(1) Suitable scaffolds shall be provided for workmen for all work that cannot safely be done from the ground or from solid construction except such period work as can be done safely from ladders. When a ladder is used, an extra mazdoor shall be engaged for holding the ladder and if the ladder is used for carrying materials as well, suitable footholds and handholds shall be provided on the ladder and the ladder shall be given an inclination not steeper than ¼ to 1 (¼ horizontal and 1 vertical).
(2) Scaffolding or staging more than 3.25 metres above the ground or floor, swing or suspended from an overhead support or erected with stationery support, shall have a guard fail properly attached, bolted braced and otherwise secured at least 1 meter high above the floor or platform of such scaffolding or staging and extended along the entire length of the outside and ends thereof with only such openings as may be necessary for the delivery of materials. Such scaffolding or staging shall be fastened as to prevent it from swaying from the building or structure.
(3) Working platform, gangways and stairway shall be so constructed that they do not sag unduly or unequally, and if height of platform or stairway is more than 3.25 meters above ground level or floor level, it shall be closely barded, have adequate width and be suitable fenced, as described in 2 above.
(4) Every opening in floor of a building or in a working/platform shall be provided with suitable means to prevent fall of persons or materials by providing suitable fencing or railing with a minimum height of 1 metre.
(5) Safe means of access shall be provided to all working platforms and longer working places. Every ladder shall be securely fixed. No portable single ladder shall be over 9 meters in length. Width between side rails in a rung ladder shall in no case be less than 30cm for ladders upto and including 3 meters in length. For longer ladders this width shall be increased at least by 6mm for each addition of 30cm length, uniform step spacing shall not exceed 30cm.
Adequate precautions shall be taken to prevent danger from electrical equipment. No materials on any of the site shall be so stacked placed as to cause danger or inconvenience to any person or the public. The contractor shall provide all necessary fencing and lights to protect public from accidents and shall be bound to bear expenses of defense of every suit, action or other proceedings at law that may be brought by any person for injury sustained owing to neglect of the above precautions and to pay any damages and cost which may be awarded in any such suit, action or proceedings to any such persons or which may with the consent of the contractor be paid to compromise any claim by any such person.
(6) Excavation and Trenching:
All trenches, 1.5 meters or more in depth shall at all times be supplied with at least one ladder for each 30 meters in length or fraction thereof. Ladder shall be extended from bottom of trench to at least 1 meter above surface of the ground. Sides of a trench which is 1.5 meter or more in depth shall be stepped back to give suitable slope or securely held by timber backing, so as to avoid the danger of sides collapsing Excavated materials shall not be placed within 1.5 meters of edge of trench or half of depth or trench, whichever is more cutting shall be done from top to bottom. Under no circumstances shall undermining or undercutting be done.
(7) Demolition:
Before any demolition work is commenced and also during the process of the work.
(a) All roads and open areas adjacent to the work shall either be closed or suitably protected.
(b) No electric cable or apparatus which is liable to be a source of danger over a cable or apparatus used by operator shall remain electrically charged.
(c) All practical steps shall be taken to prevent danger to persons employed, from risk or fire or explosion or flooding. No floor, roof, or other part of a building shall be so overloaded with debris or materials as to render it unsafe.
(8) All necessary personal safety equipment as considered adequate by the Engineer-in-charge shall be available for use of persons employed on the site and maintained in a condition suitable for immediate use, and the contractor shall take adequate steps to ensure proper use of equipment by those concerned.
(a) Workers employed on mixing asphalt materials, cement lime mortars/ concrete shall be provided with protective footwear and protective goggles.
(b) Those engaged in welding works shall be provided with welder’s protective eye-shields.
(c) Those engaged in handling any materials which is injurious to eye shall be provided with protective goggles.
(d) Stone breakers shall be provided with protective goggles and protective clothing and seated at sufficiently safe intervals.
(e) When workers are employed in sewers and manholes, which are in use, the contractor shall ensure that manhole covers are opened and manholes are ventilated at least for an hour before workers are allowed to get into them. Manholes so opened shall be cordoned off with suitable railing and provided with warning signals or boards to prevent accident to public.
(f) The contractor shall not employ men below the age of 18 and women on the work of painting which products containing lead in any form whenever men above the age of 18 are employed on the work of lead painting, the following precautions shall be taken.
(i) No paint containing lead or lead products shall be used except in the form of paste or ready-made paints
(ii) Suitable face masks shall be supplied for use by workers when paint is applied in the form of spray or a surface having lead paint dry rubbed and scraped.
(iii) Overalls shall be supplied by the contractor to workmen and adequate facilities shall be provided to enable working painters to wash painters to wash during and on cessation or work.
