 Articles
Safety of the Construction work force |
Across the world safety in construction is a matter of concern. In India this is one of the most vulnerable segments of the unorganised labour in the country. The industry being highly labour intensive safety should be comprehensively addressed at an all India level. A large number of workers are exposed to the risks of workplace accidents and occupational health problems. The rate of fatal accidents in this sector is four to five times that of the manufacturing sector.
Since the construction sector employs around 10 million people, the issue of safety assumes importance. As per one survey 165 per 1,000 workers get injured during construction activities. The workers are exposed to a host of hazardous substances, which have a potential to cause serious health & occupational diseases such as asbestosis, silicosis, lead poisoning etc.
The following statutory provisions are in force to take care for the needs of the workers e.g., Employees State Insurance Act, 1948 formed to provide employee’s medical benefits, sickness benefits, accident benefits, etc. on a contributory basis which hardly reaches the victims in time. The Workmen’s Compensation Act 1923, to provide for the compensation during injuries/disablement etc., caused during work in the premises. The process needs to be cleared of obstacles so that the compensation reaches in time. Contract Labour (Regulation & Abolition) Act, 1970 framed to provide just and humane conditions of work for contract labour and to put them at par with regular employees.
The Minimum Wages Act, 1948 to provide for minimum statutory wages in scheduled employments with a view to obviate the chances of exploitation of labour. Payment of Gratuity Act, 1972 it is a financial incentive in token of recognition of long years of service rendered by an employee, but this is not in practice as in the case of construction industry. Employees Provident Fund Act, 1952 to provide for institution of a fund where employer and employee contribute an equal amount. It extends to all establishments employing ten or more persons and covers all employees under the purview of the act. But this kind of fund is hardly instituted for the benefit of construction workers.
The reason why no agency has made any efforts in this direction is the lack of specific legislation in this sector till the introduction of Building & Other Construction Workers (Regulation of Employment and Conditions of Services) Act, 1996. But the passing of this act alone does not take care of everything. The Central Rules & the state rules need to be intensified and the enforcing agencies need to be notified. However, till now, apart from the centre only the states of Delhi, Kerala and Karnataka have set up the necessary state rules. Under the Centre the responsibility of the enforcement of BOCW Act has been given to the Labour Commissioner. However, unlike the Chief Inspectorate of Factories, who shares similar responsibility to ensure safety standards in the manufacturing sector and has the necessary technical background & experience. The Labour Commissioner has a nontechnical background. Construction safety, on the other hand being a clearly technical subject, the office of the Labour Commissioner may not be equipped with the adequate know how to carry out the inspection of the construction sites. Unfortunately, neither the central nor state Govts. wish to increase their manpower or create a new department for the enforcement of this new legislation. Besides the sheer number of construction sites spread all over the country, will not be adequate for the effective implementation of the Act.
The provisions of WTO and GATS shall be applicable from 2006 onwards as India being the signatory to this accord. Under these provisions transparency and removal of the barriers are the major aspects. To achieve this, certification of workers shall be mandatory clause in all the tenders. In order to ward off any future complications with the implementation of WTO provisions, it is high time that all the contractors working with CPWD and officials of the department are exposed to these requirements. CIDC in assistance with CPWD has initiated the process of training, testing and certification of Construction workers. Today there are about 15000 construction workers, who have been tested and certified. Under the skill up gradation scheme CIDC imparts specialized training to workers to enhance their skills.
A safety culture needs to be developed as an integral part of the work culture of an organization. It must be a basic component of the management philosophy just as profit making is. The aim should be at providing a safe work layout and work arrangements which are conducive to promote the health and well being of the workers which ultimately generates the feeling of trust and loyalty among the workforce. With the advancement in technology there is more need for training the workers (operators) as per the latest tools trends and techniques so as to ensure the safe operation of high tech equipments and to avoid any danger to human life.
The legislations that are into force were brought with a view to avoid labour discontent and zero down the areas of conflict. Government’s policy is to ensure that the intended benefits and advantages reach the construction workers at the earliest and in full measure. The difficulties experienced by these acts will come forth once their enforcement in various states gains momentum and subsequent corrective measures would be taken so as to make them more responsive to the welfare needs of the construction workers.
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