start educational
Institution with a view to provide job oriented technical education to the
children of the beneficiaries. The Board may sanction financial
assistance to the beneficiaries who are hospitalised for five or more days due
to accident or any disease. The financial assistance shall be Rs. 200/- for the
first 5 days and Rs. 20/- each for remaining days subjects to a maximum of Rs.
1000/-. This assistance shall also be given to the beneficiary met with
accident and put in plaster at residence. If disability is resulted due to
accidents, the worker shall be eligible for a financial assistance upto maximum
of Rs. 5,000/- depending upon the percentage of disability. The application in
Form XLIV'A shall be submitted with such documents and within such time as may
be specified by the Board. Children of member shall be
eligible for such financial assistance as may be determined by the Board for
such courses of study as may be specified by the Board from time to time. An
application in Form XLV shall be submitted with such document and with such
time as may be specified by the Board. The building workers having
continuous membership for 3 years shall be eligible to get financial assistance
of Rs. 2,000/- for the marriage of their children. A female member of this fund
is also eligible for this assistance for her own marriage. This assistance
shall be sanctioned for the marriage of two children of beneficiary. An
application in Form XLVI shall be submitted alongwith such other documents as
may be specified by the Board. In the event of death of a
pensioner, family pension shall be given to the surviving spouse. The amount of
pension will be 50% of the pension received by the pensioner or Rs. 100/-
whichever is higher. An application in Form XLVII shall be submitted with such
documents as may be specified by the Board within 3 months from the date of the
pensioners. The Board shall have power to
stipulate the conditions for recovery of loans and advances. (1) On the
death of a members the amount of contribution standing in heirs credit shall be
given to the nominee. In the absence of a nominee the amount shall be paid to
his legal heirs in equal share. (2) All
financial benefits under these rules other than death benefit and medical
assistance for accidents shall becomes payable only after one year of a person
becoming member of the fund. (1) Sanction
can be accorded to a member of the fund for remitting the premium for life
insurance policy from the amount standing in his credit in the fund withdrawn
of amount for this purpose shall not be allowed more than once in an year. (2) The full
particulars of the policy shall be furnished to the Secretary of the Board in
such form as may be specified by him. (3) No amount
more than those actually required for remitting the premium shall be sanctioned
from the amount standing in credit of the member. (1) Within 6
months of the withdrawal of the amount the policy shall be assigned to the
Secretary of the Board as security for the amount withdrawn. (2) While
according sanction for withdrawing an amount for remitting premium in receipt
of an old policy, the Secretary of the Board shall ensure from Life Insurance
Corporation whether that policy is free from any encumbrances. (3) No change
in the policy on transfer to another policy shall be made without the previous
approval of the Secretary of the Board and the particulars regarding the
changes in the policy or the transfer to the new one shall be furnished to the
Secretary of the Board in such form as may be prescribed by him. (4) If the
policy is not so assigned and entrusted, the member shall immediately remit to
the fund any amount withdrawn, from the fund for the policy together with
interest at such rate as may be fixed by the Board in consultation with the
Government. The Board shall return the policy
in following circumstances namely? (a) On the
member leaving service permanently on superannuation. (b)
On leaving service permanently due to physical and mental
disability. (c)
On death of the member before he leaves the service. (d) On the
maturity of the policy assigned before the member leaves service or on the
member becoming entitled to receive payment of the money in any other manner. (1) Excluding
the administrative expenses, all interest, rent and other income realised and
all profits or losses if any, on the investment shall be credited or debited,
as the case may be, to an account called the "Interest Suspenses
Account". (2) The
Secretary of the Board or any other officer authorised by him shall submit a
statement to the Government of 15th day of March every year or on such other
date as the Government may specify, an annual report appending a classified
statement of the assets of the fund. All money belonging to the fund
may be invested in a Nationalised Banks or in the Schedule Banks or in the
securities referred to in clauses (a) to (d) of Section 20 of the Indian Trust
Act, 1882 (Central Act 2 of 1882). (1) The fund
shall not, without the previous approval of Govt., be expended for any purpose
other than those mentioned in the Act and in the Rules. (2) All
expenses for the administration of the fund, fees, and allowances of the
officer to the Board, salaries, leave salaries, joining time pay, travelling
allowances, compensatory allowances, charge allowances, pension contribution
and other benefits of personnel expense, for the legitimate needs of Board and
the stationary expenses shall be met from Administrative Account of the Board. (3) The
amount incurred by the Government for the administration of the fund shall be
treated as loan which shall be repaid from the Administration Account. A report on functioning of the
Board during every financial year shall be approved by the Board before the
15th day of June next year and be submitted to the Government before the 31st
day of July of that year. The Secretary of the Board shall
furnish copies of the registers and annual report of the fund to any employer
or member of the fund on written application and on payment of such fees as may
be specified by the Board in this behalf with the approval of the Government. If any amount due from an
employer or a member is in arrears, the Secretary of the Board or any other
officer authorised by him in this behalf shall after ascertaining the amount of
