SAFETY IN CONSTRUCTION

INSTRUCTIONAL OBJECTIVES:
After studying this chapter the learner will be able to:

Explain the importance of safety on construction sites;

Describe the safety measures to be adopted on work sites for:
Excavation
Drilling and blasting
Hot bituminous works
Scaffolding , ladders and formwork
Fabrication and erection
Storage
Demolition
Explain the various aspects of fire safety;
Describe strategy for launching safety campaigns on work sites.

8.1 IMPORTANCE OF SAFETY:

Safety in construction is a prime requisite but it often gets neglected on work sites. With the advancement in
construction technology, the need for proper attention to safety aspects has become essential for human,
economic and other considerations. The wide range of construction and building activities involving
complex techniques have led to many new problems of safety. Proper steps should be taken to improve
safety on construction sites so that loss of limb and life, suffering and damage resulting from avoidable
accidents is prevented. Promotion of safety measures at site will result in a better work environment, higher
productivity and greater contentment among workers.
Most of the accidents in the construction industry happen due to lack of proper education and
training in regard to safety measures and also because of negligence and ignorance on the part of either the
worker or management or both. Table 8.1 gives the percentage of fatal accidents and their causes, in the
construction industry. It is a well known fact that the construction industry in India employs more labour
than any other industry. The construction industry is also one of the least organized and as a result there is
scope for the exploitation of labour. In a country like India, safety is all the more important because of lack
of social security to the family left behind. Thus, it becomes necessary to consider certain safety measures to
prevent accidents.

Table 8.1: Percentage of Fatal accidents and their causes in the construction industry:
Sr.No.Causes
1.
2.
3.
4.
5.
6.
7.

Falling persons
Falling materials
Transport
Lifting equipment
Excavation
Electricity
Other causes

Approximate percentage of fatal accidents

45
14
14
7
7
6
7

8.2 SAFETY MEASURES:

Prevention of accidents is a major aim of construction management, both for human and financial
considerations. Whatever the nature of construction projects, accidents are likely to occur causing physical
injury, casualties and loss of money. In order to prevent accidents at construction sites, certain safety
measures need to be taken in the following major need to be taken in the following major activities prone to
risks of accidents:

Excavation

Drilling and blasting

Hot bituminous works

Scaffolding, ladders, form-work and other equipment

Fabrication and erection

Storage

Demolition

8.2.1 SAFETY MEASURES FOR EXCAVATION:

The following measures should be adopted at the time of excavation:
i.

In all works, an experienced and competent foreman or supervisor should look after the
excavation work. He should have authority to enforce safety rules and prevent the use of
defective/unsafe appliances.

ii.

Before doing the excavation work, a complete knowledge of underground structures (such as
sewers, water pipelines, gas mains etc.) is essential and proper precautions should be taken to
prevent accident to the workmen engaged in excavation work.

iii.

Safety helmets should be worn by all persons entering a trench where hazards from falling
stones, timber or other materials exist.

iv.

Whenever workmen have to excavate in trenches, in soil, soft or fissured rock, or hard soil
exceeding 2m in depth, the trenches should be securely shored and timbered.

v.

Sheathing should be placed against the side of the trench so that the length of each piece of
sheathing is vertical. Where the trench is excavated in loose or soft soil, each piece of sheathing
should be driven into the bottom of the trench so as to be firmly held in place.

vi.

Excavated material should be kept away from the edge of trench in order to provide a clear berm
width of not less than one third the final depth of excavation. However, in special cases where
disposal area is limited, the minimum berm width should not be less than 1m.

vii.

Heavy equipment, such as excavating machinery, trucks, dumpers etc. should be kept away from
the excavated sides at a distance not less than the depth of the trench r at least 6m for trenches
deeper than 6m.

viii.

At places where public is likely to trespass, fences or barricades should be erected to avoid
accidents. At night, excavated areas should be adequately lighted.

For other details, reference may be made to IS: 3764-1966.

8.2.2 SAFETY MEASURES FOR DRILLING AND BLASTING

Various safety measures to be adopted at the time of drilling and blasting operations are:
i.

To transport small quantities of explosives (approximately 5 kg) specially designed insulated

containers may be used which are made of finished wood not less than 5cm thick or plastic not less
than 6mm thick. The container should be waterproof and free from any metal parts (such as nails,
screws etc.).

ii.

Vehicles to be used for transporting explosives should be in good working condition with tight
wooden or non-sparkling metal floor and sides.

iii.

Smoking is strictly prohibited at places where explosives are stored.

iv.

Explosives should be stored only in a magazine which is clean, dry, well ventilated, reasonably cool,
bullet and fire resistant.

v.

Explosives and fuse lighters should not be stored in a damp or wet place or near oil, gasoline or
steam pipes, or other sources of heat.

vi.

