CourtMesh

Section 38: Fencing of motors, etc

The Building and Other Construction Workers' (Regulation of Employment and Conditions of Service) Jharkhand Rules, 2006State Rules of Jharkhand · 1996

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 of 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 re-start inadvertently.

39. Lifting and carrying of excessive weight - An employer shall ensure at a construction site of a building or other construction work that, - 21

(a) no building worker lifts by hand or carries 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 Maximum Weight Load Adult - man 55 Kg.

Adult - woman 30 Kg.

Adolescent - male 30 Kg.

Adolescent - female 20 Kg.

Unless aided by any other building worker or a mechanical device,

(b) 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.

40. Health and safety policy - (1) (a) Every establishment employing fifty or more building workers 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;

(b) the policy referred to in clause (a) shall contain the following, namely :-

(i) the intentions and commitments of the establishment regarding health, safety and environmental protection of building workers ;

(ii) organizational arrangements made to carry out the policy referred to in clause (a) specifying the responsibility at different levels of hierarchy ;

(iii) responsibilities of the principal employer, contractor, sub-contractor, transporter or other agencies involved in the building or other construction work ;

(iv) techniques and methods for assessment of risk to safety, health and environmental and remedial measures thereof;

(v) arrangements for training of building workers, trainers, supervisors or other persons engaged in the construction work ;

(vi) other arrangements for making the policy referred to in clause (a), effective ;

(c) 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.

(2) 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.

22

(3) The establishment shall revise the policy referred to in clause (a) of sub-rule (1) as often as necessary under the following circumstances, namely :-

(i) whenever any expansion or modification having implication on safety and health of the building workers is made in such building or other construction work ;

(ii) whenever any new building or other construction work, substances, articles or techniques are introduced having implication on health and safety of building workers

(4) 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 understood by the majority of building workers at a construction site.

Where this provision sits

ActThe Building and Other Construction Workers' (Regulation of Employment and Conditions of Service) Jharkhand Rules, 2006
Section38
Marginal noteFencing of motors, etc
JurisdictionState of Jharkhand
StatusIn force as published by the source

Find the provision, not just read it

The full text above is free, and it stays free. What a free CourtMesh account adds is everything you cannot do by reading one page at a time:

  • Search 49,000+ Central and State enactments by what a provision says, not by its number
  • Jump from any section to every judgment that has applied it
  • Search 300 million+ Indian court records alongside the statute
  • Ask a research agent to find and read the case law on a provision for you

Free account. No card. About a minute to create.

Create a free account

Need this as data, not as a page? The Building and Other Construction Workers' (Regulation of Employment and Conditions of… is one of 49,000+ enactments on CourtMesh. The Indian court cases API serves the case law that cites these provisions over JSON, with API documentation and plans and pricing. See also the judgment library.