(9) When work is done near and place where there is risk of drowning all necessary equipment shall be provided and kept ready for use and all necessary steps taken for prompt rescue of any person in danger and adequate provision made for prompt first aid treatment of all injuries likely to be sustained during the course of the work.
(10) Use of hoisting machines and tackle including their attachments, anchorage and supports shall conform to the following.
(a) (i) These shall be of good mechanical construction sound material and adequate strength and free from defects and shall be kept in good repair and in good working order.
(ii) Every rope used in hoisting or lowering materials or as a means suspension shall be of durable quality and adequate strength and free from patent defects.
(b) Every crane driving or hoisting appliance operator shall be properly qualified and no person under the age of 21 years shall be in charge of any hoisting machine including any scaffold which or give signals to operator.
(c) In case of every hoisting machine and of every chain ring hook shackle, swivel and pulley block used in hoisting or lowering or as means of suspension, safe working load shall be ascertained by adequate means. Every hoisting machine and all gear referred to above shall be plainly marked with safe working load. In case of a hoisting machine having available safe working load, each safe working load and the conditions, under which it is applicable shall be clearly indicated. No part of any machine or of any gear referred to above in this paragraph shall be loaded beyond safe working load except for the purpose of testing.
(d) (i) In case of department machine safe working load shall be notified by the Engineer-in-charge. As regards contractor’s machine the Contractor shall notify safe working load of each machine, to the Engineer-in-charge whenever he brings it to site of work and get it verified by the Engineer-in-charge.
(ii) Motors gearing, transmission, electric wiring and other dangerous parts of hoisting appliances shall be provided with efficient safeguards; hoisting appliances shall be provided with such means, as will reduce to the minimum risk of accident descent of load adequate precautions shall be taken to reduce to the minimum risk of any part of a suspended load becoming accidentally displaced. When workers are employed on electrical installations, which are already energized, insulating mats working apparel such as gloves, sleeves and boots; as may be necessary shall be provided. Workers shall not wear any rings, watches, and carry keys or other materials, which are good conductors of electricity.
(11) All scaffolds, ladder and other devices mentioned or described herein shall be maintained in a safe condition and no scaffold, ladder or equipment shall be altered or removed while it is in use. Adequate washing facilities shall be provided at or near placed or work.
(12) These safety provisions shall be brought to the notice of all concerned by display on a notice board at a prominent place at the work spot. Persons responsible for ensuring compliance with the safety Code shall be named therein by the Contractor.
(13) To ensure effective enforcement of the rules and regulations relating to safety precautions, arrangements made by the Contractor shall be open to inspection by the Engineer-in-charge or his representatives and the inspecting officers.
(14) Not with standing the above conditions 1 to 14, the contractor is not exempted from the operation of any other Act or Rule in force.
AND SANITARY ARRANGEMENT FOR WORKERS EMPLOYED
(1) Application:
These rules shall apply to all building and construction works in charge of Cochin Shipyard Limited.
(2) Definitions:
(i) “Work place” means a place at which, at an average 20 or more workers are employed in connection with construction work
(ii) ‘Large work place’ means a place at
which at an average 500 or more workers are employed in connection with
construction work.
(3) First Aid:
(a) At every work place, there shall be
maintained in a readily accessible place first aid appliances including an
adequate supply of sterilized dressings and sterilized cotton wool. The appliances shall be kept in good order
and in large work place they shall be placed under the charge of a responsible
person who shall be readily available during working hour.
(b) At large work place, where hospital
facilities are not available within easy distance of the work, First Aid posts
shall be established and be run by a trained compounder.
(c) Where large work places are remote from
regular hospitals an indoor ward shall be provided with one bed for every 250
employees.
(d) Where large work places are situated in
cities, town or in their suburbs and no beds are considered necessary owing to
the proximity of city or town hospitals suitable transport shall be provided to
facilitate removal of urgent cases to the hospitals. At other work places, some conveyance facilities, such as a car,
shall be kept readily available to take injured person or person suddenly taken
seriously ill to the nearest hospital.
(4) Drinking
Water:
(a) In every work place there shall be provided and maintained at suitable places, easily accessible to labour a sufficient supply of cold water fit for drinking.
(b) Where drinking water is obtained from an
intermittent public water supply, each work place shall be provided with
storage where such drinking water shall be stored.
(c) Every water supply storage shall be at a
distance of not less than 50 feet from any latrine, drain or other source of
pollution. Where water has to be drawn
from an existing well which is within such proximity of latrine, drain or any
other source of pollution, the well shall be properly chlorinated before water
is drawn from it for drinking. All such
wells shall be entirely closed in and be provided with trap-door which shall be
dust and water-proof.