Leaves, grass or debris of any kind should not be allowed to accumulate within 8m of the magazine.

vii.

Any package containing explosives should not be dragged, dropped or handled roughly and these
packages should be opened only at safe distance from the packages of explosives in bulk storage.

viii.

No person should attempt to uncoil the wires and open the bare leading wires of the electric blasting
caps (detonators) during dust storms.
For further detailed precautions, reference may be made IS: 4081-1967

8.2.3 SAFETY MEASURES FOR HOT BITUMINOUS WORKS

Various safety measures to be adopted for hot bituminous materials are:
i.

On all major works, an experienced foreman or supervisor should be placed in charge of the work who
should guard against the use of defective/unsafe appliances, equipment and tools should keep stock of
fire extinguishing equipment and first aid kit etc.

ii.

Workers engaged on jobs involving handling of hot bitumen should use protective wares such as boots,
gloves, goggles and helmets.

iii.

When heating and handling of hot bituminous materials is to be done in the open, sufficient stocks of
clean dry sand or loose earth should be kept ready at the work site to cope with any resultant fire. When
such materials are not available, arrangement must be made for adequate supply of water to extinguish
the fire.

iv.

Bitumen plants should be provided with safe means of access. Working platforms should be provided
with hand rails and pulleys belts and drive mechanisms should all be protected by suitable guards.

v.
vi.

Compressors, electrical installations and other equipment such as elevators and conveyors should be
adequately protected from weather, mechanical damage and dust particles.
When bitumen plants are working on a public road, an adequate traffic control system must be
established.
For further detailed precautions reference may be made to IS : 5916-1970

8.2.4 SAFETY MEASURES FOR SCAFFOLDING, LADDERS, FORMWORK AND

OTHER EQUIPMENT
Various safety measures to be adopted while using ladders, formwork and scaffolds are:
i.

Every scaffold should be securely supported or suspended and properly strutted or braced to ensure
stability.

ii.

All scaffolds and working platforms should be securely fastened to the building or structure. If
independent of a building, they should be braced or guyed properly.

iii.

If scaffolds are to be used to great extent for long periods of time, a regular plank stairway, wide enough
to allow two people to pass, should be erected with handrails on both sides.

iv.

When work is being performed above a scaffold platform, a protective overhead covering should be
provided for the men working on the scaffolds. The protection should not be more than 3m above the
scaffold platform and should be made of planks.

v.

For wooden ladders, no rung should be fixed to the stringer with nails, spikes or other similar fixings. In
case of bamboo ladders, may be fixed to the rails with spikes of appropriate design and strength.

vi.

Ladders employed in heavier trades should not exceed 6m in length. For lighter trades, ladders should
not exceed 8m in length.

vii.

During dismantling of scaffolds, necessary precautions should be taken to prevent injury to persons due
to fall of loose materials, bracings and other parts of scaffolds.

viii.

Care should be taken to see that no un-insulated wires exist within 3 meters of the working platform,
gangway etc of a scaffold.

ix.

The supporting ballies for formwork should be checked for each individual member. The ballies should
be properly braced. Many accidents occur due to negligence on this account.

x.

All operations and supervisors of machines should be thoroughly trained in operating the machines and
equipment. All persons handling construction equipment should be completely acquainted with the
safety aspects of machines and then operation.

xi.

Safety in terms of both main and auxiliary equipment should be considered at all construction sites.
Unauthorized persons should not be allowed to handle or operate any equipment. Ropes, guys and
constructions should be thoroughly checked before use.
For detailed precautions, reference may be made to IS: 3696 (part 1-2)-1966.

8.2.5 SAFETY IN FABRICATION AND ERECTION

The following safety measures should be adopted during fabrication and erection:
i.

All equipment such as gas cutting and welding sets, drills, power hacksaws, grinders etc. should be
checked periodically to ensure their safe working.

ii.

Moving parts of all equipment should be provided with safety guards.

iii.

Rubber pipe-lines for oxygen and acetylene gas should be regularly checked for leakage or damage.
Leakage of gas from regulators, pipe-lines or connections with the gas torch should be rectified
immediately.

iv.

Workers engaged in gas cutting and welding operations should wear suitable gloves and aprons and use
proper welding screens.

v.

Power cables for all equipment should be properly insulated and protected from damage and cuts.

vi.

Danger signs should be prominently displayed on all poles of overhead electric lines/conductors used at
site.

vii.

Cut pieces and scrap should be stored at an appropriate place to avoid accidents.

viii.

All lifting tools and tackles such as wire ropes, U-clamps, shackles, chain-pulley blocks hooks etc,
should be checked thoroughly before undertaking erection work.

ix.

All erection equipment such as cranes, derricks, hoists etc. should be thoroughly checked before use.

x.

