Lok Sabha Question No. 51 (UNSTARRED), answered on 2023-12-04
Subject: Accidents of Construction Workers
Ministry: LABOUR AND EMPLOYMENT
Asked by: Dhanush M Kumar, Mohammad Jawed, Ganesan Selvam

## GOVERNMENT OF INDIA

## MINISTRY OF LABOUR AND EMPLOYMENT LOK SABHA UNSTARRED QUESTION NO. 51

## TO BE ANSWERED ON 04.12.2023

## ACCIDENTS OF CONSTRUCTION WORKERS

51.   SHRI DHANUSH M. KUMAR: DR. MOHAMMAD JAWED: SHRI SELVAM G.:

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

- (a)whether it is a fact that labourers working at construction sites are not provided safety equipments leading to fatal accidents and if so, the details thereof and the reasons therefor;
- (b)whether  the  Government  proposes  to  issue  a  SOP  (Standard Operation  Procedure)  for  the  safety  measures  to  be  taken  for labourers and if so, the details thereof;
- (c)the  steps  taken  by  the  Government  to  ensure  the  safety  of labourers across the country;
- (d)in  light  of  frequent  accidents  and  fatalities  among  migrant construction workers, what measures are the Government taking to  ensure  adequate  and  prompt  compensation  for  the  affected workers and their families;
- (e)whether the Ministry plans to improve safety standards and the enforcement of regulations to prevent such tragic incidents in the future; and
- (f)if  so,  the  details  of  specific  initiatives  or  policies  aimed  at addressing the vulnerabilities faced by migrant workers, especially in the construction sector?

## 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  the labourers.  The  Central  Government  has  enacted  the  Building  and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 [BOCW (RE&CS) Act, 1996] and their Contd..2/-

rules  to  regulate  the  employment  and  conditions  of  service  of building  and  other  construction  workers  and  to  provide  for  their safety, health and welfare measures and for other matters connected therewith or incidental thereto.

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 regular inspections are conducted by the Chief Labour Commissioner (Central) [CLC(C)] Organisation in the Central Sphere and  as  per  the  Inspection  Scheme  of  the  Ministry  of  Labour  & offices enforces various provisions of the BOCW (RE&CS) Act 1996 and the rules  made  thereunder  ensuring  the  safety  measures  of  workers

Employment,  the  CLC(C)  organization through its field working in construction sites in the Central Sphere.

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 Factory Advice Service & Labour Institutes (DGFASLI). The 'Construction Advisory Service (CAS) Division' at DGFASLI, Mumbai has initiated various certificate courses in the field of Construction Safety.

(d) to (f): Compensation  is  provided  to  workers/families  of  the unorganized workers, employed in Building and Other Constructions works,  as  per  welfare  schemes  framed  and  administered  by  the BOCW Welfare Board of the state, where the workers are registered as beneficiary. Compensation to Building Workers/their families in Central Sphere are also provided through Workmen's Compensation Commissioner appointed by State Government/UTs under the Employe e's Compensation Act, 1923.

In order to safeguard the interest of the Migrant Workers (in-specific),  the  Central  Government  had  enacted  the  Inter-State Migrant Workmen (Regulation Employment and Conditions of Service) Act, 1979 [ISMW Act]. As per Section 16 (g) of ISMW Act, 1979, it shall be  the  duty  of  every  contractor  employing  inter-state  migrant workmen in connection with the work of an establishment to which this Act applies, report to the specified authorities of both the States and also the next of kin of the workman in case of fatal accident or serious bodily injury to any such workman.

Further, for the welfare of construction workers including migrant construction workers, a 'Model Welfare Scheme for Building and Other Construction Workers and Action Plan for strengthening Implementation Machinery' was prepared by the Ministry of Labour and Employment and forwarded to all the States/UTs for its strict compliance.

Moreover,  several  instructions  under  Section  60  of  the BOCW(RE&CS)  Act,  1996  have  been  issued  from  time  to  time  to State/UT BOCW Welfare Boards for optimum utilization of the cess funds for the social security and other welfare measures of the BOC workers (including migrant BOC workers).

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