arrears, issue a certificate for that amount to the Collector of the District
concerned. On receipt of the certificate the District Collector shall recover
the amount in the same manner as arrears of public revenue due on land. All orders and other instruments
shall be made and executed in the name of the Board and shall be authenticated
by such persons as the Board may specify. PART-VI Miscellaneous Provisions CHAPTER-XXXI Power of
Chief Inspector and Inspectors (1) The Chief
Inspector may engage experts or agencies, as deemed necessary, from the fields
of civil engineering structural engineering, architecture, and other
disciplines or occupational safety, Health and environment as and when
required, for the purpose of conducting any inspection, investigation or
enquiry into the cause of an accident or a dangerous occurrence or otherwise. (2) The
experts referred to in sub-rule (1) shall? (a) possesses
a degree in the relevant field from a recognized university, (b) possesses
not less than ten years experience of working in the relevant field out of
which at least five years shall be in the field of occupational safety, health
and environment. (3) Agencies
referred to in sub-rule (1) shall be of national standing in the relevant field
and registered under the relevant law. (4) The State
Govt. may, from time to time, prepare a panel of experts and agencies referred
to sub-rule (1). (5) An
engineer or expert or agency employed under sub-rule (1) shall be paid such
travelling daily allowances and daily allowances as are allowed to him by his
organization where he is employed or such travelling allowance as is admissible
to officer of the rank of a Deputy Secretary to the Government of Bihar. (6) In
addition to travelling allowance and daily allowance referred to in sub-rule
(5) to an engineer or architect or agency, they shall also be paid honorarium
at the rates as may be specified by the State Government by notification in the
official gazette from time to time. (1) An
inspector may, at a construction site of a building or other construction work
within local limits for which he is appointed? (2) examine
such construction site or place or premises used or to be used for such
building or other construction work. (3) take on
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 or other
construction work directly or indirectly: Provided that such person shall
not be compelled to answer any question or give any evidence tending to
incriminate him. (4) take
photographs, video clips, sample weight or measure of record or make such
sketches as he may consider necessary for the purpose of any examination or
inquiry under these rules. (5) 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, of non-compliance with any of the
provisions of the Act or these rules. (6)
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. (7)
An Inspector may, within local limits for which he is appointed,
file in a court having jurisdiction a complaint or other proceeding relating to
an offence under the Act. (8)
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 provision of these rules. (9) 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. (1) If
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 workers 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 danger to his satisfaction. (2) An
Inspector serving an order under sub-rule (1) shall endorse a copy to the Chief
Inspector. (3) Such
prohibition order shall be complied with by the employer forthwith. (4) Any
person aggrieved by an order under sub-rule (1) may, within fifteen days from
the date on which the order is communicated to him, may prefer an appeal to the
Chief Inspector or where such order is by the Chief Inspector to the Secretary,
Department of Labour to the Government of Bihar and the Secretary, Department
of Labour Employment and Training or Chief Inspector, as the case may be, shall
after giving the appellant an opportunity of being heard, dispose of the appeal
as expeditiously as possible: Provided that the Labour
Secretary to the State Government or Chief Inspector as the case may be, may
entertain the appeal after the expiry of the said period of fifteen days if he
is satisfied that the appellant was prevented by sufficient cause from filling
the appeal in time: Provided further that the
prohibiting shall be complied with pending the decision of the Secretary to the
State Government in the Department of Labour or Chief Inspector. SCHEDULE-I (See rules 56(a), 71(A) and 72) Manner of test and examination before taking lifting
appliance, lifting gear and wire rope into use for the first time: Test Loads: 1.
Lifting Appliance:Every lifting appliance
with its accessory gear, shall be subjected to a test load which shall exceed
the safe working load (SWL) as specified in the following table- Table Safe working load Test load Up to 20 tonnes 25 percent in excess of safe working load. 20 to 50 tonnes 5 percent in excess of safe working load. Over 50 tonnes 10 percent in excess of safe working load. (2) Lifting Gear: (a) Every ring, hook, chain, shackle, swivel, eye-bolt,
plate, clamp, Triangular Plate or Pulley block (except single sheave block)
shall be subjected to a test load which shall not be less than the load as
specified in the following table:? Table Safe working load (in tonnes) Test load (in tonnes) Up to 25 above 25 2 x safe working load (1.22 x safe working load) + 20 (b) In the case of a single sheave block, the safe working
load shall be the maximum load which can safely be lifted by the block when
suspended by its head fitting and the load is attached to a rope which passes
around the sheave of the block and a test load not less than four times the
proposed safe working load shall be applied to the head of the block. (c) In the case of a multi-sheave block, the fest load
shall not be less than load as specified in the following table:? Table Safe working load (in tonnes) Test load (in tonnes) Up to 25 2 x safe working load 25 to 160 (0.9933 x safe working load) + 27 above 160 1.1 x safe working load 2.
in the case of hand-operated pulley blocks
used with pitched chains and rings, hooks, shackles or swivels, permanently
attached thereto, a test load not less than 50 percent in excess of the safe
working load shall be applied. 3.