Workers engaged work should wear helmets and use safety belts to avoid accidents.

8.2.6 SAFETY IN STORAGE

i.

Timber including sleepers, runners, ballies, plywood etc. should be stored separately in neat stacks.
Adequate space should be left in between the stacks to avoid fire hazard. Smoking and open fires should
be prohibited in timber yards and stores.

ii.

Petroleum products should be separately stored. Smoking and open fires should be strictly prohibited
where these products are stored. Only essentially required quantities of such products should be stored at
site.

iii.

Adequate fire fighting arrangements should be provided at site particularly in areas where petroleum
products and timber are stored.

iv.

Explosives must be stored in proper magazines and the prescribed safety measures for handling and
storage of explosives should be observed.

8.2.7 SAFETY MEASURES FOR DEMOLITION

Various safety measures to be adopted at the time of demolition of buildings are:

i.

On every demolition work, danger signs should be provided all around the structure and doors giving
access to the structure. Barricades should be erected around the structure and at least two exits must be
provided for the escape of workmen during any emergency.

ii.

During night time, red lights should be placed around the barricades and entry of unauthorized persons
restricted.

iii.

At the time of demolition work, workers should use all safety appliances such as helmets, goggles,
gloves etc.

iv.

In case any danger is anticipated to the adjoining structure during the process of demolition, the same
should be got vacated to avoid any danger to human life.

v.

The process of demolition may weaken the side walls of an adjoining structure and to prevent possible
damage, these walls should be supported until permanent protection is provided.

vi.

The power on all electrical service lines must be shut off and all such lines disconnected before the
demolition work is started.

vii.

All gas, water, steam and other service lines must be shut off before the demolition work is started.

viii.

If a structure to be demolished has been partially wrecked by fire, explosion or other catastrophe, the
walls and damaged roofs should be braced suitably.

ix.

No demolition work should be carried out at night especially when the structure to be demolished is in
an inhabited area.
For further detailed precautions, reference may be made to IS:4130-1976.

8.3 FIRE SAFETY

Every year, many disasters occur due to fire in buildings which result in loss of life, property and
documents. Due to shortage of space a number of high rise buildings are being constructed and the risk
of fire hazards is much greater in such buildings. It may not be possible to completely eliminate fire
hazards in high rise buildings equipped with modern amenities for comfortable living. However, by
proper planning of buildings and by providing appropriate fire protection systems, fire hazards can be
minimized.

8.3.1 FIRE SAFETY IN BUILDINGS

For safety against fire hazards in buildings, early warning systems are installed to defect fire and give alarms
so as to protect the building and its occupants. The early warning systems commonly used are:
a) Smoke detector(for air conditioned areas)
b) Heat sensitive detector(for non-conditioned areas)
These detectors are placed on each floor at suitable location and are grouped to form a local panel on
each floor. These panels are in turn connected to the main control panel with audio (sound) alarm and

visual (light) indicators. These panels sound the alarm and alert the occupants in the event of fire hazards
and enable them to vacate the building before much loss of life and property occurs.
For safety requirements in buildings, the under-mentioned IS codes may be followed:
i.

All buildings must be designed to satisfy fire safety requirements as per IS:1256-1967, which specifies
that all multistoreyed high rise buildings must have separate staircases at every 30 meter distance in
addition to lifts and emergency fire escapes.

ii.

Spacing of buildings should be in accordance with IS: 1643-1960 so as to provide adequate protection
against exposure hazards.

iii.

Chimney flues and smoke pipes should be provided in accordance with IS: 1645-1960 for fire safety.

iv.

Fire safety of electrical installations in buildings should be as per IS: 1646-1982.

v.

The design of different structural elements should take into account the fire resistance ratings of these
elements as per IS: 1641-1960.

vi.

For non-electric lighting equipment, oil and gas heaters, reference should be made to IS: 1647-1960.
The important principles in the design of fire resistant buildings are to use such materials which do not
collapse immediately in the event of fire and to provide adequate emergency escapes for use during fire
hazards.
During construction, fire hazards due to electric short-circuiting can be avoided by proper wiring. Naked
and loose electric wiring should be completely prohibited. Open fires should be prohibited on
construction sites where inflammable materials are stored and stacked.

