Duties and Responsibilities Of

Principle Employer, Contractor

and Sub- Contractor
as per
The BOCW Act 1996 and
The BOCW Central Rule 1998
 Brief History of BOC Act, 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.
What is Act and Rule?
‘Act’ tells you what to do and ‘Rule’ tells you
how to do.
What is ‘Section’, ‘Sub-section’, etc.?
1)Act - Title, Chapter, Paragraph- Section, Sub -
section, Clause
Sections are numbered and titled
2)Rules - Title, Chapter, Paragraph - Rule, Sub-
rule
Rules also are numbered and titled.
 The Building And Other Construction Workers [Regulation
Of Employment And Conditions Of Service]
Act, 1996
• It extends to the whole of India
• It has come into force from 1st March 1996
• 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.
Let us start with: -
Duties and Responsibilities Of
Principle Employer, Contractor
and Sub- Contractor
as per
The BOCW Act 1996
 Some Definitions
• Building or Other Construction Works
– It means the construction, alteration, repair or maintenance or
demolition of or, in relation to

buildings, streets, roads railways,

tramways airfields irrigation drainage

 Some Definitions
• Building or Other Construction Works
– It means the construction, alteration, repair or maintenance or
demolition of or, in relation to

Generation of
power
transmission Distribution of power

Bridge
construction

Water
canal oil and gas
 Some Definitions
• Building or Other Construction Works
– It means the construction, alteration, repair or maintenance or
demolition of or, in relation to

transmission

Generation of
power Distribution of power

oil and gas Bridge

Water
canal construction
 Some Definitions
 Building or Other Construction Works
 It means the construction, alteration, repair or maintenance or
demolition of or, in relation to
• embankment and navigation works, flood control works,
• water works (including channels for distribution of water),
• 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, or the Mines
Act, 1952, apply;
Employer: In relation to an establishment, means
the owner and Includes:
In relation to BOCW
i) He is Govt. Authority or Head of the
Department if the work is carried out without a
contractor.
ii) He is a local Authority, or CEO of Authority or
of an Establishment, if the work is carried
without a contractor.
iii) He is contractor, if the work is carried out by or
through a contractor or by the workers supplied
by a contractor.
Contractor: Who undertakes to produce the given
results for any establishment by the employment of
building workers.
or
Who supplies building workers for any work of the
establishment (One who supplies only material is
not included).
Establishment: Any establishment belonging
to or under the control of—
-Government
- anybody corporate or firm
- an individual or a body of individuals who
employ building workers in any BOW
-An establishment belonging to a contractor
(Any work related to self residence or the
work which does not exceed Rs. 10 lacks is
not included in this definition)
Building Worker: means a person who is
employed to do-
-any skilled, semi-skilled, or unskilled
-manual, supervisory
-technical or clerical
- for hire or reward, the terms of employment
expressed or implied
(The following is not included:
-Person employed in managerial or administrative
capacity
-Person employed as a supervisor but functions
mainly of a managerial nature, draws wages more
than Rs. 1600/ mensem)
 Duties of welfare officer

Section 31: Prohibition of employment of certain

person
He shall not employ deaf person, a person with
defective vision, a person who has tendency to
giddiness and child labor in the work where
accident may take place.
Section 32: Drinking Water
•He shall make arrangement to provide wholesome
drinking water at every place of work.
•Such drinking water points should be marked as
“Drinking Water”, and should not be located within
6 meters of washing place, urinal, latrine.
 Duties of Welfare officer
Section 33: Latrine and Urinals
He shall provide sufficient no. of latrine and urinals
at every place of work.