In the case of a pulley block fitted with a
bucket the bucket shall be tested and the load applied to the bucket when
testing that block will be accepted as test load of the bucket. 4.
In the case of a sling having two legs the
safe working load shall be calculated when the angle between the legs is 90
degree. In case of multi-legged slings the safe working load shall be
calculated as per national standards. 5.
Every lifting beam, lifting frame, container
spreader bucket, tub or other similar devices shall be subjected to a test load
which shall not be less than the load a specified in the following table:? Table Propose safe working Load (in tonnes) Test load (in tonnes) Up to 10 10 to 160 Above 160 2 x safe working load (1.04 x safe working load) + 9.6 1.1 x safe working load 6.
Wire ropes: 7.
In the case of wire ropes a sample shall be
tested to destruction. The test procedure shall be in accordance with
recognized national standards. The safe working load of the rope is to be
determined by dividing the load at which the sample broke by a co-efficient of
utilization, determined as specified in the following Table Item Co-efficient of utilization 1 2 (a) Wire Rope Forming part of Sling Safe working load of
the Sling : Safe Working load up to and equal to 10 5 Tonnes safe working load above 10 tonnes and up to and
equal to 160 tones. 10 (8.85 x SWL)+ 1910 Safe working load above 160 tonnes 3 (b) Wire Rope as integral part of a lifting appliance : SWL
of the lifting appliance safe working load up to and equal to 160 tonnes 10 (8.8.5 x SWL)+1910 Safe working load above 160 tonnes 3 (i) Before any tests, carried out, a visual inspection
of the lifting appliance, or lifting gear involved shall be conducted and any
visible defective gear shall be replaced or renewed. (ii) After being tested, all the lifting gears shall be
examined to see whether any parts have been injured or permanently deformed
by the test. PROCEDURE FOR TESTING : 8.
Derricks: (a)
A derrick shall be tested with its boom at
the minimum angle to the horizontal for which the derrick is designed
(generally 15 degrees) or at such greater angle as may be agreed. The angle at
which the test has been carried out shall mentioned in the test certificate.
The test load shall be applied by hoisting movable weights. During the test,
the boom shall be swung with the test load, as far as practicable, in both
directions. (b)
A derrick boom, designed to be raised with
power, with load suspended shall, in addition to the test at (a), be raised
(with load suspended) to its maximum working angle to the horizontal and the
two outer most positions. (c)
While test loading of a heavy lift derrick,
the competent person responsible for test using moveable weights shall
ascertain from the owner of the vessel or floating platform that the stability
of the vessel or platform is adequate for the test. 9.
The derrick test under clause (3) shall not
be used in union purchase rig unless:? (a)
The derricks rigged in union purchase are
tested with the test load appropriate to the SWL in union purchase (at the
designed headroom and with the derrick booms in their approved working
positions); (b)
The safe working load of that derrick in
union purchase rig has also been specified by a competent persons in a report
in Form-V; (c)
Any limitations or conditions specified in
the said report are complied with; and (d)
the two hoist ropes are coupled together by a
suitable swivel assembly. Note:?The safe working load of derricks
(for each method of rig including union purchase) shall be shown on the certificate
of test and marked on the derrick booms. 10.
Lifting Appliances:? (a)
The test load shall be lifted and swung, as
far as possible, in both Directions. If the jib or boom of the crane has a
variable radius, it shall be tested with test loads at the maximum and minimum
radii, in case of hydraulic cranes when owing to the limitation of pressure, it
is impossible to lift a test load in accordance with table under item (1) it
will be sufficient to lift the greatest possible load which shall be more than safe
working load. (b)
The test shall be performed at maximum,
minimum and Intermediate radius points as well as such points in the arc of
rotation, as the competent persons may decide. The test shall consist of
hoisting, lowering, breaking and swinging through all position and operations
normally performed. An additional test shall be made by operating the machinery
at maximum working speed with the safe working load suspended. 11.
Use of spring or hydraulic balances etc. for
test loading: All tests shall normally be carried on with the help of dead
weights.In case of periodical test, replacements or renewals, test load may be
applied by means of suitable springs or hydraulic balances. In such case, test
load shall be applied with the boom, as far out as practicable, in both
directions. The test shall not be taken as satisfactory unless the balance has
been certified for accuracy by the competent authority within 2.0% and the
pointer of the machine has remained constant at the test load for a period at
least five minutes. 12.