8.4 SAFETY CAMPAIGN

With increase in the number of accidents in the construction industry, it has become essential to educate
people in regard to safety measures. It is the duty of management to provide a safe working environment
to workers at construction sites. Unsafe practices must not be tolerated at any cost and proper safe guards
must be provided at all times.
One way of making people aware of safety measures is to launch safety campaigns, in addition to
providing preventive measures at the site of work. Frequent exchange of ideas between the labour
and the management would help in minimizing the accident rate. A continuing education programme
using posters, booklets, films, lectures and discussions with emphasis on supervisory safety training
will prove effective in reducing the accident rate. The decision to implement safety measures must be
made at the project management level if these measures must be made at project management level if
these measures are to be effective.
Safety measures must be considered as an integral part of the construction activity itself. This will help in
protecting life and property and in reducing the project cost.
It should be understood both by management and the workers that all accidents occur due to
negligence on the part of someone. Accidents result in loss of life, property and reputation of the
construction agency apart from financial loss and litigation. Accidents adversely affect the progress
of work and have a demoralizing effect on the construction team. Safety plays an important role in
executing a construction project with speed, economy and efficiency.

8.5 SUMMARY

Safety:

Safety in construction is a prime requisite but it often gets neglected on the work sites. Proper steps
should be taken to improve safety on construction sites so that loss of limb and life, suffering and
damage resulting from avoidable accidents is prevented. Most of the accidents in construction
industry are caused due to lack of proper education and training regarding safety measures and also
because of negligence and ignorance on the part of either the worker or the management or both.
In order to prevent accidents at construction sites, safety measures need to be adopted in the various
construction activities. At the time of excavation, whenever workers have to excavate trenches exceeding 2
meters in depth these trenches should be properly shored and timbered. The excavated material should be
kept away from the edge of the trench to provide a clear birm width of not less than 1/3 the final depth of
excavation .Excavated areas should be adequately lighted at night.
In the course of drilling and blasting operations, the storage, transportation and handling of
explosives should be done strictly in accordance with prescribed rules, regulations and procedures.
Red flags should be displayed on the periphery of the area where the blasting operations are to be
carried out. Warning signals must precede the actual blasting operation. Smoking should be strictly
prohibited where explosives are stored and while transporting and using explosives for blasting.
Uncoiling of wires and opening out of bare leading wires of electric blasting caps (detonators) should
be strictly prohibited during dust storms.
Workers engaged in hot bituminous work should use protective wares such as boots, gloves,
goggles, helmets etc. Fire extinguishing equipment and first aid kits should be kept at
locations where hot bituminous works are in progress. An adequate traffic control system
should be established when hot bituminous works are carried out on a public road.
All scaffolds should be securely supported and properly strutted or braced to ensure stability. When
any work is being performed above a scaffold platform, protective overhead covering should be
provided for the workers working on the scaffold. No un-insulated electric wires should exist within
3 meters of any working platform, gangway etc. of the scaffold.
Moving parts of all equipment should be provided with guards. Rubber pipe lines for oxygen
and acetylene for gas cutting and welding sets should be periodically checked for damage or
leakage. Leakage of gas from pipe lines or from regulators or torch should be immediately
rectified. Workers engaged in gas cutting and welding operations should wear suitable gloves
and aprons and use proper welding screens.
All lifting tools and tackles should be checked thoroughly before undertaking erection work.
Workers engaged in erection work should wear helmets and use safety belts.
Petroleum products should be separately stored. Smoking and open fires should be strictly
prohibited where such products are stored.

During demolition operations, barricades should be erected around the structure to be demolished and
danger signs displayed around the structure and the doors providing access to it. Entry of unauthorized
persons should be strictly prohibited where the work is in progress. All gas, water, steam and other
service lines must be shut off before the demolition work is started. No demolition work should be
carried out at night.
For safety against fire hazards in buildings, early warning systems should be installed to
detect fire and give fire alarm so as to protect the structure and its occupants. The early
warning system commonly used consists of a smoke detector or heat sensitive detector. All
buildings should be designed to satisfy fire safety requirements as per codal provisions.
With the increase in the number of accidents in the construction industry, it is becoming essential to educate
workers in regard to various safety measures. Towards this end, safety campaigns should be launched at
work sites. A continuing safety education program incorporating the use of print and non-print media will
prove effective in reducing the accident rate. Safety measures must be considered an integral part of the
construction activity itself. This will help in protecting life and property and in reducing the project cost.

QUESTIONS:
8.1 Explain causes of accidents on construction site.
8.2 List items of works prone to severe accidents.
8.3 Describe the safety measures required in excavation to avoid accidents.
8.4 Describe the safety measures and codal requirements for drilling and blasting jobs.
8.5 Explain precautionary measures required to be adopted in hot bituminous works.
8.6 Explain various precautions required to be adopted for scaffolding, ladders and formwork.
8.7 State codal requirements and important safety measures in any demolition work.
8.8 Describe the methods of avoiding fire hazards in buildings during and after construction. List important
IS codes for safety against fire.
8.9 Explain strategy of safety campaigns at work sites.
8.10 Compare causes of accidents on construction jobs.

