Compliances Related to Building and Other Construction Workers under Occupational Safety, Health and Working Conditions (Uttar Pradesh) Rules, 2022

Compliances Related to Building and Other Construction Workers under Occupational Safety, Health and Working Conditions (Uttar Pradesh) Rules, 2022

Background

The Occupational Safety, Health and Working Conditions Code, 2020 has been enacted by the Government of India with the objective of consolidating and rationalising multiple labour laws relating to occupational safety, health, and working conditions of workers employed in establishments. The Code subsumes various central labour legislations governing factories, contract labour, migrant workers, mines, docks, construction work, and other hazardous employments, with an aim to ensure uniformity, simplification, and enhanced ease of compliance.

Applicability

These rules as specified under Chapter VI (Building and Other Construction Workers) of the Code are applicable to:

  • Building and Other Construction Workers under Occupational Safety, Health & Working Conditions (U.P.) Rules, 2022
  • Establishment having five story or above a height of 20 meters or above building in U.P.

Compliance Requirements under the Rules in Accordance with the Code

  1. Prohibition on Employment of Persons with Certain Disabilities in Construction Work in U.P. (Section 78)

No person, about whom the employer knows or has reasons to believe that he is a deaf or he has a defective vision or he has a tendency to giddiness, shall be required or allowed to work in any such operation of building or other construction work which is likely to involve a risk of any accident either to the building worker himself or to any other person.

  1. Prevention of Bodily Injury and Workplace Safety Measures (Rule 16)

(1) No building, wall, chimney, bridge, tunnel, road, gallery, stairway, ramp, floor, platform, staging, or other structure, whether of a permanent or temporary character, shall be constructed, situated or maintained in any establishment in such a manner as to cause risk of bodily injury. 

(2) No machinery, plant or equipment shall be constructed, situated, operated or maintained in any establishment in such a manner as to cause risk of bodily injury. 

(3) No process or work shall be carried in any establishment in such a manner as to cause risk of bodily injury. 

(4) No materials or equipment shall be stacked or stored in such a manner as to cause risk of bodily injury.

  1. Provision against danger arising from mechanical transport in establishments in U.P. (Rule 18)

No railway wagon shall be moved without supervision by an appointed person. A person with an audible device must walk ahead to prevent others from crossing. Names to be in Form-XIII. Only trained persons may operate transport vehicles under a supervisor, ensuring safe movement.

  1. Safety Provisions for Establishments or Group of Establishments in U.P. (Rule 20)

Employer/Owner or both, of an establishment or group of establishments which has five story or above or a height of 20 meter or above building , shall prepare and keep up-to-date an Emergency Plan to mitigate the fire emergency or lift failure or any other dangerous occurrence.

Employer/Owner shall also ensure the availability of requisite facilities as per Indian Standards, training of persons, information dissemination to the people and adequate supervision for safety.

 

 

Penalty & Punishment

Contravention of any provision restricting or regulating the employment of workers shall be liable to penalty which shall not be less than fifty thousand rupees but which may extend to one lakh rupees

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