The Constitution of India has provisions for ensuring occupational health and safety of workers in the form of three Articles 24, 39 (e and f) and 42. The important legislations related to occupational health, safety and

CS Professional · Labour Laws & Practice · PYQS · December 2024
The Constitution of India has provisions for ensuring occupational health and safety of workers in the form of three Articles 24, 39 (e and f) and 42. The important legislations related to occupational health, safety and welfare are the Factories Act, 1948, the Mines Act, 1952 and the Dock Workers (Safety, Health & Welfare) Act, 1986, Workmen's Compensation Act, 1923 and Building and Other Construction Workers (Regulation of Employment and Condition of Service) Act. Among these laws, Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 came into force from 19th August, 1996 to regulate the employment and conditions of service of building and other construction workers and to provide for their safety, health and welfare. It is further governed by the Central Rules, 1998 and each of the State has got the powers to frame their own rules for implementation of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996. Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act was enacted to regulate the employment and conditions of service and to provide for safety, health and welfare measures for crores of building and other construction workers in the country. The Act is applicable to every establishment which employs 10 or more workers in any building or other construction work. (a) Explain the welfare measures of the workers under the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996.

Answer & Explanation:

Welfare measures of the workers under the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 are as under: 1. Drinking water (Section 32) Section 32 provides for the obligation of the employer to make in every place where building or other construction work is in progress, effective arrangements to provide and maintain at suitable points conveniently situated for all persons employed therein, a sufficient supply of wholesome drinking water. All such points shall be legibly marked "Drinking Water" in a language understood by a majority of the persons employed in such place and no such points shall be situated within six meters of any washing place, urinals, or latrine. 2. Latrines and urinals (Section 33) In every place where building or other construction work is carried on, the employer shall provide sufficient latrine and urinal accommodation of such types as may be prescribed and they shall be so conveniently situated as may be accessible to the building workers at all times while they are in such place. Provided that it shall not be necessary to provide separate urinals in any place where less than fifty persons are employed or where the latrines are connected to a water-borne sewage system. 3. Accommodation (Section 34) It shall be the duty of the employer to provide, free of charge and within the work site or as near to it as may be possible, temporary living accommodation to all building workers employed by him for such period as the building or other construction work is in progress. Such temporary accommodation shall have separate cooking places, bathing, washing, and lavatory facilities. As soon as may be, after the building or other construction work is over, the employer shall, at his own cost, cause removal or demolition of temporary structures so erected by him and restore the ground in good level and clean condition. In case an employer is given any land by a Municipal Board or any other local authority for the purposes of providing temporary accommodation for the building workers under this section, he shall, as soon as may be after the construction work is over, return the possession of such land in the same condition in which he received the same. 4. Creches (Section 35) In every place wherein, more than fifty female building workers are ordinarily employed, there shall be provided and maintained a suitable room or rooms for the use of children under the age of six years of such female workers, Such rooms shall - (e) provide adequate accommodation; (f) be adequately lighted and ventilated; (g) be maintained in a clean and sanitary condition; (h) be under the charge of women trained in the care of children and infants. 5. First-aid (Section 36) Every employer shall provide in all the places where building or other construction work is carried on such first-aid facilities as may be prescribed. 6. Canteens, etc. (Section 37) The appropriate Government may, by rules, require the employer - a) to provide and maintain in every place wherein not less than two hundred and fifty building workers are ordinarily employed, a canteen for the use of the workers; b) to provide such other welfare measures for the benefit of building workers as may be prescribed.

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