9. CONSTRUCTION LABOUR
Instructional objectives
After studying this chapter, the learner will be able to:

Appreciate the conditions of construction labour in India;

Describe the two methods of making wage payments to workers;
List important trade unions connected with the construction industry in India and explain the
functions of trade unions;
Explain the Trade Unions Act 1926(as amended in 1987) describing the main rights and liabilities of

registered Trade Unions;

Explain important provisions of the Labour Welfare Fund Act, 1965;
Explain important provisions of payment of the Wages Act, 1936 as amended in 1982;
Explain purpose and main provisions of the Minimum Wages Act, 1948 as amended in 1986.
Explain the Workers compensation Act 1923 as amended in 1984.
Explain the main provisions of the Contract Labour (Regulation and Abolition ) Act 1970 as
amended in 1986.

9.1 STATUS OF CONSTRUCTION LABOUR

The construction industry is one of the largest industries in India and employs about 50 million skilled and
unskilled workers.
Workers in the construction industry are hired as and when required and are retrenched on
completion of the work. Due to the temporary nature of their job, workers remain idle till they find
work at new construction sites. In big construction firms, personnel at the supervisory and
managerial levels are employed on a permanent basis, but they have to move from one project site to
another. Construction labour, however, is hired on temporary basis and leads a migratory life,
working on different sites.
The economic condition of the construction labour is the worst in our country on account of their poor
bargaining power due to lack of unions, illiteracy and the temporary nature of the employment. Basic
amenities like shelter, drinking water, sanitary conveniences etc. are not adequately provided to them at
small construction sites. Nobody cares for the education of their children.
Construction labour is the most disorganized sector in our country and they do not enjoy the facilities
which their counter parts in other industries and organized sectors enjoy. Construction workers have
no job security and are least trained. In many developed countries, there are training institutions to
train workers for particular trades such as mechanics, wiremen, blacksmiths, operators, electricians
etc. Although industrial training institutes have been established in our country, their contribution
towards training of construction labour is not enough. Article 24 of the constitution lays down that no
child below the age of 14 years shall be employed to work in any factory or mine but still we have a
large number of child workers in our country.

9.2 WAGES OF CONSTRUCTION WORKERS

Construction workers are paid very low wages. The net worth of wages is considerably reduced due to
periods of unemployment. There are two methods of making wage payments to labour:
a) Time rate system
b) Piece rate system

9.2.1 TIME RATE SYSTEM

In this system, a suitable rate of payment is fixed per unit of time that labour is engaged on the work. The
unit of time may be hour, day, week, fortnight or month. In India, the rate of payment for casual labour is
determined per day and that of regular employees per month.

9.2.2 PIECE RATE SYSTEM

In this system, payment is based on output or production of workers. Payment is made at the agreed rate for
the actual quantum of work done by each labourer. In this system, a good worker can make more money by
increasing his output.

9.3 TRADE UNIONS CONNECTED WITH CONSTRUCTION INDUSTRY

Trade unions are voluntary groups of workers which are formed with the objective of protecting and
promoting the interest of workers. They have become an integral part of the construction industry and as
such should be recognized and understood. Trade unions have both legal status social approval. Joint
decisions taken by labour unions and management through collective bargaining are widely accepted in
principle. The main functions of trade unions are:
i.

Improving working conditions at site.

9.6 PAYMENT OF WAGES ACT

(ACT NO. IV OF 1936, AS AMENDED BY ACT NO.38 OF 1982)
9.6.1 INTRODUCTION
The payment of Wages Act of 1936 provides the regulation for payment of wages to certain classes of
persons employed in industry anywhere in India. The term wages means all remunerations including
allowances, bonus payable under the terms of employment, water and electricity charges, house rent,
travelling allowance, medical aid, provident fund, gratuity and pension etc. This Act is applicable to
employees having a salary less than Rs.1600 per month. As per this Act, a maximum wage period of one
month is prescribed and payment of wages is required to be made by the 7th of every month for firms
employing less than 1000 employees and by and by the 10th for firms having 1000 or more employees. In
case of termination of an employee by the employer, the wages earned shall be paid before expiry of the
second working day from the date of termination.
9.6.2 DEDUCTIONS
No deductions other than the following may be made from the wages of the workers:
i.

Fines.

ii.

Deductions for damage or loss of goods by the employee.

iii.

Deductions for absence from duty.

iv.

Deduction for house rent.

v.

Deduction of income tax, if any, payable by the employee.

vi.

Deduction for water and electricity charges.

vii.

Deduction for provident fund, insurance and subscription to Government securities.

viii.

Deductions for the payment of advances.

ix.

Deduction made with written authorization of the employee.

9.6.3 APPOINTMENT OF INSPECTORS

The State Government may appoint Inspectors of favorites of factories to inspect the implementation of the
payment of Wages Act and the employer shall provide necessary facilities for inspection. An inspector can
also seize copies of such registers or documents which he considers relevant in respect of an offence
committed by an employer under this act.

