Lok Sabha Question No. 323 (UNSTARRED), answered on 2024-02-05
Subject: Safety of Workers at Construction Sites
Ministry: LABOUR AND EMPLOYMENT
Asked by: Pratima Mondal

## GOVERNMENT OF INDIA

## MINISTRY OF LABOUR AND EMPLOYMENT LOK SABHA UNSTARRED QUESTION NO. 323 TO BE ANSWERED ON 05.02.2024

## SAFETY OF WORKERS AT CONSTRUCTION SITES

## 323.  SHRIMATI PRATIMA MONDAL:

Will the Minister of LABOUR AND EMPLOYMENT be pleased to state:

- (a)whether the Government has any concerned about the safety of workers at construction sites, especially at the tunnel constructions;
- (b)if so, the details thereof;
- (c)the  details  of  steps  taken  for  the  safety  of  workers  as  per  the International Labour Organization (ILO) conventions on health and safety;
- (d)the  reasons  for  undue  delay  of  starting  rescue  operations  at Silkyara tunnel collapse in Uttarkashi of Uttarakhand;
- (e)whether the Government has taken any step to ensure the escape route/tunnels  which  are  compulsory  to  meet  such  emergency situations in construction of long tunnels; and
- (f)if so, the details thereof?

## ANSWER

## MINISTER OF STATE FOR LABOUR AND EMPLOYMENT (SHRI RAMESWAR TELI)

(a) to (c): The  Central  Government  is  committed  to  protect  and promote the welfare, social security, safety and health of labourers. The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 [BOCW (RE&CS) Act,  1996]  and  Central  rules,  1998  regulate  the  employment  and conditions  of  service  of  building  and  other  construction  workers, provide for their safety, health and welfare measures and for other matters connected therewith or incidental thereto.

India, being a founding member of the International Labour Organisation (ILO) has deep respect for its principles and objectives. The Government of India has always upheld the basic tenets of ILO in regard to conventions related to health and safety of labourers. The provision of the BOCW (RE&CS) Act, 1996 and Rules made thereunder are  the  comprehensive  legislations  stipulated  all  the  measure  to ensure Welfare, Safety and Health at construction site as par of ILO convention no. 167.

The provisions related to Safety are covered in Chapter VII of the BOCW (RE&CS) Act 1996 and the same are enforced along with other  provisions  of  the  Act  and  the  BOCW  (RE&CS)  Central  Rules 1998.  The  Chapter  XIII  of  the  BOCW  (RE&CS)  Central  Rules,  1998 deals with exclusive provision for Excavation and Tunnelling Works under Rule 119 to 168.

The CLC(C) organization through its field offices enforces various provisions of the BOCW (RE&CS) Act 1996 and the rules made thereunder  ensuring  the  safety  measures  of  workers  working  in construction  sites  in  the  Central  Sphere.  Regular  inspections  are conducted  by  the  Chief  Labour  Commissioner  (Central)  [CLC(C)] Organisation in the Central Sphere as per the Inspection Scheme of the Ministry of Labour & Employment.

Further, in order to augment the efforts in the direction of safety  and  health  of  construction  workers,  'Construction  Advisory Service (CAS) Division' has been created in Directorate General of The 'Construction Advisory Service (CAS) Division' at DGFASLI, Mumbai has initiated various certificate courses in the field of Construction

Factory Advice Service & Labour Institutes (DGFASLI). Safety.

Further,  a  Model  Welfare  Scheme  for  BOC  Workers  and Action Plan for strengthening  Implementation  Machinery  were forwarded  to  all  States/UTs,  wherein  the  State  /  UT  Governments through their State/UT BOCW Welfare Boards were entrusted upon to comply with the Scheme for the welfare of the construction workers and  asking  the  State  Welfare  Boards  to  formulate  and  implement these  kind  of  welfare  schemes  including  in  respect  of  Life  and disability cover, health and maternity cover, education of the wards of  the  workers,  transit  housing,  skill  development,  awareness programs and pension to registered BOC workers.

Contd..3/-

Moreover,  Several  directions  under  Section  60  of  the BOCW (RE&CS) Act,  1996  have  been  issued  from  time  to  time  to State/UT BOCW Welfare Boards for implementation of the provisions of the Act and for optimum utilization of the cess funds for the social security & other welfare measures of the BOC workers which include the  benefits  of  welfare  schemes  of  the  State  Welfare  Boards  and social security schemes of the Central/State Governments.

(d): The Government is always attentive to take cognizance of such  type  of  accidents  and  take  timely  appropriate  action.  In  the recent accident at Silkyara in Uttarkashi wherein main thrust of the operation was of saving the precious lives of labourers.

Therefore, despite the fact that the site was a hilly area and  various  technical  and  other  intricacies  involved,  the  entire all precautionary  measures  with  the  help  of  local  administration  and duly monitored by the Central Government ensured safe rescue of all

Government machinery in a planned manner & taking the trapped workers.

(e) & (f): The Provisions of the BOCW (RE&CS) Act, 1996 and BOCW (RE&CS)  Central  Rules,  1998  ensure  the  safety  of  workers  at construction sites.  Rule 36 of Chapter VI deals with provisions for emergency  action  plan.  The  Chapter  XIII  deals  with  exclusive provision for Excavation and Tunnelling Works under Rule 119 to 168, comprehensively  dealing  with  safety  provision  in  case  of  workers trapped inside of tunnel.

As per Rule 36 of the Central Rules, 1998,  in case more than 500 building workers are employed at a  construction site, the employer shall ensure that the emergency action plan to handle the emergencies like fire and explosion, collapse of lifting appliances and transport equipment, collapse of building, sheds or structure, etc., gas leakage or spillage of dangerous goods or chemicals, drowning of  building  workers,  sinking  of  vessels,  and  landslides  getting building workers  buried, floods, storms and other natural calamities, is prepared and submitted for the approval of the Director General of

Inspections under BOCW Act, 1996.

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