Testing machines and dead weights: (a)
A suitable testing machine shall be used for
testing of chains wire ropes and other lifting gears; (b)
Testing machines and balances to be used in
test loading, testing and checking shall not be used unless they have been
certified for accuracy at least once in the preceding twelve months by the
competent authority; (c)
Moveable weights used for the test loading of
the lifting appliances having a safe working load not exceeding twenty tonnes
shall be checked for accuracy by means of suitable weighing machine of
certified accuracy. 13.
Thorough examination after testing or test
loading: 14.
After being tested or test loaded. Every
lifting appliance and associated gear shall be thoroughly examined to see that
no part has been damaged or permanently deformed during the test. For this
purpose, the lifting appliance or gear shall be dismantled to the extent
considered necessary by the competent person. Notifiable occupational diseases in Building and other construction
work. [See rule 230 (a)] 1.
Occupational dermatitis. 2.
Occupational cancer. 3.
Asbestosis. 4.
Silicosis. 5.
Lead poisoning including poisoning by any preparation or compound
of lead or their sequelae. 6.
Benzene poisoning, including poisoning by any of its homologues,
their nitro or amino derivatives or its sequelae. 7.
Occupational asthama. 8.
Pesticide poisoning. 9.
Carbon monoxide poisoning. 10. Toxic
Jaundice. 11. Toxic
anaemia. 12. Compressed
air illness (Caissons disease). 13. Noise
induced hearing loss. 14. Isocyanates
poisoning. 15. Toxic
nephritis. SCHEDULE-III Contents of First-aid Box [See rule 231(b)] (1) A
sufficient number of eye wash bottles filled with distilled water or suitable
liquid clearly indicated by a distinctive sign which shall be visible at all
times. (2)
4 per cent xylocaine eye drops, and boric acid eye drops and soda
by carbonate eye drops. (3)
Twenty four small sterilized dressigns. (4)
Tweleve medium size sterilized dressings. (5)
Twelve large size sterilized dressings. (6)
Twelve large size sterilized burn dressings. (7)
Twelve (fifteen cm) packets of sterilized cotton wool. (8)
(Two Hundred ml) bottle of certimide solution (1 %) or suitable
antiseptic solution. (9)
One (two hundred ml) bottle of mercurochrome (2%) solution in
water. (10)
One (one hundred twenty ml) bottle pf Sal-volatile having the
doses and made of administration indicated on the label. (11)
One pair of scissors. (12)
One roll of adhesive plaster (six cm. x one metre) (13)
Two rolls of adhesive plaster (Two cms. x one metre) (14)
Twelve pieces of sterilized eye pads in separate sealed packets. (15)
A bottle containing hundred tablets (each of three hundred twenty
five mg.) of aspirin or any other analgesic. (16)
Twelve roller bandages ten cms. wide. (17)
Twelve roller bandages five cms. wide. (18)
One tourniquet. (19)
A supply of suitable splints. (20)
Three packets of safety pins. (21)
Kidney tray. (22)
A snake bite lancet. (23)
One (thirty ml) bottle containing potassium permanganate crystals. (24)
One copy of first-aid leaflet issued by the Chief Inspector. (25)
Six Triangular bandages. (26) Two pairs
of suitable, sterilized, latex hand gloves. SCHEDULE-IV [See rule 226(c)] Articles for Ambulance Room (1) A Glazed
sink with hot and cold water always available. (2) A table
with a smooth top at least 180 cm. x 105 cm. (3) Means for
sterilizing instruments. (4) A couch. (5) Two
stretchers. (6) Two buckets
or containers with close fitting lids. (7) Two
rubber hot water bags. (8) A kettle
and spirit stove or other suitable means of boiling water. (9) Twelve
plain wooden splints 900 cm. x 100 cm. x 6cm. (10) Twelve
plain wooden splints 350 cm. x 75 cm. x 6 cm (11) Six plain
wooden splints 250 cm. x 50 cm. x 12 cm. (12) Six
woolen blankets. (13) Three
pairs artery forceps. (14) One
bottle of spiritus annemia aremations (120 ml). (15) Smelling
salt (60 gm). (16) Two
medium size sponges. (17) Six hand
towels. (18) Four
kidney trays. (19) Four
cakes of toilet, preferably antiseptic soap. (20) Two glass
tumblers and two wine glasses. (21) Two
clinical thermometers. (22) Two tea
spoons. (23) Two
graduated (120 ml) measuring glasses. (24) Two
minimum measuring glasses. (25) One wash
bottle (1000cc) for washing eyes. (26) One
bottle (one litre) carbolic lotion 1 in 20. (27) Three
chairs. (28) One
screen. (29) One
electric hand torch. (30) Four
first-aid boxes or cupboards stocked to the standards prescribed in the
Schedule VII. (31) An
adequate supply of tetanus toxide. (32) Injections-morphea,
pethidine, atrophine, adrenaline, coramine, novocaine (6 each). (33) Cramine
liquid (60 ml). (34) Tablets
antihistaminic antispasmodic (25 each). (35) Syringes
with needles- 2cc, 5cc, 10cc and 500cc. (36) Three
surgical scissors. (37) Two
needle holders, big and small. (38) Suturing
needles and materials. (39) Three
dissecting forceps. (40) ?Three dressing forceps. (41) Three
scalpels. (42) One
stethoscope and a B. P. apparatus. (43) Rubber
bandage-pressure bandage. (44) Oxygen
cylinder with necessary attachments. (45) Atropine
eye ointments. (46) I.V.