(d) A reliable pump shall be fitted to each
covered well, the trap-door shall be kept locked and opened only for cleaning
or inspection which shall be done at least once a month.
(5) Washing and Bathing Places:
(a) Adequate washing and bathing places
shall be provided separately for men and women.
(b) Such places shall be kept in clean and drained condition.
(6) Scale
of Accommodation in Latrines and Urinals:
There shall be provided within the precinct of every work place latrines and urinals in an accessible place and the accommodation, separately for each of them shall not be less than the following scale:
Number
of seats
(a) Where the number of persons does not exceed 50 2
(b) Where the number of persons exceeds 50, but does not Exceed
100 3
(c) For every additional 100 3
In particular cases, the Senior Manager shall have the powers to vary the scale where necessary.
(7) Latrines
and Urinals for women:
If women are employed,
separate latrines and urinals, screened from those for men and marked in the
vernacular in conspicuous letters ‘for women only’ shall be provided on the
scale laid in Rule6. These for men
shall be similarly marked ‘for men only’.
A poster showing the figure of a major woman shall be also exhibited at
the entrance of latrines for each sex.
There shall be adequate supply of water close to the urinals and
latrines.
(8) Latrines
and Urinals:
Except in work places provided with water flushed, latrines connected with a water-borne sew-age system all latrines shall be provided with receptacles on dry earth system which shall be cleaned at least four times daily and at least twice during working hours and kept in a strictly sanitary condition. The receptacles shall be tarred inside& outside at least once a year.
(9) The walls shall be constructed of masonry and shall be
cement-washed inside and outside at least once a year. The roof shall be of Asbestos
Cement/Mangalore Tiles or any other suitable type approved by the
Engineer-in-charge. The dates of cement
washing shall be noted in a register maintained for this purpose and kept
available for inspection. Latrines
shall be of the type approved by the Engineer-in-charge. Shipyard Limited may provide lavatories and
urinals and in that case will recover suitable charges at agreed rates from the
contractor.
(10) Disposal
of Excreta:
Necessary septic tank of sufficient capacity as approved by the Engineer-in-charge shall be provided for the proper disposal of excreta.
(11) Provision
of Shelters during rest:
At every work place there shall be provided, free of cost, two suitable sheds one for meals and the other for rest separately for men and women for the use of labour. The height of the shelter shall not be less than II feet from the floor level to the lowest part of the roof. The sheds should be roofed with at least thatched and mud flooring will be provided with a dwarf wall around not less than 2½ feet. Sheds should be kept clean and the space should be on the basis of at least 5 square feet per head.
(12) Creches:
(a) At every work place, at which 50 or more women workers are ordinarily employed there shall be provided two huts for the use of children under the age of 6 years, belonging to such women. One hut shall be used for infants games and play and the other as their bedroom. The huts shall not be constructed on a lower slandered than the following.
(i) Thatched roofs.
(ii) Mud floors and walls.
(iii) Planks spread over the mud floor and covered with matting.
The huts shall be provided with suitable and sufficient openings for the light and ventilation. There shall be adequate provision of sweepers to keep the places clean. There shall be two days in attendance. Sanitary utensils shall be provided to the satisfaction of the Health Officer of the area concerned. The use of the hut shall be restricted to children.
(b) Where the number of women workers is more than 25 but less than 50, the contractor shall provided at least one hut and one dais to look after the children of women workers.
(c) The size of creche or crèches shall vary
according to the number of women workers.
(d) The creche or creches shall be properly
maintained and necessary equipments like toys etc. shall be provided.
13. Canteen:
A cooked food canteen on a moderate scale shall be provided for the benefit of workers wherever it is considered expedient.
The above rules shall be incorporated in the contracts and in the notices inviting tenders and shall form an integral part of the contracts.
LABOUR REGULATIONS
1. Definitions in these regulations, unless otherwise expressed
or indicated the following words and expression shall have the meaning hereby
assigned to them.
a) "Labour" means workers employed
by the Contractor directly or indirectly through a sub-contractor, or by an
agent on his behalf on a payment not exceeding Rs. 500/- per month.
b) Fair wage means Wage which shall include
wage for weekly day of rest and other allowances whether for time or piece
work, as fixed by Central Public Works Department as fair wages of Kerala
State, Ernakulam District Payable to deferent categories of labours but shall
not be less than the minimum rte of wages fixed under the minimum wages act.
c) 'Contractor" for the purpose of those
regulations shall include an agent or sub-contractor employing labour on the
works taken on contract.
d) Inspecting Officer means any labour
Enforcement Officer or Assistant Labour Commissioner of the Chief Labour
Commissioners organization.
e) "Form" means a form appended to
these Regulations.
