Project

Study on Construction Labor

In
Hyderabad

Submitted By;
Chandrakant Awasthi
Mithilesh Kr. Lala
Satnam Singh
Vivek Mittal
Introduction
The National Sample Survey Organisation (NSSO) carried out a sample survey
in 1999-2000 and its results showed that out of total workforce of 397 million,
only 28 million workers are employed in the organised sector and remaining in
the unorganised sector. It reveals that over a decade, the employment in the
organised sector has been almost stagnant or slightly declined.

In the light of definition of informal sector encompassing private unincorporated

enterprises as mentioned above, NSS 55th round, 1999-2000 also covered non-
agricultural enterprises in the informal sector in India. As per survey, there were
44.35 million enterprises and 79.71 million workers employed thereof in the non-
agricultural informal sector of the economy. Among these 25.01 million
enterprises employing 39.74 million workers were in rural areas whereas 19.34
million enterprises with 39.97 million workers in the urban area.

Among the workers engaged in the informal sector, 70.21 million are full time and
9.5 million part times. Percentage of female workers to the total workers is 20.2
percent.

Sector wise Estimates of GDP in the Informal Sector

GDP Estimate
Sector Total Unorganized Informal
Sector Sector
Agriculture 454061 440128 440128
Mining 41594 3494 3494
Manufacturing 289014 94859 73990
Electricity, gas and water supply 44732 2773 2773
Construction 105149 61197 61197
Trade 239144 204199 193989
Hotels and Restaurants 23013 16709 15038
Transport and Storage 104305 67675 60231
Post and Telecommunication 28447 4371 3672
Financial Intermediation and 105662 10038 8231
Insurance
Real Estimate, Renting and 127758 108055 90766
Business Services
Public administration and 119671 0 0
Defence
Other Services 146123 60314 53076
Total 1828673 1073812 1006585
The construction industry is an essential contributor to the process of
development. Roads, dams, irrigation works, school, house, hospitals, factories
and other construction works are the physical foundation on which development
efforts and improving living standards are established. The products of the
construction industry are investment or capital goods. Thus construction industry
has linkage with rest of the economy in terms of generation of output and
employment.

The two broad categories of construction projects are building and civil
engineering. Building applies to projects involving houses, offices, shops,
factories, schools, hospitals, power plants, railway stations and so on. Civil
engineering applies to all the other built structures in our environments, including
roads, tunnels, bridges, railways, dams, canals and docks.

Estimates of GDP in Informal Sector by using Labour Input method

Sector GDP Estimate

(Rs.Crore)
Agriculture 440128
Mining 3494
Manufacturing 45983
Electricity, gas and water supply 2773
Construction 61197
Trade 97499
Hotels and Restaurants 8937
Transport and Storage 28240
Post and Telecommunication 1075
Financial Intermediation and Insurance 2151
Real Estimate, Renting and Business Services 7343
Public administration and Defence 0
Other Services 21191
Total 720011

In the context of liberalization, of the Indian economy, domestic and foreign

investment is likely to flow in various infrastructure projects in a big way and
construction activity is likely to boom in the country in the next ten years to come.
FDI is expected to touch 150 Billion US$ in next ten years.

The construction industry, which is a labor intensive, generates demand for

skilled and semi-skilled labor force. The employment in construction sector is
expected to touch 40 Million by the year 2007. This work force shall comprise 55
% of unskilled labor, 27% skilled labor and rest the technical and support staff.

Though India has the human resource, it requires training in various skills for
absorption in the construction industry. The work force in construction sector is
most vulnerable because employment is permanently temporary, the employer
and employee relationship is very fragile and most of the time short-lived, the
work has inherent risk to life and limb due to lack of safety, health and welfare
facilities, coupled with uncertain working hours.

Construction labor form 7.5% of the world labor force and contributes to 16.4% of
fatal global occupational accidents. In India it is the largest economic activity
after agriculture, Health and Safety most neglected sector and accident and
occupational disease statistic not accurately available.

The construction industry is not only the process of building. It involves many
other type of aside from the building process, such as painting, landscaping,
electrical supply, telecommunications, plastering and paving. All these types of
work make up one industry, but each of them involves different exposure and
thus differing health hazards.

Construction workers are exposed to a wide variety of health hazards at work.

The exposure differs from job to job. He work-related diseases form 5% to 20%
of the work force. The hazards for construction workers are typically as follows:

1. Physical hazards and mechanical injuries and outcome, like injuries, exposure
to noise and vibration, extreme heat or cold, work in windy, rainy, snowy or foggy
weather, non-ionizing ultraviolet radiation usually from exposure to the sun and
electric arc welding.

2. Chemical hazards such as dusts, fume, mists, vapors or gases. The biggest
risk the construction work force is Silicosis and asbestosis.

3. Economic issues and degenerative disorders

4. Biological hazards and Environmental diseases - Workers are at risk of

malaria, dengue, animal attacks and histoplasmosis (a lung infection caused by
a common soil fungus) and other diseases due to poor sanitation and unsafe
drinking water.
5. Psycho social hazards- Employment is permanently temporary, frequently
changing employer and most projects require living in work camps away from
one’s home and family. There are no recreational facilities, lack of access to
education for children, poor sanitary facilities and lack of safe drinking water.
These features of construction work, as well as heavy workload, possibility of
work place violence or community violence and limited social support are the
factors associated with increase stress in the work force.

The associated addictions with alcohol, tobacco and smoking contribute to illness
and suffering.