Section 34:Accommodation
He shall provide temporary free accommodation to
all workers, with separate cooking, bathing,
washing, lavatory places.
Demolish the same as soon as work is over.
 Duties of Welfare officer
Section 35:Crèches
If more than 50 female workers are employed
suitable arrangement for crèches for children below
6years shall be made.
Section 36: First Aid
He shall provide first aid facility to every work
place.
Section 37: Canteen
If more than 250 workers are employed, he shall
provide canteen.
Section 38: Safety Committee &Safety Officer
1) If 500 or more workers are employed, the
employer shall constitute a safety committee
with equal no. representation from workers and
management.
2) He shall appoint a safety officer if more than
500 workers are employed.
Section 39: Notice of certain accidents:
1) If a person is absent because of accidental injury
for more than 48 hours, or any other serious
injury due to accident, he shall send the report of
such accident to the authority specified.
Section 40: Power of appropriate Government to
make rules for the safety and health for the
building workers:-
1)The state Govt. may, by notification, make
rules regarding safety and health of the
BOCWorkers.
2)Without prejudice to the generalities of the
above statement, Govt. may make rule
regarding the following matters-
-safe means of access, safe scaffold, safe
demolition etc., etc.
Section 44: Responsibility of employer
An employer is responsible for:
-providing and adequate supervision for of any
BOCWork in his establishment as to ensure
compliance with the provisions of this Act relating to
safety
and
-for taking all practical steps necessary to prevent
accident.
Section 47: Penalties and procedures
1) Contravention of rules made under section 40 –
punishment:
-fine
-imprisonment
-fine + imprisonment
etc. , etc.,
Duties and Responsibilities Of
Principle Employer, Contractor
and Sub- Contractor
as per
The BOCW Central Rule 1998
The following states have made rules under this act: -