2. Notice of Commencement
The Contractor shall within
SEVEN days of commencement of the work furnish in writing to the inspecting
Officer of the area concerned the following information.
a) Name of the situation of work.
b) Contractors name and address.
c) Particulars of the Department for which the work is
undertaken.
d) Name and address of sub-contractors as and when they
appointed.
e) Commencement and probable duration of the work.
f) Number of workers employed and likely to be employed.
g) 'Fair Wages" for different categories of workers.
3. (i) Number of hours
of work which shall constitute of normal working day: The number of hours which
shall constitute a normal working day for an adult shall be nine hours The
working day of an adult worker shall be so arranged that inclusive of
intervals, if any, day when an adult worker is made to work for more than nine
hours on any day for more than FOURTY EIGHT hours in any week he shall in
respect of overtime work, be paid wages at double the ordinary rate of wages.
(ii) Weekly day of rest: Every worker shall be given a weekly day of rest which shall be fixed and notified at least Ten days in advance. A worker shall not be required or allowed to work on the weekly rest days unless he has or will have a substitute rest day, on one of the rest five day immediately before or after the rest day, provided that no substitution shall be made which will result in the worker working for more than ten days consecutively without a rest day for whole day.
Where in accordance with the
foregoing provision a worker works on the rest day and has been given a
substituted rest day he shall be paid wages for the work done of the weekly
rest at the overtime rate of wages.
4. Display pf notice regarding wages, Weekly day of Rest etc.:
The contractor shall be before he commence his work on contract display and
correctly maintain and continue to display and correctly maintain in a clean
and legible condition in conspicuous place on the works, notice in English and
in the local Indian language, spoken by majority of workers, giving the rate of
fair wages the hours of work for which such wages are payable, the weekly rest
days workers are entitled to and name and address of the Inspecting Officer.
The Contractor shall send a copy of each of such notices to the Inspecting
Officer.
5. Fixation of wage periods
The contractor shall fix
wage periods in respect of which wages shall be payable. No wage period shall
normally exceed one week.
6. Payment of wages
(i) Wages due to every worker shall paid to
him direct. All wages shall be paid in current coins or currency or in both
(ii) Wages of every worker employed on the
contract shall be paid, where the wage period is one week, within THREE DAYS
from the end of the Wage period; and in any other case before the expiry of the
7th day or 10th day from the end of wage period according as the number of
workers does not exceed 1,000 or exceeds 1,000.
(iii) When employment of any worker is
terminated by or behalf of the Contractor, the wages earned by him shall be
paid before expiry of the day succeeding the one on which his employment is
terminated.
(iv) Payment of wages shall be made at the
work site on a working day except when the work is completed before expiry of
the wage period, in which case final payment shall be made at the work site
within 48 hours of the last working day and during normal working time.
Note: The term "Working Day" means a day on which the work on
which labour is employed, is in progress.
7 Register of Workmen
A register workmen, shall be
maintained in Form 1 and kept at the work site or as near to it as possible le,
and the relevant particulars THREE days of his employment.
8 Employment Card
The Contractor shall issue
an employment card in form II to each worker on the day of work or entry in to
his employment. If a worker has already any such card within him issued by the
previous employer, the contractor shall merely endorsed by the contractor and
returned to the worker.
9 Registration
of wages etc
(i) A register of wages-cum-Muster Roll in
Form III shall be maintained and kept at the work site or as near to it as
possible.
(ii) A wage slip in form IV shall be issued
to every worker employed by the contractor at least a day prior to disbursement
of wages.
10. Fines
and Deductions, which may be made from wages.
(i) Wages of a worker shall be paid to him
without deductions of any kind except the following.
(a) Fines
(b) Deductions for absence from duty, ie, from the place where by the term of the employment he is required to work. The amount or deduction shall be in proportion to the period foe which he was absent.
(c) Deduction for damage to or loss of goods expressly entrusted to the employed person for custody, or for loss money which he is required to account for, where such damage or loses is directly attributable to his neglect or default.
(d) Deductions for recovery of advance or adjustment of over payment of wage advance granted shall be entered in a register and
(e) Any other deduction, which the government may from time to time allow.
(i) No fine shall be imposed on any worker
save in respect of such acts and omissions on his part as have been approved by
the Chief Labour Commissioner.
(ii) No fine shall be imposed on a worker and
no deductions for damage or loss shall be made from his wages until the worker
has been given an opportunity of showing cause against such fines or
deductions.