In India there are about four million workers in the construction industry. Of
these, female workers represent a small, unknown number, but now they are
increasingly working in urban projects. The problems of women worker is still not
addressed adequately both by law makers and the employer. There is urgent
need to bring legislative stability to employment status, risk reduction by onsite
safety management and imparting training and skill development as demanded
by the type of construction sector, health protection and promotion through
preventive vaccination and family welfare programs.

It is desirable that adequate staffing and strengthening of regulatory agency,

coupled with environmental risk assessment studies and regular construction site
audits shall safe guard the interests of construction worker in our back from
NGO, National Safety Council, IAOH, Research institutes and other global
networking partners and institute mid course correction policies from time to time.

In conclusion, the government and all stake holders connected with construction
industry must aim at accident prevention (save life and save limb), health
protection and psycho-social health, education, training and skill development,
must strengthen legal machinery and increase public awareness on OHS
legislation and standards and scope for applied research and development.
Study area and methodology

The study used both primary and secondary data. We reviewed relevant
literature using both academic and non-academic sources. A search was
undertaken within library of NIRD and documentation centres of organizations
focusing on the construction sector. The information gathered provided a good
base for raising research questions, and finalising the research instrument.

The primary data was collected in the capital city of Andhra pradesh, Hyderabad
between May 15 to June 7, 2010. The primary data was collected in three
phases: a scoping exercise aimed at gathering basic information on issues of
investigation, the main survey of 80 workers which researched issues relating to
employment within the construction sector, and a follow-up survey to probe the
specific issue related to risk involved in their livelihood and as in general.

Study area

Hyderabad, the capital city of Andhra Pradesh consists of the twin cities of
Hyderabad and Secunderabad and is a bustling 400-year-old metropolis with an
urban population of 6 million people approximately. Hyderabad is famous as the
former seat of the fabulously wealthy Nizams of Hyderabad. Built on the banks of
the river Musi, and surrounded by huge prehistoric rock formations like petrified,
gray elephants, Hyderabad is a blend of the fairy tale and earthy, a pot pourri of
old and new.

Hyderabad is the fifth largest cosmopolitan city in India, rich in culture, enduring
history and industrial growth. It is unique in being one of the few cities where
tradition and technology co-exist. With a dynamic leadership, the state is steering
the nation to new dimensions in the fields of Information Technology,
Biotechnology, Pharmaceuticals, and Business Management to emerge as a city
of immense business opportunities.

The total population of the district according to 2001 Census is 38,29,753which is

purely urbanized. The decennial growth rate (1991-2001) is 21.74 percent
against the growth rate of 14.59 percent for the state. The density of population
in the district is 19,149. The sex ratio in the district is 945 females per 1000
males among the total population only. The population consists of 29.24 percent
Total workers.A large percentage of people are living by Non-agricultural
occupation covering mostly urban trades, construction and industrial fields.

The new international airport scheduled to be ready by 2008 along with fabcity,
the outer ring road with satellite townships and the proposed mass rapid transit
system will usurp Hyderabad as the most sought out destination for real estate
developers. Therefore there is ample demand of construction workers to meet
the real estate boom.

Methodology

The first phase of the field research, the scoping exercise, was conducted during
the month of April 2010 by the group. During this phase, the group developed a
checklist of questions to be raised and discussed with lead persons in various
construction sites within the city. The questions included the following: type of
project, materials in use, tools in use, persons employed, terms of employment,
health safety and risk involved at different levels.

The aim of the scoping exercise was to gather relevant information for
developing and raising questions on the various risk involved in the lives of
construction workers in Hyderabad. The output of the scoping exercise was
analysed by the group. The exercise was useful in identifying sites within the city,
where construction work was ongoing, the general nature of the sector, and for
deciding which specific sites the main survey would focus on.

At the end of the exercise one of the sites, Attapur Road and surrounding
suburbs, was purposively sampled for a detailed survey using a standard
questionnaire. The questionnaire was administered in interviews with the
workers. It is presented in Appendix

Sampling

The study limited itself to purposive sampling. Although the scoping exercise
covered a number of sites within the city of Hyderabad, the main survey focused
on Attapur and surrounding areas. This was for a number of reasons. Among the
10 areas covered during the scoping exercise, Attapur was found to have the
most vibrant construction sector. At the same time, the scoping exercise revealed
that there were a number of incomplete construction projects within Attapur,
which attracted the interest of the group.

At study site level, the group used a non-systematic approach in locating specific
construction sites. This involved transect walk across the residential area looking
for active construction sites. This was after the failure to develop a sampling
frame due to many non-active sites. Since the concern of the survey was to
gather information on the construction labour force, the non-systematic approach
used in locating sites within Attapur was found to be adequate.

Within the sample of active construction sites in Attapur and surrounding areas, a
total of 80 respondents were interviewed. These respondents were mainly
working on projects developing flats and commercial cum residential buildings.
This is largely due to the nature of development in Attapur and surrounding areas
- high-rise low income residential development.
The respondents interviewed were mainly identified by foremen/owners of
development. This was because most of those in charge of the sites were
suspicious of the intentions of the study. Information gathered through
questionnaires was supplemented with the key informant interviews conducted
during the scoping exercise.

Data analysis

Data was analysed using both content analysis and Statistical Package for Social
Science (SPSS) analysis. In applying content analysis, a ten-column matrix
based on information gathered using a checklist of issues was developed. The
columns included information on the following: sample number and zone of
project, persons employed, terms of employment, health and safety, and
productivity. This grouping made information accessible for analysing issues of
concern to this study.

The Statistical Package for Social Science (SPSS) was applied in processing
information gathered using questionnaires. All of the information gathered during
the survey was entered into the computer package. Once entry was complete,
frequency distributions for all variables were generated to enable basic
understanding and analysis. Further grouping and analysis of variables was also
done using the same package.