ANDAMAN & NICOBAR

ANDHRA PRADESH
DELHI
GUJRAT
KERALA
MADHYA PRADESH
ORISA
PONDICHARY
TRIPURA
MAHARASHTRA
Rule 5: Duties and responsibilities of employers,
employees and others
1)It is the duty of every employer-
-Comply with the related rules as per the work
he shall be carrying out.
2)He shall comply with the rules related to
scaffold if it is required for his work.
He shall comply with the rules related plant and
equipment he uses for his work.
3)If a contractor appoints any artisan, tradesman,
or other person to carry out the work, he shall
comply the related rules.
Rule 5 continued:-
5)Employer shall not allow any employee disobeying
any safe operating practices connected with the work
8)Every employer shall comply the rules related to-
-lifting gear, lifting device, transport equipment,
vehicle or any other device.
9)Every employer shall maintain latrines, urinals,
washing facility in a clean and hygienic condition.
The canteen shall be away from the latrine, urinals,
and polluted atmosphere.It shall be easily accessible
to workers
11)The employer shall ensure that the lifting
appliances, lifting gears, earth moving equipment,
transport equipment, or vehicles used for work-
- conform to-
-the requirement related to testing, nomination, and
inspection of such equipment as per rules.
Rule 6:Responsibility of architects, project
engineers and designers-
It shall be the duty of the architect, project engineer,
designer, other professionals –
1)Ensure that, at the planning stage, due consideration
is given to safety and health of the building workers.
2)To take adequate care as not to include anything in
the design which would involve the use of dangerous
structure, processes, or material hazardous to health and
safety of the worker.
3)To take account of the safety aspect during
maintenance and upkeep of the structure and building
which may involve special hazard.
Rule 34:Excessive noise, vibration etc.
The employer shall take adequate measures to protect
workers against harmful effects of excessive noise,
vibration. Noise level should not exceed as given in
schedule VI.
Rule 35: Fire Protection
a)An employer shall ensure at his construction site
the following is provided: -
i)Sufficient no. of fire extinguishers.
ii)Adequate water supply at ample pressure.
iii)No. of trained person to operate fire
extinguishers.
b)Ensure that the fire extinguishers are maintained,
inspected once in a year by a responsible person
and record maintained.
c)Ensure that every boat, launch, other craft used
for transport of workers and a cabin of every
lifting appliance including mobile crane-
-are provided with adequate no. of portable fire
extinguishers.
Rule 36: Emergency action plan
If more than 500 workers are on a construction site
ensure that emergency action plan is drawn to
handle emergencies such as:-
fire and explosion, collapse of lifting appliances
and transport equipment, collapse of building shed
Structures etc., gas leakage, spillage of dangerous
goods or chemicals, drowning of workers, sinking
of vessels, land slide, floods, storms, etc.
This action plan is to be submitted for approval of
D. G.
Rule 37: Fencing of motors
Ensure that: -
a)All motors, chain, sprockets, friction gearing,
flywheels, shafts, dangerous moving parts of
machinery are securely fenced.
All steam pipes are lagged.
b)the fencing is not removed when it is in motion
c)Only a skilled person is allowed to examine,
lubricate, adjust, repair part of machinery when
they are in motion and not fenced.
d)Machine parts are cleaned when they are not in
motion.
e)When machine is stopped for servicing or
repairs, adequate measures are taken for not to
allow inadvertent restart of machine.
Rule 38: Excessive weight
a)The maximum limit of weight allowed to
carry overhead, on back, on shoulders is as per
the given table: -
------------------------------------------------------
Person Maximum weight load
--------------------------------------------
----------
Adult man 55kg
Adult woman 30 kg
Adolescent male 30kg
Adolescent female 20kg
-------------------------------------------------------
b)If a worker is aided by other workers, the maximum
limit of weight they can lift if sum total of the above
table.
Rule 39: Safety Policy
Every establishment shall prepare a written statement
of safety policy in respect of safety and health of
workers and submit the same for the approval of DG.
Rule 40:Dangerous and harmful environment
Ensure that
a)When an internal combustion engine is located in
confined space, see that presence of CO remains
below 50ppm using suitable ventilation method
b) Before sending any worker in any confined space such
as tank, trench, excavation remove all the contaminants
from the space, check O2 level. If everything is order
then only send the person inside.
Rule 41: Overhead Protection
1)Ensure that adequate overhead protection is erected
along the periphery of every building which is 15meter
in height when complete, to save people from falling
bodies on head.
2)It should be more than 2m. wide and erected at a height
less than 5m from the base. Outer edge of the protection
should be higher by 150mm than its inner edge.
3)Other areas where material can fall should be cordoned
off. Inadvertent entry should be guarded.
Rule 41: Slipping, tripping, cutting, drowning and
falling hazards
1)Ensure that all passageways, platforms and other places
of work free from accumulation of dust, debris, and other
obstructing and tripping material.
2)Remove all cutting hazards such as sharp projection,
protruding nails, other similar projection which may
cutting hazard to workers.
3)Ensure that all passageways, platform, scaffold should
not become slippery due to water, grease, oil or other
similar substances. If it has become slippery, slippery
substance must be removed by sanding, saw dusting or
