(l) 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 union wherever such union exists.
(2) The main function 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 practices 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 construction 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.
212. Safety Officer - (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.
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(2) Duties, qualifications and the condition of service of safety officers appointed under subrule (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 for such group of employers with prior permission of the Chief Inspector.
213. Reporting of accidents - (1) Notice of any accident on the construction site which either-
(a) causes 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-
(i) the Deputy Labour Commissioner, having jurisdiction in the area in which the establishment in which such accident or dangerous occurrence took place is located. Such Deputy Labour Commissioner shall be the authority appointed under section 39 of the Act;
(ii) Welfare Board with which the building worker involved in accident was registered as a beneficiary;
(iii) Chief Inspector, and
(iv) The next in kin or other relative 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; o
(b) disables such building worker from work for more than ten days following the accident, shall also be sent to -
(i) the officer in-charge of the nearest police station;
(ii) 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 be 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 caused to a building worker, in the manner prescribed in sub-rule (I), namely :- 85
(a) collapse or 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; overturning 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 formwork;
(c) Collapse of transmission towers, pipelines, bridges etc.
(d) explosion of receiver or vessel used for storage, at a pressure greater than atmospheric pressure, of any gas or gases or any liquid or solid used as building material;·
(e) fire and explosion causing damage to any place on construction site where building workers are employed;
(f) pillage 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 (I) 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 Welfare Board and the Chief Inspector in Form XIV under proper acknowledgement. In case of accident under clause (b) of Sub-rule (I) such written report needs to be submitted only when the building worker is disabled from work on which he was employed for more than 48 hours from the time of accident.
214. Procedure for enquiry into causes of accident or dangerous occurrence - (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 (1) of rule 213, 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 213;
(b) the enquiry may be conducted by the authority referred to in sub-clause (i) of clause (b) of sub-rule (l) of rule 213 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 86 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 any way 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 and 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 employers association;
(c) the worker involved in the accident or his legal heir or authorized 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 group may be represented through an authorized representative including a counselor a solicitor.
(4) Subject to the provisions of sub-rule (5) the enquiry shall be held in public.
(5) In cases where -
(a) the State Govt. 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 interests of national security to hold the enquiry in public 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 (l), 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.
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(7) The person entitled to appear under sub-rule (2), called for evidence or representation 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 the extent and at the stage permitted by the authority of 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 that 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 authorized 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 along with 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 itself.
(11) A copy of the findings along with a brief statement of facts relating to an enquiry conducted under this rule shall be forwarded to the Chief Inspector and the State Government by the authority referred to in sub-rule (1) of rule 213.
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CHAPTER XXII EXPLOSIVES
215. Handling of explosives - The employer shall ensure at a construction site of a building or other construction work that-
(a) all explosives are handled, used 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 use to warm the building workers and the general public of the danger involved in such use.
216. Precautions - The employer shall ensure at a construction site of a building or other construction work that-
(a) notwithstanding the provisions of rule 215 the following precautions are observed at the places of transporting, handling, storage and use of such explosives, namely :
(i) prohibition of smoking, naked lights and other sources of ignition in the vicinity where explosives are handled, stored and used;
(ii) to keep safe distance and to use non-sparking tools while opening packages containing explosives;
(iii) to stop the use of explosives and handling thereof while the weather conditions are not suitable for such use or handling;
(b) 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
217. General Provisions - The employer shall ensure at a 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;
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(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 drive from overturning;
(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 work by such equipment.
218. Stability of adjacent structure - The employer shall ensure at a 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 piling, shoring, bracing or by other means to ensure safety and stability of such structure and to prevent injury to any person.
219. Protection of operator - The employer shall ensure at a 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.
220. Instruction to and supervision of building workers working on a pile driving equipment - The employer shall ensure at a construction site of a building or other construction work that every building worker working on a pile driving equipment is given instructions regarding safe work procedure to be followed in piling operation and is supervised by a responsible person throughout such work.
221. Entry of unauthorized person - The employer shall ensure at a construction site of a building or other construction work that all piling areas where pile driving equipment is in use are effectively cordoned off to prevent entry of unauthorized persons.