Limitations of the study

The construction sector is large and dynamic and a small survey covering a
single area within one urban centre obviously has limitations. Consequently, this
study should be viewed as a pilot study of employment within the urban
construction sector. It cannot be taken to be representative of the construction
sector or the country as a whole.

The study is located within an urban context, which is quite different from the
rural set up. At the same time, the survey covered developments at the lowest
end of the market. It is possible that the scenario in upmarket areas with large-
scale constructors may be quite different.

On the other hand, the sample of individuals selected for interview (generally by
the site foreman) was clearly biased towards skilled workers. Three quarters of
those interviewed regarded themselves as skilled. Only 20 per cent considered
themselves unskilled. Hence unskilled workers were not represented in
proportion to their presence in the industry as a whole, as revealed in the
scooping exercise. Other limitations included sampling procedure.
Bio-data of respondents

The construction sector in Hyderabad accommodates men of diverse age,

education and training. The survey found that while the youngest construction
worker was only 21 years old, the eldest was 63. But in general the sector
accommodates a comparatively young workforce with a majority being below 45
years of age, as shown in figure.

Education
Forty-three per cent of the construction workers interviewed had only primary
education. The other 15 per cent had some senior secondary education, with 32
percent respondent reporting not having gone to school and around 10 percent
attended secondary education.

Although a high percentage had primary education, the study did not probe the
quality of the primary level education. It is possible that a number of them
dropped out of schooling.

Education

35
30
25
20
15
10
5
0

higher secondary
secondary
primary
no education
Skills and Training

The majority (60 per cent) of construction workers in the sample were skilled, 20
per cent semi-skilled, while 20 per cent said they had no skills. This means that
the sample was biased towards skilled workers. The majority of the skilled
tradesmen were masons, painters, plumbers or carpenters of grade two. Most
gained their skills through apprenticeship, largely trained by people belonging to
their own ethnic group. Such individuals are relatives, friends, or people known
through different informal networks.

skill level

unskilled

semi-skilled

skilled

0 10 20 30 40 50

skilled semi-skilled unskilled

Series1 48 16 16

Working conditions and environment

The study revealed that the working conditions within the informal construction
system are generally poor. This is mainly due to the large pool of unemployed
construction workers who are more concerned about getting a job than the
working conditions and inherent benefits.

Workers’ views of work in construction

In assessing the nature of work, the most recurring response was that it is
tedious and tiresome (44 per cent) or risky and dangerous (10 per cent), as
shown in figure. Others (13 per cent) said it was fine since the respondents had
the required skills.
 Worker's view

11%

36%
tedious & tiresome
risky and dangerous
fine

53%

Although work within the construction sector is considered tedious and tiresome,
the majority of informal construction workers had been working within the sector
for more than one year. Table shows that a significant percentage had worked
within the sector for over five years and 15 per cent for over 20 years. This
shows that construction workers are not a transient population. In spite of the
difficulties they continue to work within the industry.

Duration of work in construction

Number of years frequency

<1 8
1 to 5 12
5 to 10 26
10 to 15 18
15 to 20 7
20 to 25 9
>25 3
total 80
 Duration of work

4% 10% <1
11%
1 to 5
14%
8% 5 to 10
10 to 15
15 to 20
22%
20 to 25
31%
>25

A total of 70 per cent of the respondents rate working conditions as ranging from
average (33 per cent) to very poor (37 per cent), as reflected in figure. The
reasons for this assessment included that the job is risky in terms of health and
safety requirements and poor pay, which is not commensurate with effort. Some
respondents also observed that there was intense competition, lack of job
security with workers having no rights. It is interesting to note that most of the 27
percent who rated working conditions as good, did so because they claimed that
after having been in the industry for long they had adopted to its harsh working
conditions, generally accepting the poor working conditions as unavoidable.

Working condition
40%
30%
20%
10%
0%

Very poor
Poor
Average
Good
Very good

Very poor Poor Average Good Very good

Series1 1% 37% 33% 27% 2%

Almost half of respondents said that they would not encourage their
children/friends to join the industry due to the unfavorable working conditions,
while the other half said they would encourage them due to lack of other
economic opportunities.

The latter position should be understood within the context of reducing

employment opportunities in the country and the large pool of labour waiting to
be deployed within any sector of the economy.

Hours of work

Most employees of the construction sector (82 per cent) said they work for eight
or more hours. Only two respondents indicated they work for less. Fifteen per
cent of respondents said they work for more than eight hours: most of these work
for nine hours but one works for ten and another for 12 hours. Those working for
more than eight hours begin work at 7 a.m. instead of 8 a.m.

Sometimes the workers increase the hours worked per day, particularly when
they were carrying out certain tasks that have to be finished on the same day, for
example concreting. Where payment is for a particular task, the worker leaves
immediately the task is completed irrespective of the time.

Health and safety

The study found that the safety of employees was not catered for in most
informal construction sites. A total of 96 per cent of the sites did not have safety
measures of any kind in place and only 9 per cent had protective clothing.