Fluids and sets 10 nos. (47) Suitable,
foot operated covered refuse containers. (48) Adequate
number of sterilized, paired, latex hand gloves. (See rule 227) Contents of Ambulance Van or Carriage The Ambulance Van shall have
equipments prescribed under: (a) General-A
portable stretcher with folding and adjusting devices with the Head of the
Stretcher capable of being tilted upward, Fixed suction unit with equipment,
fixed oxygen supply with equipment, pillow with case, sheets, blankets, towels,
emergency bag, bed pan, urinal glass. (b) Safety
Equipment: Flaros with life of three thousand minutes, floor lights, flash
lights, fire extinguishers (dry power type) insulated guntlets. (c) Emergency
care equipment- (d)
Resuscitation: Portable suction unit, portable oxygen unit, bag
valve mask, hand operated artificial ventilation unit, airways, mouthgag
tracheostomy, adapters, short spine board, I.V. Fluids with administration
unit, B.R manometer cuff stethoscope. (e)
Immobilisation- Long and short padded boards, wire ladder splints,
triangular bandage-long and short spine boards. (f)
Dressing-Gauze pads- 100 mm universal dressing 250 x 1000 mm, roll
of aluminium foils-soft roller bandages 150 mm x 5 mm yards adhesive tape in 75
mm roll safety pins, bandage sheets, burn sheets. (g)
Poisoning-Syrup of Ipecac, activated charcoal prepacketed dose,
snake bite kit, drinking water. (h) Emergency
Medicines:- As per requirement (under the advice of construction Medical
Officer). SCHEDULE-VI (See rule 34) Permissible Exposure in cases of
Continuous Noise Total time of exposure (continuous or a number of
short-term exposures per day (in hours) Sound pressure level (in dBA) (1) (2) 8 90 6 92 4 95 3 97 2 100 11/2 102 1 105 3/4 107 1/2 110 1/4 115 (Notes:) 1.
No exposure in excess of 115 dBA is to be
permitted. 2.
For any period of exposure falling in between
any figure and the next higher or lower figure as indicated in column (1) the
Permissible sound pressure level is to be determined by extrapolation on a
proportionate basis. Periodicity of Medical Examination of Building Workers [See rules 81 (iv) and 223(a) (iii)] 1.
The employer shall arrange a medical examination of all the
building workers employed as drivers, operators of lifting applianes and
transport equipment before employing, after illness or injury, if it appears
that the illness or injury might have affected his fitness and, thereafter,
once in ever two years upto the age of forty and once in a year, thereafter. 2.
Complete and confidential records of medical examination shall be
maintained by the employers or the physician authorised by the employer. 3.
The medical examination shall include:? (a) Full
medical and occupational history. (b) Clinical
examination with particular reference to (c) General
Physique; (d) Vision-total
visual performance using standard orthorator like Titmus Vision Tester should
be estimated and suitability for placement ascertained in accordance with the
prescribed job standards. (e)
Hearing persons with normal hearing must be able to hear a forced
whisper at 24 feet, person using hearing aids must be able to hear a warning
shout under noisy working conditions. (f)
Breathing-peak flow rates using standard peak flow meter and the
average peak flow rate determined out of these readings of the test performed.
The results recorded at preplacement medical examination could be used as a
standard for the same individual at the same altitude for reference during
subsequent examination. (g)
Upper limbs-Adequate arm function and grip (both arms). (h)
Lower Limb-Adequate leg and foot functioning. (i)
Spine-Adequate flexible for job concerned. (j)
General-Mental alertness and stability with good eye, hand and
foot coordination. (k) Any other
test which the examining doctor considers necessary. [See rule 209(1) & 209(2)] No. of Safety Officers, Qualification, Duties etc. (1) Appointment
of Safety OfficersNumber of safety officers-within six months of coming into
operation of these rules, every establishment employing more than five hundred
building workers and every other employer of building worker shall appoint
Safety Officers, as laid down in the scale given below:? 1.