9.6.4 SAFEGUARDS AGAINST FINES AND OTHER DEDUCTIONS

The Act also provides the following safeguards in respect of fines and other deductions from workers
salaries:
i.

No fine shall be imposed on any employed person until he has been given an opportunity of showing
cause against the fine.

ii.

No fine shall be imposed on persons below the age of 15 years.

iii.

The total amount of fine which may be imposed on a worker shall not exceed 3 percent of the wages
payable to him.

iv.

The fine money is to be deposited in a separate fund and should be used for the benefit of the employees.

v.

Deductions on account of damages or losses should be made only if it is due to a workers negligence
and shall not exceed the loss incurred by the company.

vi.

Deductions on account of house rent, water, electricity charges, insurance, provident fund and loan
should be duly authorized by the workers.
9.6.5 CLAIMS ARISING AND DEDUCTIONS FROM WAGES
The State Government can appoint a presiding officer of any labour court for the investigation and
settlement of industrial disputes in force in the state or any commissioner for workmens compensation or
any other officer such as a judge of a civil court to hear and decide any claims arising out of deductions from
the wages or delay in payment of wages.
9.6.6 PENALTY FOR OFFENCES UNDER THE ACT
i.

Whosoever found responsible for the payment of wages to an employed person contravenes any of
the provisions of this Act, shall be punished with a fine not less than Rs.200 and which may extend
to Rs.1000.

ii.

If any person fails to pay the wages of an employed person by the date fixed by the authority in this
behalf, he shall be punishable with a fine which may extend to Rs.100 for each day for which such
failure or neglect continues.

iii.

If any person who has been convicted of any offense punishable under this Act is again found guilty
of an offence involving contravention of the same provision, he shall be punishable with
imprisonment for not less than one month but which may extend to six months and with fine not less
than Rs.500 but which may extend to Rs.3000.

The payment of wages Act is subjected to certain amendments from time to time by various State
Governments and hence the provisions of the Act may vary from state to state.
9.7 MINIMUM WAGES ACT, 1948
(ACT NO.XI OF 1948, AS AMENDED UPTO ACT NO.61 OF 1986)

9.7.1 INTRODUCTION
The Minimum Wages Act of 1948 was passed for fixing the minimum rate of wages of labour in certain
employments keeping in mind the welfare of workers. In a developing country like India, the problem of
unemployment is acute and there is every likelihood that labour may offer to work even on starvation wages.
This Act makes provisions for the statutory fixation of a minimum rate of wages in a number of industries
where there are chances of exploitation of labour. This Act is applied by notification of the central
Government or their advisory representative Bodies approved by official Gazette notifications.
9.7.2 PROVISIONS
The main provisions of the minimum Wages Act are as follows:
i.

Different minimum rates of wages may be fixed for:

a) Different classes of work in the same scheduled employment.
b) Adults, children and apprenticeship
c) Different states and different localities.

ii.

In fixing minimum rates of wages, advisory committees are setup which collect detailed information
such as the cost of living index on which the minimum wage is based.

iii.

If an employee is employed on any day for a period less than the required number of hours constituting a
normal working day by the employer, he shall be entitled to receive a full days salary except when the
employee is unwilling to work for the full period.

iv.

The minimum wages under this Act shall be paid in cash to the employees with due notification.

v.

Every employer shall maintain a register indicating particulars of employees, wages paid to them and
receipts given to them etc.

vi.

The appropriate Government may employ suitable persons as Inspectors for the purposes of this Act.

vii.

The wages of an employee should be paid without any deductions except for the following;
a) Absence from duty.
b) Loss of goods / money directly related to neglect / fault of the employee.
c) House rent, water and electricity charges.
d) Income tax and life / group insurance premium.
e) Recovery of advances.
f) Deductions ordered by the court.
g) Fines for acts of commission.

9.8 WORKMENS COMPENSATION ACT, 1923

(ACT NO.VII OF 1923, AS AMENDED BY AMENDMENT ACT, 1984)
9.8.1 Provisions:

The workmens compensation Act of 1923 provides for payment of compensation to workmen for injury by
accidents sustained during the course of employment.
This Act covers workers employed in hazardous jobs but does not include clerical and administrative staff.
The Act provides for payment of compensation to the worker in case of accidents occurring at the work site.
However, the employer is not required to pay the compensation if the injuries are due to:
i.

Negligence on the part of a worker by willful disobedience of safety and security regulations;

ii.

Non-observance of safety measures and not using safety guards;

iii.

Influence of liquor or drugs;

iv.

Diseases which are not caused as a result of working on the job.

9.8.2 CAUSES OF ACCIDENTS

Accidents may result due to:
i.