Regulations No. of responses in percentage

Workers must be cautious and alert 42

Workers to provide own protective 20

clothing
Individuals under influence of drugs 14
and alcohol not allowed on site
Removal of any loose/sharp objects on- 9
site
Workers to seek support when doing 5
heavy work
Workers to place warning signs when 4
working on dangerous areas
Workers to seek foreman’s permission 3
before using Equipment
Keep time to avoid rushing over work 1.5
Report promptly any injury or accident 1.5
Total 100
Responses from 80 construction workers to questions on health and safety
regulations are presented in table. The responses indicate that safety measures
on-site are not adequate. They are limited to cautioning workers to be alert and
not to come to work while drunk or under the influence of drugs. The cautionary
measures the workers are required to take include handling tools with care,
avoiding steep and open spaces, using ladders carefully, and ensuring utmost
concentration and alertness. Although these cautions are the major safety
measures on-site, they are verbal and are hardly enforced.

The study further reveals that two-thirds of workers believe that they are
responsible for their own safety on-site. This view is supported by the fact that
workers have to provide their own protective clothing. Also, when workers are
injured or hurt on-site nobody follows it up to ensure that they receive proper care
and treatment. The burden of care is borne by the workers and their families
alone. This is problematic since construction workers do not have insurance
cover or workmen’s compensation.

The respondents also specified some of the health hazards they have
experienced within construction sites. The hazards included: pricking/poking by
nails or other sharp objects, falling objects, dust and litter as the most significant
health hazards on the sites of work as reflected in table. These hazards were
immediate and physically visible. The construction workers do not seem to be
sensitive to other hazards such as noise, exposure to chemicals, poor lighting
and lack of sanitary facilities. They seem to consider the lack of facilities as a
character of their working environment, which they can neither change nor
protect themselves against.

Health hazards on construction sites

Hazard No. of responses in %

Pricking/poking by sharp objects 34

Dust from cement, lead oxide and white lime wash 22
Falling objects 17
Littered workplace 6
Open live electrical cables 6
Falling from high open spaces 2
Weak wall, especially before reinforcement 3
Lack of canopy to protect workers when they are 3
working
Flammable materials such as thinner and turpentine 2
Weak climbing equipment and materials 2
Slipping from a ladder 1.5
Poor Ventilation 1.5
Total 100
Most informal sector workers do not have access to medical facilities and there is
nobody to vet their fitness for work. If they are sick they pull off work and stay at
home and recuperate for about seven days and get back to work as their health
improves. While sick, they do not earn any income since they are entitled to
neither sick leave nor medical cover. They therefore tend to return to work as
soon as they can get out of bed. Discussions with the respondents revealed that
victims only go to hospitals when the accidents are quite serious.

The health and safety problems informal construction workers face could be
attributed to lack of information, education and health monitoring system on
conditions of work within construction sites. This calls for sensitization of workers
on various hazards and means of prevention. However, our findings show that
some workers are well informed on the measures that should be taken to
improve safety and health standards on sites.

This includes the use of protective clothing, setting and enforcing regulations,
sensitization on the hazards, and random inspections by authorities. The workers
however feel helpless in lobbying relevant authorities to implement health and
safety requirements. This is partly due to lack of organization among construction
workers, and the fear of dismissal if they engage in advocacy. This is largely
because most of the informal construction workers do not have any unions or
associations, which play the role of advocacy and policy influence as discussed
in the following subsection.

When asked about their accessibility/availability to food items, health items and
drinking water, they responded in

Issues responses Availability of food Availability of health Availability of

items items Drinking Water
Good 72 7 9

Average 8 52 29

Poor 0 21 42
Present risk coping mechanism: -
1. Physical / Mechanical: -

Since the construction work is related with machines and hard material
also the wok sites are at different heights, so the construction workers
and their union is always concerned about mechanical risk coping. The
construction workers at study sites were coping this risk by working on the
same component which requires the skill they were already having.
Sometimes they acquire the skills while working on the site under the
supervision of some specialist to reduce physical risks.

The erection, installation, use and maintenance of hoists, lifting appliances

and lifting gear including periodical testing and examination and heat
treatment where necessary, precautions to be taken while raising or
lowering loads, restrictions on carriage of persons and appointment of
competent persons on hoists or other lifting appliances.

The adequate and suitable lighting of every workplace and approach

thereto, of every place where raising or lowering operations with the use of
hoists, lifting appliances or lifting gears are in progress and of all openings
dangerous to building workers employed.

The safeguarding of machinery including the fencing of every fly-wheel

and every moving part of prime mover and every part of transmission or
other machinery, unless it is in such a position or of such construction as
to be safe to every worker working only of the operations and as if it were
securely fenced.

2. Educational: -

Most of the workers interviewed were of the age group of 18 – 30 years.

The highest qualification which they were having was middle class. All the
construction workers who were interviewed were dropouts from the
school. Since the working hours are generally 6 AM to 6 PM so even if
sum of them were willing to continue their education but they are not able
to continue.

To cope with these risks they use to migrate and work in groups and there
is a possibility of being one or two members with higher education so that
their rights should not be violated. Construction workers union also help
 them to mitigate the risk related with low education level. Since most of
the responses from construction labour show that they have to change the
cities and the work sites more than once in a year, so the education of
their children is at higher risk. To reduce this risk they prefer to work in
same city for one or more than one year and they use to keep their
children at their native place with other family members.

3. Economic: -

The construction labour force employed at private construction site is

mainly from other states, so there are chances to be economically
exploited. To reduce these economic risks there are construction labour
unions which help them and they seek help from government’s boards and
various departments. They come to the work sites through any contractor
or any middle man who is resident of their native state. Such middle men
are supposed to be more concerned about the economic rights of the
construction labour of same state.

4. Biological: -

At the construction sites labours are prone to the health hazards. To

reduce their biological risk government is equipping them with regulations
and other safety measures. In every establishment wherein five hundred
or more building workers are ordinarily employed, the employer shall
constitute a Safety Committee consisting of such number of
representatives of the employer and the building workers as may be
prescribed by the State Government:

In every establishment the employer shall also appoint a safety officer

who shall possess such qualifications and perform such duties as may be
prescribed.