(iii) The total amount of fines which may be imposed in any one wage period on a worker shall not exceed an amount equal to three paise in a rupee of the wages payable to him in respect of that wage period.
(iv) No fine imposed on a worker shall be
recovered from him in installment or after expiry of sixty days from the date
on which it was imposed on the day of the Act or omission in respect of which
it was imposed.
(v) The contractor shall maintain both in
English and the local Indian language a list, approved by the Chief Labour
Commissioner clearly stating the acts and omissions for which penalty or fine
my be imposed on a workmen and display it in good condition in a conspicuous
place on the work site.
11. Preservation of registers: The register of Workman and the
Register of Wages-Cum-Muster Roll required to be maintained under these
regulations shall be preserved for 3 years after the date on which the last
entry is made therein.
12 Enforcement: The Inspecting Officer shall either on his own
motion or on a complaint received by him carry out investigations and send a
report to the Engineer in charge specifying the amount representing workers
dues and amounts of penalty to be imposed on the contractor for breach of these
Regulations that have to be recovered from the contractor indicating full
details or the recoveries proposed and the reasons therefore. t shall be
obligatory on the part of the Engineer in charge on receipt of such report to
deduct such amounts from payments due to the contractor.
13. Disposal of amounts recovered from the contractor: the
Engineer in charge shall arrange payments to workers concerned within FORTY
FIVE days from receipt of a report from the inspecting Officer excepting cases
where the contractor had made an appeal under regulation 15 of these
Regulations in case where there is an appeal payment of workers does would be
arranged by the engineering-charge, wherever such payment arise, within THIRTY
days from the date of receipt of the decision of the regional Labour
Commissioner (RLC)
14. Welfare fund: All moneys that are recovered by the
engineer-in-charge by way of workers’ dues which could not be disbursed to
workers within the time - limit prescribed above, due to reasons such as ware
bouts of workers no being known, death of a worker, etc. and also amount
recovered as penalty, shall be credited to a fund to be kept under the custody
of the R.L.C for such benefit and welfare of workman employed by the
contractors as are prescribed by the chief labour commissioner.
15. Appeal against decision of inspecting Officer: Any person
agreed by a decision of the Inspecting officer may appeal against such decision
of the regional labour commissioner concerned with in THIRTY days from the date
of the decision, forwarding simultaneously a copy of this appeal to the
engineer-in-charge. The derision of the regional Labour Commissioner shall be
final and building upon the contractor and the working
16. Representation
of Parties
(i) A workman shall be entitled to be represented in any investigation on enquiry under this regulations by an officer of a registered trade union of which he is a member or by an officer of a federation of traced union to which this said trade union is affiliated or where the workman is not a member of a registered trade union, by an OFFICER of registered trade union, connected with or by any other workman employed in the industry in which the worker is employed.
(ii) A contractor shall be entitled to be
represented in any investigation or enquiry under these Regulation by an
officer of an association of contractors of which he is a member or by an
Officer of a Federation of associations of contractors to which the said
association is affiliated or where the contractor is not a member of any
association of contractors, by an officer of association of employers,
connected with or by any other employer engaged in, the industry in which the
contractor is engaged.
(iii) No party shall be entitled to be
represented by a legal particular in any investigation or enquiry under these
Regulations.
17.
Inspection of Books and other Documents
The Contractor shall allow
inspection of the Registers and other documents prescribed under these
Regulations by Inspecting Officer and the Engineer-in-charge or his authorised
representative at any time and by the worker or his agent on receipt of due notice
at a convenient time.
18.
Interpretation etc
On any question as to the application, interpretation of effect of those regulations, the decision the Chief Labour Commissioner or Deputy Chief Labor Commissioner (Central) shall be final and binding.
19. Amendments
Government may from time to time add to or amend these Regulations and issue such directions, as it may consider necessary for the proper implementation of these Regulations or for the purpose of removing any difficulty, which may arise in the administration thereof.
REGISTER OF MATERNITY BENEFITS
|
Name
of the Employee |
Father’s
/ Husband’s Name |
Nature
of Employment |
Periods
of actual appointment |
Date
of which notice of confinement given |
Date
of delivery / Miscarriage |
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(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
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Date
on which maternity leave commenced & ended |
In
case of delivery leave pay paid to the employee |
In
case of miscarriage leave pay paid to the employee |
REMARKS |
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|
In case of delivery |
In case of miscarriage |
Rate of leave pay |
Amount paid |
Rate of leave pay |
Amount paid |
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||
|
Commenced |
Ended |
Commenced |
Ended |
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|
(7) |
(8) |
(9) |
(10) |
(11) |
(12) |
(13) |
(14) |
(15) |
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