Mechanical breakdown, absence or failure of safety devices, live electrical wires, faulty lifting and
transporting equipment, unsafe scaffolding and shuttering etc.

ii.

Human causes such as poor eye sight, fatigue, carelessness and effect of intoxicants.

iii.

Environmental factors such as inadequate working space, poor lighting and ventilation etc.

9.8.3 AMOUNT OF COMPENSATION

As per the provisions of the Act, the amount of compensation shall be as follows:
i.

Where death results from injury, the amount of compensation is 40 percent of the monthly wages of the
deceased workman multiplied by the relevant factor or an amount of Rs.20, 000 whichever is more.

ii.

Where permanent total disablement results from the injury, the amount of compensation is 50 percent of
monthly wages of the injured workman multiplied by the relevant factor or an amount of Rs.24, 000
whichever is more.
The relevant factor in relation to a workman means the factor specified in the second column of
schedule iv against the entry in the first column of that schedule specifying the number of years which
are the same as the completed years of the age of the workman on his last birthday immediately
preceding the date on which the compensation fell due.
Where the monthly wages of a workman exceed Rs.1000 his monthly wages for (i)and (ii)above shall be
deemed to be Rs.1000 only.
Table 9.1: Relevant Factors for selected completed years of age for Determining compensation for
permanent disablement and death.

Completed years of age on last birthday of the workman immediately preceding the date on which
compensation fell due
16
20
25
30
35
40
45
50
55
60
65(and
more)
Relevan 228.5 224.0 216.9 207.9 197.0 184.1 169.4 153.0 135.5 117.4 99.37
t factor
4
0
1
8
6
7
1
9
6

iii.

Where permanent, partial disablement results from injury, the amount of compensation is the percentage
of loss of earning capacity caused by that injury (as assessed by a qualified medical practitioner).
Table 9.2 gives the description of some of the injuries and the percentage loss of earning capacity.

iv.

Where temporary disablement results from injury, the amount of compensation is half-monthly payment
of the sum equivalent to 25 percent of monthly wages of the workman.
Table 9.2: Percent loss of earning capacity due to injury

Sr.no
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20

Description of injury
percentage loss of earning capacity
loss of both hands or amputation at higher sites
100
loss of a hand and a foot
100
absolute deafness
100
amputation of shoulder joint
90
amputation at hip
90
loss of a hand or of the thumb and fore-fingers of one hand
60
amputation below middle thigh
60
loss of four fingers of one hand
50
loss of thumb and its metacarpal bone
40
loss of three fingers of one hand
30
amputation of one foot
30
loss of thumb
30
loss of vision of one eye
30
loss of two fingers of one hand
20
loss of all toes of one foot
20
loss of index finger (whole)
14
loss of big toe
14
loss of middle finger (whole)
12
loss of ring or little finger (whole)
7
loss of a toe (other than big toe)
3

Extracted from schedule I, part I and part II of the workmens compensation Act, 1923.
9.8.4 MEDICAL EXAMINATION
i.

When a workman has given notice of an accident, he shall offer himself to be examined free of charge
by a qualified medical practitioner before the expiry of 3 days from the time at which the notice has been
issued.

ii.

If a workman refuses to submit himself for examination by a qualified medical practitioner, his right to
compensation shall be suspended.

iii.

If a workman dies without having been medically examined, the payment of compensation can be
claimed by the dependents of deceased workman.
9.8.5 APPOINTMENT OF COMMISSIONERS
The act provides for the appointment of commissioners for resolving disputes arising out of claims for
compensation. All payments of compensation are made through the commissioner. Every commissioner
shall be deemed to be a public servant within the meaning of the Indian Penal Code.
9.9 CONTRACT LABOUR (REGULATION AND ABOLITION) ACT, 1970
(NO.37 OF 1970, AS AMENDED VIDE NO.14 OF 1986)

9.9.1 INTRODUCTION
The contract labour (regulation and abolition) Act of 1970 was enacted with the object of regulating the
employment of contract labour in certain establishments and providing for abolition of contract labour under
certain circumstances. The Act incorporates provisions for improving the condition of contract labour. The
Act is of special importance to construction industry wherein works are generally executed on contract basis
involving contract labour.
The Act is applicable to every establishment wherein twenty or more workmen are employed to
perform skilled or unskilled work on any day of the preceding twelve months. This Act does not apply to
establishments in which work is only of a casual or intermittent nature. The work performed in an
establishment shall not deemed to be of an intermittent nature:
a) If work is performed for more than 120 days in the preceding 12 months;
Or
b) If work is of a seasonal nature and is performed for more than 60 days in a year.
9.9.2 PROVISIONS
The main provisions of the Act are given below:
i.