Up to 1000 building workers?
One Safety Officer 2.
Up to 2000 building workers?Two
Safety Officers 3.
Up to 5000 building workers?Three
Safety Officers 4.
Up to 10000 building workers?
Four Safety Officers (2) For every
additional 5000 building workers or part thereof?One Safety Officer. (3) Any
appointment, when made shall be notified to the inspector having jurisdiction
in the area, giving full details of the qualifications, terms & conditions
of service of such safety officer. (4) Qualification?A person shall not be eligible for appointment as a
safety officer unless he:? (5) Possesses
a recognise degree in any branch of engineering or technology or architecture
and had a practical experience of working in a building or other constructions
work in a supervisory capacity for a period of not less than two years or
possesses a recognised diploma in any branch of engineering or technology and
has had practical experience of building or other construction work in a
supervisory capacity for a period of not less than five years; (6)
Possesses a recognised degree or diploma in industrial safety with
at least one paper in construction safety (as an elective subject); (7)
Has adequate knowledge of the language spoken by majority of
building workers from the construction site in which he is to be appointed; (8)
Notwithstanding the provision contained in clause (a) any person
who? (9) Posseses
a recognise degree or diploma in engineering or technology or architecture and has
had experience of not less than five years in the field, dealing with the
administration of Factories Act, 1948 or the Dock Workers (Safety, Health and
Welfare) Act, 1986 or The Building and Other Construction Workers (Regulation
of Employment and Condition of Service) Act, 1996. (10) Possesses
a recognised degree or diploma in engineering or technology and has had
experience of not less than five years or has undergone training in education,
consultancy or research in the fields or accident prevention in industries,
port, or in any institution or an establishment dealing with building or other
construction work.shall also be eligible for appointment as a safety officer: Provided that, case of person who
has been working as safety officer in industries or port, institution or an
establishment dealing with building or other construction work for a period of
not less than three years on the date of commencement of these rules, the Chief
Inspector may, subject to such conditions that he may specify, relax all or any
of the above said qualification. (11) Conditions
of Service:?Where number of safety officers
appointed exceeds one, one of them shall be designated as
Chief Safety Officer and shall have the status higher than the others. The
Chief Safety Officer shall be in overall charge of safety functions as
envisaged in sub-clause (iv) and also other safety officers working under his
control. (12)
The Chief Safety Officer or Safety offices, where only one safety
officer is appointed, shall be given the status of a senior Executive and he
shall work directly under the control of his Chief Executive. All other safety
officers shall be given appropriate status to enable them to dispatch their
functions effectively. (13)
The scale of pay and allowances to be granted to the safety
officers including the chief safety officer and the other conditions of their
service shall be the same as those of the officers of corresponding status of
the establishment in which they are employed.Duties of Safety Officers:- (a)
The duties of safety officer shall be to advise and assist the employer in the
fulfilment of his obligations, statutory or otherwise concerning prevention of
personal injuries and maintaining in a safe working environment. These duties
shall include the following, namely:? (14)
to advice the building workers in planning and organising measure
necessary for effective control of personal injuries; (15)
to advice on safety aspects in a building or other construction
work and to carry out detailed safety studies of selected activities; (16) to check
and evaluate the effectiveness of action taken or proposed to be taken to
prevent personal injuries; (17)
to advice purchasing and ensuring quality of personal protective
equipments confirming to national standards; (18)
to carry out safety inspection of building or other construction
work in order to observe the physical conditions of work and the work practices