Where in any establishment an accident occurs which causes death or

which causes any bodily injury by reason of which the person injured is
prevented from working for a period of forty-eight hours or more
immediately following the accident, or which is of such a nature as may be
prescribed, the employer shall give notice thereof to such authority, in
such form and within such time as may be prescribed.
 The appropriate Government may, by notification, make rules regarding
the measures to be taken for the safety and health of building workers in
the course of their employment and the equipment and appliances
necessary to be provided to them for ensuring their safety, health and
protection, during such employment.

The precautions to be taken to prevent inhalation of dust, fumes. gases or

vapours during any grinding, cleaning, spraying or manipulation of only
material and steps to be taken to secure and maintain adequate
ventilation of every working place or confined Space.

Any person who is deaf or who has detective vision or who has a
tendency to giddiness is not required or allowed to work in any such
operation of building or other construction work which is likely to involve
risk of an accidents.

5. Psycho- sociological: -

At the construction site visited by the study group it is found that the
labours at a site were from same village or same district or same state.
They move in such groups so that they are able to reduce their Psycho-
sociological risks. When they are far away from their native state, they
usually avoid roaming in public places so that they can reduce the risk of
regional discrimination. At the construction sites in Hyderabad it was found
that the labour from Orissa and Bihar use to work on Sunday and other
holidays instead of going for entertainment. To improve their living and
working conditions government is making the employer to provide basic
facilities which in turn mitigates the risk related to Psycho- sociological
issues.

Government has been empowered to fix the number of hours of work for a
building worker, to provide for day of rest in every period of 7 days and for
the payment of remuneration in respect of such days of rest, to provide for
payment of work on a day of rest at a rate not less than the overtime rate.

If any building worker is required to work on any day in excess of tile

number of hours constituting a normal working day, he is entitled to wages
at the rate of twice his ordinary rate of wages.
The employer shall provide, free of charges and within the work site or as
near to it as may be possible temporary living accommodation to all
building workers employed by him for such period as the building or other
construction work is in progress.

The temporary accommodation provided, shall have separate cooking

place bathing, washing and lavatory facilities

As soon as may be, after the building or other construction work is over,
the employer shall, at his own cost, cause removal or demolition of the
temporary structures erected by him for the purpose of providing living
accommodation cooking place or other facilities to the building workers as
required and restore the ground in good level and clean condition.
 Plan to reduce the risk of construction labour.
Objective: - Organising awareness programme about regulation by government.
Organising ten programmes per month at construction sites.
Making government department’s visit frequently at construction
sites.
Mission: -
Improving the living and working condition of construction labour in Hyderabad
city.
Goal: -
Making construction labour aware about their rights, so that they can work
according to regulations and improve their earnings and reduce the risk.
Activity: -
Identifying the private and government sites in Hyderabad city.
Identifying the risk related to construction workers.
Contacting a resource persons like lawyers, construction worker
union leaders.
Budget: - Number of private sites = 120
Number of Govt. Sites = 36
Cost of one programme ----
Ceiling, chairs = 5000
Resource person = 5000
Refreshment = 1200
Other Costs = 2500
Total cost = 13700 X 156 = 2137200
HR required: - One event Manager
One Accountant
Five Field Staff
Time required: - 18 Months
Benefits: - These awareness programmes would ensure the economic, health,
physical and psycho – sociological risk reduction by 60%. The living condition of
construction labour in Hyderabad city would be improved and the difference of
private and Government Construction sites would be minimised.
Appendix 1

Questionnaire for Construction Labour

1. Name of Respondent .....................................................

2. Address of the respondent

Village/Town............................
Mandal.....................................
District......................................

3. Age of the respondent

<18 years 18-35 years 35-50 years 50-65 years >65

years

4. Gender
Male Female

5. Caste

SC ST OBC Others (Please

specify).....................

6. Education

None Primary Middle Secondary

Certificate Diploma Others

7. No of members in family ................................

No of dependents ............................................

8. Family Income/Month (In Rs)

<1500 1500-3000 3000-6000 >6000

9. Land Ownership Yes No
If Yes, Then How Much

<2 Acre 2-5 Acre >5 Acre

Average income/year from land......................................

10. Main Source of Livelihood......................................

11. Any other means of livelihood

I. .........................
II. .........................
III. .........................
IV. .........................

12. No of average employment days/year......................................

13. How long are you in this profession......................................

14. Average wage rate/day (In Rs)

<100 100-200 >200

15. Type of Labour

Skilled Unskilled

16. Type of present work

Skilled Unskilled

17. Distance of worksite from place of residence .......................................

18. Where do u stay

At worksite At place of residence

19. Way of transportation

Public Private None

20. Timing of working hours.............................................

21. Do you have any rest hours during work

Yes No

22. If yes then, how much............................................

23. Worksite conditions/facilities

1) Drinking water facility

Good Average Low

2) Toilet facilities Available

Yes No

3) Pollution level

Low Average High

4) Safety gears availability

Yes No

5) Quality of safety gears

Good Average Poor

6) If poor then what are the risks associated with this

I. ...........................................................................
II. ...........................................................................
III. ...........................................................................
IV. ...........................................................................
7) First-Aid box availability

Yes No

8) Frequency of accidents

Regular Occasionally

9) No of accidents last year............................