Constitution of central Advisory board: The Act provides for setting up of a Central Advisory Contract
Labour Board to advise the Central Government on matters arising out of the administration of the Act
and to carry out other functions assigned to it under the Act. The Act also provides for the constitution of
a state Advisory Contract Labour Board in each state for advising the state Government on matters
relating to the Act.
The central board shall consist of:
a) Chairman to be appointed by the Central Government
b) Chief labour commission
c) The number of persons, not exceeding seventeen but not less than eleven, to be appointed as members by
the central Government.

ii.

Registration of establishments: Every principal employer of an establishment covered under the Act is
required to submit an application on the prescribed form to the registering officer to have the
establishment registered. If the application is complete in all respects, the registering officer shall
register the establishment and issue a certificate of registration to the principal employer.

iii.

Licensing of contractors: A license is required to be obtained by every contractor executing any work
through contract labour from the licensing officer. The license is issued to the contractor on payment of
the prescribed fees subject to the conditions of hours of work, fixation of wages and essential amenities
for contract labour.

iv.

Welfare and health of contract labour: Facilities mentioned below are to be provided under this Act to
contract labour for their health and welfare.

a) In the case of works expected to continue for certain prescribed periods, the contractor should provide
rest-rooms for the contract labour. These rest-rooms should be properly lighted and ventilated and must

be at a convenient distance from the work place with adequate water supply and sanitary facilities.
Separate rest-rooms should be provided for women.
b) First-aid facilities should be made available to contract labour for treatment of ordinary wounds and
burns.
c) Washing facilities are also to be provided for contract labour.
v.

Responsibility for payment of wages: A contractor is responsible for the payment of wages to each
worker employed by him as contract labour. If the contractor fails to make payment of wages to the
workers within the prescribed period, the principal employer has to make payment of wages to the
contract labour and recover the amount so paid from the contractors bill.

9.10 SUMMARY
The construction industry in India employs about 50 millions skilled and unskilled workers. The workers are
hired as and when required and are retrenched on completion of the work. Construction labour leads a
migratory life working on different sites. The economic conditions of construction labour is the worst an
account of their poor bargaining power, illiteracy and the temporary nature of their employment.
Construction workers have no job security and are least trained. Although industrial training institutes have
been set up in our country, their contribution towards training of construction workers is not enough.
Construction workers are paid very low wages. There are two methods of making wage payment
to labour, namely the time rate system and the piece rate system. In the time rate system, a suitable rate of
payment is fixed per unit of time for which labour is engaged on the work. In the piece rate system, payment
is based on output or production of the work. In this system, payment is made at the agreed rate for the
actual quantum of work carried out by each labourer.
A number of trade unions are connected with the construction industry. These trade unions include the
following:

All India Trade Union Congress (AITUC)

Indian National Trade Union Congress (INTUC)

Bhartiya Mazdoor Sangh (BMS)

United Trade Union Congress (UTUC)

Hind Mazdoor Sabha (HMS)

Centre of Indian Trade Unions (CITU)

The Trade Unions Act of 1926, as amended in 1987, conferred a legal and corporate status on registered
trade unions and in certain respects defines the law relating to trade unions. This Act specifies certain
activities as unfair practices on the part of recognized unions and certain other activities as unfair on the part
of the employers.
The labour Welfare Fund Act of 1965 was enacted to provide for the constitution of a fund to finance
activities for promoting welfare of labour and for conducting such activities. The labour welfare Fund
Comprises of all fines realized from employees, unpaid wages of the workers including gratuity, bonus etc.,
grants and loans towards the fund and voluntary donations. The fund is used to carry on various activities
conducive to the welfare of labour.

The payment of wages Act of 1936, as amended in 1982, provides the regulation for
payment of wages to certain classes of persons employed in industry anywhere in India. The Act is
applicable to employees having a salary less than RS.1600 per month.
The Minimum Wages Act of 1948, as amended in 1986, was passed for fixing the minimum
rate of wages of labour in certain employments keeping in mind the welfare of workers. There is every
likelihood that construction labour may offer to work even on starvation wages because of the acute problem
of unemployment in our country. This Act makes provisions for the statutory fixation of a minimum rate of
wages in a number of industries where there are chances of exploitation of labour.
The workmens compensation Act of 1923, as amended in 1948, provides for payment of
compensation to workmen for injury by accidents sustained during the course of unemployment. The Act
covers workers employed in hazardous jobs but does not include clerical and administrative staff.
The contract labour (Regulations and Abolition) Act of 1970, as amended in 1986, was
enacted with the object of regulating the employment of contract labour in certain establishments and
providing for abolition of contract labour in certain circumstances. The Act incorporates provisions for
improving the condition of contract labour. The Act is of special importance to the construction industry
wherein works are generally executed on contract basis involving contract labour.