and procedures followed by building workers and to render advise on measures to
be adopted for removing unsafe physical conditions and preventing unsafe
actions by building workers; (19)
to investigate all fatal and other selected accidents; (20)
to investigate the cases of occupational diseases contracted and
reportable dangerous occurrences; (21)
to advise on the maintenance of such records as are necessary
with-regard to accidents, dangerous occurrence and occupational disease; (22)
to promote the working of safety committees and to act as an
adviser to such committees; (23)
to organise, in association with concerned departments, campaigns
competitions & contests and other activities which will develop and
maintained the interest to building workers in establishing and maintaining
safe conditions of work procedures; (24)
to design and conduct, either independently or in collaboration
with other agencies, suitable training and educational programmes for
prevention of accidents to building workers; (25)
to frame safe rules and safe working practices in consultation
with senior officials of the establishment; (26)
supervise and guide safety precautions to be taken in building and
other construction work of the establishment. (27)
Facilities to be provided to safety officers: The employer shall
provided each safety officer with such facilities, equipment and information
that are necessary to enable him to dispatch his duties effectively. (28)
Prohibition of performance of other duties: No safety officer
shall be required or permitted to do any work which is unconnected to,
inconsistence with or detrimental to the performance of the duties prescribed
in this schedule. Exemptions:?Chief Inspector may,
in writing, exempt any employer or Group of employers from any or all of the
provisions of these rules subject to compliance with such alternative
arrangements as may be approved and notified by him in the order of such
exemption. (See rule 225) Hazardous Process? (1) Roof Work (2) Steel
erection (3) Work
under and over water (4) Demolition (5) Work in
confined spaces. [See rule- 225(b)] Services and facilities to be
provided in occupational health centres? (1) One
full-time construction medical officer for building or other construction work,
employing workers up to one thousand and one additional construction medical
officer for every additional one thousand workers or part thereof. (2)
The staff, including one nurse, one dresser-cum-compounder, one
sweeper-cum-ward boy with each construction medical officer for full work
hours. (3)
The occupational health centre with a floor area of minimum
fifteen square meter constituting two rooms with smooth walls and intern
service, adequately illuminated and ventilated. (4)
Adequate equipment for day to day treatment. (5) Necessary
equipment to manage any medical emergency. SCHEDULE- XI [See rules 119(2) and 225(c)] Qualification of construction
medical officer? (1) MBBS
degree from a medical institute recognised by the medical council of India; and (2)
Diploma in industrial health or equivalent post graduate
certificate of training in industrial health or health; (3)
A medical officer having working experience in organisation/
establishments, involved in policy, execution and advice and safety and health
of workers employed in mines, ports and docks, factories and building and other
construction work for a period of not less than three years may, subject to the
satisfaction of the Chief Inspector, not be required to possessing the training
referred to in item (2) above; (4)
The syllabi of the courses leading to the above certificate and
the organisation conducting such courses shall be approved by the State Govt.
who may also from time to time prepare a panel of such organisation; (5) Complete
particulars including name, qualification and experience of the construction
medical officer will be intimated to the inspector having jurisdiction. [See rule 152(a)] Permissible levels of certain chemical substances in the