 10) Intensity of accidents

High Moderate
Low

11) Accidental Insurance availability

Yes No

12) Insurance Amount Inadequate Adequate

13) Is there any accident happened with you Yes

No

14) If yes then please specify

.........................................................................................
.........................................................................................
.........................................................................................
15) Are you satisfied with working conditions Yes
No

16) If no then why (Please specify the reasons)

I. ...............................................................................
II. ...............................................................................
III. ...............................................................................
IV. ...............................................................................
V. ...............................................................................

24. Relationship with your employers Good Average

Poor

25. Behaviour of employers with you Good Average

Poor

26. Did you have any kind of conflict with employers Yes
No
27. If yes then (Please specify the reasons)
I. ..............................................................
II. ..............................................................
III. .............................................................
IV. ..............................................................

28. Housing Owned Rented

29. If rented then, what is the rent amount (In

Rs/month).......................................

30. Housing condition Good Average Poor

31. Access to Health facilities

Good Average Poor None

32. Access to safe drinking water

Good Average Poor None

33. Access to transport facilities Yes No

34. Access to education Good Average Poor

None

35. Access to food

Good Average Poor

36. Access to market

Good Average Poor

37. Access to basic municipal facilities

Good Average Poor None

38. Access to credit Yes No

39. Have you taken any loan Yes No

40. Credit Institutions

Banks Co-operatives Money lenders

Friends/relatives Others (please specify)......................

41. If yes then how much have you taken

.............................................................
From which institution (Please specify)
..............................................................

At which interest rate

..............................................................

42. Access to electricity

Yes No

43. Access to fuel for cooking Yes No

44. Access to entertainment Yes No

45. Are you covered in any health insurance Yes No

46. If yes then, Who has taken the policy and paying the premium
...............................................................................
...............................................................................

47. Are you getting benefited from any government

schemes/programmes/facilities

Yes No

48. If yes then please mention

I. ...................................................................
 II. ...................................................................
III. ...................................................................
IV. ...................................................................
V. ...................................................................
VI. ...................................................................
VII. ...................................................................
VIII. ...................................................................

49. Saving /month (In Rs).................................................

50. Did you send money to home Yes No

51. If yes then how much....................................................

Way of sending....................................................

52. What are the food habits of the

family..................................................................

53. How much of the food grains and pulses they have to
buy……………………….

54. Is their income sufficient to buy necessary food items? Yes

No

55. What health problems does the family generally suffer

from?..............................

56. What is their average annual expenditure on

medical………………………………

57. How many times in a year they have to change their work site………………..

58. Do their children regularly go to school……………………

59. Is there any case when children have to stop their education due to transfer
………..

60. What is the expenditure on children’s education…………………

Appendix 2

THE BUILDING AND OTHER CONSTRUCTION WORKERS (REGULA TION

OF EMPLOYMENT AND CONDITIONS OF SERVICE) ACT, 1996

INTRODUCTION

In building and other construction works more than eight million workers are
engaged throughout the country. These workers are one of the most vulnerable
segments of the unorganised labour in India. Their work is of temporary nature,
the relationship between employer and the employee is temporary, working
hours are uncertain. Basic amenities and welfare facilities provided to these
workers are inadequate. Risk to life and limb is also inherent. In the absence of
adequate statutory provisions to get the requisite information regarding the
number and nature of accidents was quite difficult and due to this to fix
responsibility or to take corrective measures was not an easy job. Although the
provisions of certain Central Acts were applicable to the building and other
construction workers yet a need was felt for a comprehensive Central Legislation
for regulating the safety, welfare and other conditions of service of these workers.
In pursuant to the decision of the 41st Labour Ministers Conference held on 18th
May, 1995, the Committee of State Labour Ministers had expressed its
consensus for the Central Legislation on this subject. In order to regulate the
employment and conditions of service of building and other construction workers
and to provide for their safety, health and welfare measures the Building and
Other Construction Workers (Regulation of Employment and Conditions of
Service) Ordinance, 1995 (Ord. 14 of 1995) was promulgated by the President
on 3rd November, 1995 as the Parliament was /not in session. To replace this
Ordinance a Bill was introduced in the Lok Sabha on 1st December, 1995. Since
the Bill could not be taken up for consideration it lapsed. On 5 th January, 1996
the President promulgated the Building and Other Construction Workers
(Regulation of Employment and Conditions of Service) Ordinance, 1996 (Ord. 3
of 1996). To replace this Ordinance a Bill was introduced in the Parliament which
could not be passed and the President promulgated the Building and Other
Construction Workers (Regulation of Employment and Conditions of Service)
Second Ordinance, 1996 (Ord. 15 of 1996) on 27th March, 1996. As this
Ordinance could not be replaced by an Act of Parliament the President
promulgated the Building and Other Construction Workers (Regulation of
Employment and Conditions of Service) Third Ordinance, 1990 (Ord. 25 of 1996)
on 20th June, 1996. In order to replace this Ordinance the Building and Other
Construction Workers (Regulation of Employment and Conditions of Service) Bill
was introduced in the Parliament.

STATEMENT OF OBJECTS AND REASONS

1. It is estimated that about 8.5 million workers in the country are engaged
in building and other construction works. Building and other construction workers
are one of the most numerous and vulnerable segments of the unorganised
labour in India. The building and other construction works are characterised by
their inherent risk to the life and limb of the workers. The work is also
characterised by its casual nature, temporary relationship between employer and
employee, uncertain working hours, lack of basic amenities and inadequacy of
welfare facilities. In the absence of adequate statutory provisions, the requisite
information regarding the number and nature of accidents is also not
forthcoming. In the absence of such information, it is difficult to fix responsibility
or to take any corrective action

2. Although the provisions of certain Central Acts are applicable to the

building and other construction workers yet a need has been felt for a
comprehensive Central Legislation for regulating their safety, health, welfare and
other conditions of service The State Governments and Union Territory
Administrations have been consulted ID the matter and a majority of them have
favored such a legislation. Also, in a meeting of the Committee of State Labour
Ministers constituted pursuant to the decision of the 41st Labour Ministers'
Conference held under the Chairmanship of the then Union Labour Minister on
the 18th May, 1995, a general consensus had emerged on the need for the
proposed Central Legislation.