222. Inspection and maintenance of pile driving equipment - The employer shall ensure at a 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.
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223. Operation of pile driving equipment - The employer shall ensure at a 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-drive is blocked at the bottom of the heads of such pile-driver;
224. Working platform on piling frames - The employer shall ensure at a construction site of a building or other construction work that where a structural tower supports the lead of a piledriver, suitable working platforms 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 piledriver 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.
225. Pile Testing - The employer shall ensure at a 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.
CHAPTER XXIV MEDICAL FACILITIES
226. Medical examination of building workers, etc - The employer shall ensure at a construction site of a building or other construction work that -
(a) (i) 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 91 medical examination of such worker, is medically examined at such intervals as the Chief Inspector may direct from time to time;
(ii) 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.
(iii) the medical examination referred to in sub-clause (i) and sub-clause (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;
(iv) 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 as may be deemed necessary by the construction medical officer examining such building worker for the diagnosis of occupational disease.
(b) 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;
(c) certificate of medical examination referred to in sub-clause (i) or sub-clause (ii) of clause
(a) is issued in Form XI annexed to these rules;
(d) 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 XIII annexed to these rules and such register shall be made available to the inspector having jurisdiction, on demand;
(e) 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.
227. Duties of construction medical officers - (1) The medical examination referred to in subclause (i) or sub-clause (ii) of clause (a) of rule 226 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;
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(c) notification of occupational diseases to the concerned authorities in accordance with these rules;
(d) immunization services;
(e) medical record upkeep and maintenance;
(f) health education including advisory services on family planning, personal hygiene, environmental sanitation and safety;
(g) referral services.
228. Occupational health centers - The employer shall ensure at a 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.
229. Ambulance Room - The employer shall ensure at a 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.
230. Ambulance van - The employer shall ensure at a construction site of a building or other construction work that an ambulance van is provided at such construction site or an 93 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.
231. Stretchers - The employer shall ensure at a 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.
232. Occupational health services for the building workers - (1) The employer shall ensure at a 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 -
(i) provide first-aid and emergency treatment;
(ii) 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;
(iii) conduct training of first-aid personnel of such medical service;
(iv) render advice to such employer on conditions of work and improvement required to avoid hazards to the health of such building worker;
(v) promote health education, including family welfare among such building workers;
(vi) 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;
(vii) undertake immunization for all such building workers against tetanus, typhoid, cholera and other infectious diseases.
(b) 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 Jharkhand in matters of treatment, job placement, accident prevention and welfare of such building workers.
(c) 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 equipments.
(d) 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.
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(e) 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 -
(i) the state of health of such building workers; and
(ii) the nature and causes of occupational injuries or disease suffered by any of such building workers, treatment provided to such worker and measures taken to prevent recurrence of such injury or disease.
233. Notice of poisoning or occupational diseases - The employer shall ensure at a 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, a 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.
234. First-aid boxes - The employer shall ensure at a 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) provided that the distance of the nearest first-aid box or cupboard should not be more than 200 metres from any working place. Every first-aid box or cupboard is distinctly marked "First-Aid" and is equipped with the articles specified in Schedule III annexed to these rules;
(c) nothing except appliances or requisites for first-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.
235. Emergency care services or emergency treatment - The employer shall ensure at a construction site of a building or other construction work that -
(a) essential life saving aids and appliances required to handle -
(i) head injuries and spinal injuries;
(ii) bleeding;
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(iii) fractures and dislocations of bones and joints;
(iv) crush injuries;
(v) shock, including electric shock;
(vi) dehydration due to any cause;
(vii) snake bite, insect bite, scorpion and bee stings;
(viii) burns, including chemical burn;
(ix) bends or divers paralysis;
(x) other surgical, gynecological, obstetric, or pediatric emergencies.
(xi) drowning;
(xii) sunstroke and frost bite to building workers; are provided and properly maintained under the supervision of a construction medical officer.
(b) 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 a hospital and till such building worker is attended by a doctor in such hospital;
(c) 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