other similar method.
4)If workers are exposed to the hazard of falling into
water, they should be provided with adequate equipment
for saving themselves from drowning and rescuing from
such hazard. If necessary well equipped boat, launch
with trained person should be provided.
5)Every open side or opening thru which a person or any
other equipment may fall, shall be covered or suitably
guarded to prevent such a fall.
6)If workers are exposed to the hazard of falling from
height, suitable equipment must be provided to save the
worker from such hazard.
7)Adequate and suitable safety net should be provided to
arrest the fall of material or equipment.
Rule 43: Dust, gas, fumes, etc.
Employer shall prevent concentration of dust, gas and
fumes and keep it in acceptable level.
Rule 44: Corrosive substances
Store all corrosive substances in a safe place. Provide
suitable PPE to the workers for handling and its use.
Take immediate corrective action in case of spillage.
Rule 45: Eye Protection
Suitable eye protection shall be provided for the
workers engaged in welding, cutting, chipping,
grinding and other similar operations.
Rule 46:Head protection and other protective apparel
1)Suitable safety helmet shall be provided to workers
to protect from falling objects, These helmets should
be as per national standard
2)provide suitable waterproof boots to the workers
working in wet concrete.
3)Provide waterproof coats with hats for the workers
working in rain.
4)Provide suitable PPE as per national standard for the
workers handling acids and alkalis.
5)Provide suitable hand gloves to the workers handling
sharp objects.
Rule 47: Electrical hazards
1)Take adequate measures to prevent contact with
electrical equipment, apparatus, machine, or live
electrical conductor before starting any work.
2)Display suitable warning signs in Hindi and in a
local language.
3) If there is a presence of underground electrical
power lines and location is not known, insulated
protective gloves and footwear should be provided to
the workers using jack hammers, crow bars or other
similar hand tools.
4) Wiring, which may come in contact with
water or may be mechanically damaged, should
not be left on the ground or floor at work.
5)All electrical appliances and current carrying
equipment used at work should be made of
sound material and are properly and adequately
earthed.
6)All temporary electrical installation should be
provided with Earth Leakage Circuit
Breaker.(ELCB)
7)Ensure that all electrical installations comply with
the prevailing electrical law.
Rule 48: Vehicular traffic
1)If any vehicular traffic may cause danger to
worker, employer shall provide suitable
barricading, warning signs, and lights displayed to
protect workers from vehicular traffic.
2)Ensure that all vehicles used, comply with the
Motor Vehicle Act, 1988.
3)Ensure that all vehicle drivers possess a valid
driving license under the Motor Vehicle Act,1988.
Rule 49: Stability of Structure
Ensure that no wall, chimney or other structure is left
unguarded in such a condition that it may fall,
collapse or weaken due to wind pressure, vibration
or any other reason.
Rule 50: Illumination of Passageways
Provide the required illumination as per the relevant
national standard for all passageways, stairways,
landing etc.
Rule 51: Stacking of materials
Ensure that:
a)all building material is stored and stacked in a safe and
orderly manner to avoid obstruction of any passageways
or place of work.
b)material piles are stacked in such a way that it ensures
stability.
c)material or equipment is not stored upon any floor or
platform in such a quantity as to exceed its safe carrying
capacity.
d)material is not be stored at the edge of a platform to
avoid its falling on someone.
Rule 52: Disposal of debris
Ensure that-
a)Debris are handled and disposed in a safe manner.
b)debris are not accumulated to avoid becoming it a
hazard.
c)Debris are sufficiently moist to bring down the
dust within permissible limit.
d)They are not thrown inside or outside or from a
height from work.
e)On completion of work debris are disposed as
urgently as possible to avoid any hazard to any
traffic or person
Rule 53: Numbering and marking of floors
Ensure that each floor or level of a building or other
construction work is numbered or marked at the
landing of such floor or level.
Rule 54: Use of Safety helmets and shoes
Ensure that all persons who are performing any work
or service at a building or other construction work,
wear safety shoes and helmets conforming to the
national standards.
Apart from the above general duties there are
specific duties related to particular subject. These
subjects are: -
CHAPTER VII – LIFTING APPLIANCES AND
GEAR: Rule 55 to 81
CHAPTER VIII- RUNWAYS AND RAMPS
Rule 82 to 85
CHAPTER IX- WORK ON OR ADJACENT TO
WATER : Rule 86 to 87
CHAPTER X – TRANSPORT OF EARTH
MOVING EQUIPMENT : Rule 88 to 95
CHAPTER XI – CONCRETE WORK : Rule 96 to
107
CHAPTER XII – DEMOLITION : Rule 108 to 118
CHAPTER XIII – EXCAVATION AND
TUNNELING : Rule 119 to 168
CHAPTER XIV – CONSTRUCTION, REPAIR
AND MAINTENANCE OF STEEP ROOF : Rule
169 to 171
CHAPTER XV - LADDERS AND STEP-
LADDERS : Rule 172 to 174
CHAPTER XVI – CATCH PLATFORMS AND
HOARDINGS, CHUTES, SAFETY BELTS AND
NETS : Rule 175 to 180
CHAPTER XVII – STRUCTURAL FRAME AND
FORM WORK : Rule 181 to 185
CHAPTER XVIII – STACKING AND
UNSTACKING : Rule 186 to 187
CHAPTER XIX – SCAFFOLD : Rule 188 to 205
CHAPTER XX – COFFERDAM AND CAISSONS
Rule 206 to 207
CHAPTER XXI – SAFETY ORGANIZATION:
Rule 208 to 211
CHAPTER XXII – EXPLOSIVE : Rule 212 to
213
CHAPTER XXIII- PILING: Rule 214 to 222
CHAPTER XXIV – MEDICAL FACILITIES :
Rule 223 to 232
CHAPTER XXV – INFORMATION TO
BUREAU OF INDIAN STANDARDS : Rule 233
In addition to the above part IV of the rules
dealing with hours of work, payment of wages,
register of records etc.