3. In view of the circumstances explained above, it has been considered

necessary to constitute Welfare Boards in every State so as to provide and
monitor social security schemes and welfare measures for the benefit of building
and other construction workers. For the said purpose, it has been considered
appropriate to bring in a comprehensive legislation by suitably amplifying the
provisions of the Building and Other Construction Workers (Regulation of
Employment and Conditions of Service) Bill, 1988 which was introduced in the
Rajya Sabha on the 5th December, 1988. It has also been considered necessary
to levy a cess on the cost of construction incurred by the employers on the
building and other construction works for ensuring sufficient funds for the Welfare
Boards to undertake the social security Schemes and welfare measures.

4. As Parliament was not in session and in view of the urgency felt by the
Government for meeting the longstanding demand for the aforesaid legislation,
the President was pleased to promulgate the Building and Other Construction
Workers (Regulation of Employment and Conditions of Service) Ordinance, 1995
(Ordinance 14 of 1995) along with another Ordinance for the levy of a cess on
the 3rd November, 1995.

5. A Bill, namely the Building and Other Construction Workers (Regulation

of Employment and Conditions of Service) Bill, 1995 was introduced in Lok
Sabha on the 1st December, 1995 to replace the aforesaid Ordinance by an Act
of Parliament Singe the said Bill could not be taken up for consideration in the
Winter Session, 1995 and the Budget Session, 1996 of Lok Sabha, fresh
Ordinances, namely, the Building and Other Construction Workers (Regulation of
Employment and Conditions of Service) Ordinance, 1996 and the Building and
Other Construction Workers (Regulation of Employment and Conditions of
Service) Second Ordinance, 1996 (Ordinance 15 of 1996) respectively were
promulgated on the 5tIl January , 1996 and the 27th March. 1996 with a view to
provide continued effect to the legislative protection. With tile dissolution of the
10th Lok Sabha, the Building and Other Construction Workers (Regulation of
Employment and Conditions, of Service) Bill, 1995 has lapsed. By virtue of
Articles 123 (2)(a) of the Constitution the Building and Other Construction
Workers (Regulation of Employment and Conditions of Service) Second
Ordinance, promulgated on 27th March, 1996 would have also ceased to operate
with effect from 4th July, 1996. In view of the urgency attaching to the matter and
as Parliament was not in Session, the President was pleased to promulgate the
Building and Other Construction Workers (Regulation of Employment and
Conditions of Service) Third Ordinance, 1996 (Ordinance 25 of 1996), on 10 th
June, 1996 in order to give continued effect to the legislative protection
envisaged in the said ordinance.

6. The Building and Other Construction Workers (Regulation of Employment

and Conditions of Service) Third Ordinance, 1996, inter alia, provides for the
following matters, namely:-

(i) provision to cover every establishment which employs or had

employed on any day of the preceding twelve months, fifty or more
workers in any building or other construction work;
 (ii) define "appropriate Government" in respect of various
establishments and also to enable to Central Government to notify
and public sector undertaking in respect of which the Central
Government will be the appropriate Government;
(iii) constitution of Central and State Advisory Committee to advise the
appropriate Government on matters arising out of administration of
the said Ordinance:
(iv) constitution of Expert Committee to advise on matters relating to
framing of rules by the appropriate Government.
(v) registration of establishments employing construction workers, and
appointment of registering officers;
(vi) registration of building workers as beneficiaries under the said
Ordinance and provision for their identity cards, etc.;
(vii) constitution of Welfare Boards by the State Governments and
registration of beneficiaries under the Fund;
(viii) provide for final1cing and augmenting resources of the Welfare
Board constituted by the State Governments;
(ix) fixing hours for normal working day, weekly paid rest day, wages
for over time, provision of basic welfare: amenities like drinking
water, latrines and urinals, crèches, first aid, canteens, etc., for the
building workers;
(x) provision for temporary living accommodation to all building
workers within or near the work site;
(xi) making adequate provisions for safety and health measures for
construction workers including appointment of safety committees
and safety officers and compulsory notification of accidents;
(xii) empowering the Central Government to frame model rules for
safety measures headed by Director -General of Inspection at the
Central Level and Inspector-General at the State Level;
(xiii) provision for appointment of inspecting staff including Director-
General of Inspection at the Central level and Inspector-General at
the State level
(xiv) special provisions regarding fixing responsibility of employers to
ensure compliance with safety provisions and with regard to
prevention of accidents, timely payment of wages, etc;
(xv) provision for penalties for contravention, obstructions, violation and
offence; taking cognizance by court of offence punishable under
this Bill; and protection of action taken in good faith;
(xvi) application of the Workmen's Compensation Act, 1923 to building
and other construction workers; and
(xvii) empowering the Central Government to give directions to the
States and to remove difficulties arising in giving effect to the
provisions of the said Ordinance.