work environment S. No. Substance Permissible limit of exposure Time weighted Average concentration (TWA) (8hrs) ppm mg/m3 Short term exposure limit (STEL) (15 min.)* ppm mg/m3 (1) (2) (3) (4) (5) (6) 1. 2. Acetaldehyde Acetic acid 100 10 180 25 150 15 270 37 3. Acetone 750 1780 1000 2375 4. Aerolein 0.1 0.25 0.3 0.8 5. 6. Acrylonitrile Skin (S.C.) Aldrin skin 2 - 4.5 0.25 - - 7. Allyl chloride 1 3 2 6 8. Ammonia 25 18 35 27 9. Aniline-skin 2 10 - - 10. Anisidine (co-iso- mers) 0.1 0.5 - - 11. Arsenic & soluble Compounds (as AS) - 0.2 - - 12. Benzene (S.C.) - 10 30 - 13. Beryllium & compo- und [As Be (S.C.)] - 0.002 - - 14. Boron trifluoride-C - 1 3 - 15. Bromine 0.1 0.7 0.3 2 16. Butane 800 1900 - - 17. 2-Butanone (Methyl) ethyl Ketone-MBK) 200 590 300 885 18. n-Butyl acetate 150 710 200 950 19. n- Butyl alcohol- skin-C 50 150 - - 20. Sec/tert. Butyl ace- tate 200 950 - - 21. Butyl mercaptan 0.5 1.5 - - 22. Cadmium Dust and Salts (as Cd) - 0.05 - - 23. Calcium oxide - 2 - - 24. Carbaryl (Sevin) - 5 - - 25. Carbofuran (Furadan) - 0.1 - - 26. Carbon disulphide- skin 10 30 - - 27. Carbon monoxide 50 55 400 440 28. Carbon tetrachloride skin (S.C.) 5 30 - - 29. Chlordane-skin - 0.5 - - 30. Chlorine 1 3 3 9 31. Chlorobenzene (monochlorobenzene) 75 350 - - 32. Chloroforms(S.C) 10 50 - - 33. Bis (chloromethyl) ether (H.C.) 0.001 0.005 - - 34. Chromic acid and Chromates (as Cr.) (Water soluble) 0.05 - - - 35. Chromous salts 36. Copper fume 0.2 37. Cotton dust, raw - .02* ? _ 38. Cresol, all isomers- skin - 5 22 ? 39. Cyanides (as CN)- skin - 1 ? ? 40. Cyanogen 10 20 - - 41. DDT (Dichlorodiph- enyl)Trichloroethane) - 1 - - 42. Demeton-skin 0.01 0.1 - ? 43. Diazinon-skin - 0.1 ? ? 44. Dibutyl phthalate phtalate - 5 - - 45. Dicholorvos (DDVP ) skin 0.1 1 - - 46. Dieldrin-skin - 0.25 ? ? 47. Dinitrobenzen (all isomers)-skin 0.15 1 - - 48. Dinitrotoluene-skin - 1.5 - - 49. Diphenyl (Biphenyl) 0.2 1.5 - - 50. Endosulfan (Thio- dan)-skin - 0.1 - - 51. Endrin-skin - 0.1 - - 52. Ethyl acetate 400 1400 - - 53. Ethyl Alcohol 1000 1900 - - 54. Ethylamine 10 18 - - 55. Flurides (as F) - 2.5 - - 56. Fluorine 1 2 2 4 57. Formaldehyde (SC) 1.0 1.5 2 3 58. Formic Acid 5 9 - - 59. Gasoline 300 900 500 1500 60. Hyrdazine-Skin (SC) 0.1 0.1 - - 61. Hydrogen chloride-c 5 7 - - 62. Hydrogen cynide- skin-c 10 10 - - 63. Hydrogen fluorine (as F)-c3 - 2.5 - - 64. Hydrogen Peroxide 1 1.5 - - 65. Hydrogen Sulphide 10 14 15 21 66. lodine-c 0.1 1 ? ? 67. Iron Oxide Fume (Fe o) (as Fe) - 5 - - 68. Isoamyl Acetate 100 525 - - 69. Isoamyl alcohol 100 360 125 450 70. Isobutyl alcohol 50 150 - - 71. Lead, inorg, dusts & fumes-(as Pb) - 0.15 - - 72. Lindane-skin - 0.5 - - 73. Malathion-skin - 10 - - 74. Maganese dust and compounds (as Mn)-c 5 - - - 75. Maganese Fume (as Mn) - 1 - - 76. Mercury (as Hg)- skin - - - - (i) Alkyl compounds (ii) All forms except ? 0.01 ? 0.03 alky vapour (iii) Atyl and inorg- 0.05 " anic compounds - 0.1 - - 77. Methyl alcohol (Me- thanol)-skin 200 260 250 310 78. Methyl collosolve (Methoxy-ethanol)- skin 5 16 - - 79. Methyl isobutyl ketone 50 205 75 300 80. Methyl isocynate- skin 0.02 0.05 - - 81. Naphthalene 10 50 15 75 82. Nickel carbonyl (as Ni) 0.05 0.35 - - 83. Nitric acid 2 5 4 10 84. Nitric oxide 25 30 - ? 85. Nitric benzene-skin 1 5 - - 86. Nitrogen dioxide 3 6 5 10 87. Oil mist Minerals - 5 - - 88. Ozone 0.1 0.2 0.3 0.6 89. Parathion-skin - 0.1 - - 90. Phenol-skin 5 19 - - 91. Phorate (thimet)-skin - 0.05 - 0.2 92. Phosgene (carbon-yl chloride) 0.1 0.4 - ? 93. Phosphine 0.3 0.4 1 1 94. Phosphoric acid - 1 - 3 95. Phosphorus (Yellow) - 0.1 - ? 96. Phosphorous pen- tachloride 0.1 1 ? ? 97. Phosphorous trich- loride C.2 1.5 0.5 3 98. Picric acid-skin - 1.1 ? 0.3 99. Pyridine 5 15 - ? 100. Silane (silicon tetra- hydride) 5 7 - - 101. Sodium Hydrioxide-C 2 - - 102. Styrene monomer (phenylethylene) 50 215 100 425 103. Sulpher-dioxide 2 5 5 10 104. Sulpher hexaf- luroride 1000 6000 - - 105. Sulphuric acid - 1 - - 106. Tetraethyl Lead (as Pb)-skin - 0.1 - - 107. Toluene (toluol) 100 375 150 560 108. O-Toluidine-skin (S.C.) 2 9 - - 109. Tributly phosphate 0.2 2.5 - - 110. Trichloroethylene 50 270 200 1080 111. Uranium, natural (as U) - 0.2 - 0.6 112. Vinyl chloride (H.C.) 5 10 - - 113. Welding Fumes - 5 - - 114. Xylene (o-m-p-iso-mers) 100 435 150 655 115. Zinc oxide - - - - (i) Fume - 5.0 - 10 (ii) Dust (Total dust) - 10.0 - - 116. Zirconium comp- ound (as Zr) - 5 - 10 THE BIHAR
BUILDING AND OTHER CONSTRUCTION WORKERS (REGULATION OF EMPLOYMENT AND
CONDITIONS OF SERVICE) RULES, 2005
1PREAMBLE
* Not more than 4 times a day with least 60 min. interval
between successive exposures.
|
Aerodynamic
Diameter (um) (Unit density sphere) |
%
passing selector |
|
2 |
90 |
|
2.5 |
75 |
|
3.5 |
50 |
|
5.0 10 |
25 00 |