7. The Bill seeks to replace the Building and Other Construction Workers
(Regulation of Employment and Conditions of Service) Third Ordinance, .1996.
ACT 27 OF 1996

The Building and Other Construction Workers (Regulation of Employment and

Conditions of Service) Bill having been passed by both the Houses of Parliament
received the assent of the President on 19th August, .1996. It came on the
Statute Book as THE BUILDING AND OTHER CONSTRUCTION WORKERS
(REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE) ACT,
1996 (27 of 1996).
THE BUILDING AND OTHER CONSTRUCTION WORKERS (REGULATION
OF EMPLOYMENT AND CONDITIONS OF SERVICE) ACT, 1996

(27 of 1996)

[19th August, J996]

An Act to regulate the employment and conditions of service of building and

other construction workers and to provide for their safety, health and welfare
measure and for other matter connected therewith or incidental thereto.

BE it enacted by Parliament in the Forty-seventh Year of the Republic of

India as follows:-

CHAPTER I
PRELIMINARY

1. Short title, extent, commencement and application.- (1) This Act may
be called the Building and Other Construction Workers (Regulation of
Employment. And Conditions of Service) Act, 1996.

(2) It extends to the whole of India.

(3) It shall be deemed to have come into force on the 1st day of March, 1996.

(4) It applies to every establishment which employs, or had employed on any day
of the preceding twelve months, ten or more building workers in any building or
other construction work.

Explanation.- For the purposes of this sub-section, the building workers

employed in different relays in a day either by the employer or the contractor
shall be taken into account in computing the number of building workers
employed in the establishment.

2. Definitions.- (1) In this Act, unless the context otherwise requires,-

(a) '"appropriate Government" means,-

(i) in relation to an establishment which employs building workers
either directly or through a contractor) in respect of which the
appropriate Government under the Industrial Disputes Act, 1947
(14 of 1947), is the Central Government, the Central
Government;
(ii) in relation to any such establishment, being a public sector
undertaking, as the Central Government may by notification
 specify which employs building workers either directly or
through a contractor, the Central Government
Explanation.- For the purposes of sub-clause (ii), "public sector
undertaking" means any corporation established by or under
any Central, State or Provincial Act nor a Government.
Company as defined in section 617 of the Companies Act, 1956
(1 of 1956), which is owned, controlled or managed by the
Central Government;

(iii) in relation to any other establishment which employs building

workers either directly or through a contractor, the Government
of the State in which that other establishment is situate;
(b) “beneficiary” means a building worker registered under section 12;
(c) “Board” means a Building and Other Construction Workers' Welfare Board
constituted under sub-section (1) of section 18;
(d) building or other construction work" means the construction, alteration,
repairs, maintenance or demolition- of or, in relation to, buildings, streets,
roads, railways, tramways, airfields, irrigation, drainage, embankment and
navigation works, flood control works (including storm water drainage
works), generation, transmission and distribution of power, water works
(including channels for distribution of water), oil and gas installations,
electric lines, wireless, radio; television, telephone, telegraph and
overseas communication dams, canals, reservoirs, watercourses, tunnels,
bridges, viaducts, aquaducts, pipelines, towers, cooling towers,
transmission towers and such other work as may be specified in this
behalf by the appropriate Government, by notification but does not include
any building or other construction work to which the provisions of the
Factories Act, 1948 (63 of 1948), or the Mines Act, 1952 (35 of 1952),
apply;
(e) “building worker” means a person who is employed to do any skilled,
semiskilled or unskilled manual, supervisory , technical or clerical work for
hire or reward, whether the terms of employment be expressed or implied,
in connection with any building or other construction work but does not
include any such person-
(i) who is employed mainly in a managerial or administrative capacity;
or.

(ii) who, being employed in a supervisory capacity, draws wages

exceeding one thousand six hundred rupees per mensem or
exercises, either by the nature of the duties attached to the office or
by reason of the powers vested in him, functions mainly of a
managerial nature
 (f) "Chief Inspector' means the Chief Inspector of Inspection of Building and
Construction appointed under sub-section (2) of section 42;
(g) "contractor" means a person who undertakes to produce a given result for
any establishment, other than a mere supply of goods or articles of
manufacture, by the employment of building workers or who supplies
building workers for any work of the establishment; and includes a sub-
contractor;
(h) Director-General" means the Director-General of Inspection appointed
under sub-section (1) of section 42;
(i) “employer", in relation to an establishment, means the owner thereof, and
includes,-
(i) in relation to a building or other construction work carried on by or
under the authority of any department of the Government, directly
without any contractor, the authority specified in this behalf, or
where no authority is specified, the head of the department;
(ii) in relation to a building or other construction work carried on by or
on behalf of a local authority or other establishment, directly without
any contractor, the chief executive officer of that authority or
establishment;
(iii) in relation to a building or other construction work carried on by or
though a contractor, or by the employment of building workers
supplied by a contractor, the contractor;
(iv) “establishment” means any establishment belonging to, or under the
control of, Government, anybody corporate or firm, an individual or
association or other body of individuals which or who employs building
workers in any building or other construction work; and includes an
establishment belonging to a contractor, but does not include an individual
who employs such workers in any building or construction work in relation
to his own residence the total cost of such construction not being more
than rupees ten lakhs;
(v) "Fund" means the Building and Other Construction Workers' Welfare Fund
of a Board constituted under sub-section (1) of section 24;
(vi) “notification” means a notification published in the Official Gazette;3
(vii) “prescribed” means prescribed by rules made under this Act by the
Central Government or, as the case may be, the State Government;
(viii) “wages” shall have the same meaning as assigned to it in clause (vi) of
section 2 of the Payment of Wages Act, 1936 (4 of 1936).

(2) Any reference in this Act to any law which is not in force in any area
shall, in relation to that area, be construed as a reference to the corresponding
law, if any, in force in that area.