40. Power of appropriate Government
to makes rules for the safety and health of
building workers.- (1) 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.
(2) In particular, and without
prejudice to the generality of the foregoing
power, such rules may provide for all or any
of the following matters, namely:-
(a) the safe means of access
to, and the safety of, any working place, including
the provision of suitable and sufficient scaffolding
at various stages when work cannot be safely
done from the ground or from any part of a building
or from a ladder or such other means of support;
(b) the precautions to be
taken in connection with the demolition of the
whole or any substantial part of a building
or other structure under the supervision of
a competent person child the avoidance of danger
from collapse of any building or other structure
while removing any part of the framed building
or other structure by shoring or otherwise;
(c) the handling or use of
explosive under the control of competent persons
so that there is no exposure to the risk of
injury from explosion or from flying material;
(d) the erection installation,
use and maintenance of transporting equipment,
such as locomotives, trucks, wagons and other
vehicles and trailers and appointment of competent
persons to drive or operate such equipment;
(e) 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;
(f) 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;
(g) 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
Spice;
(h) the measures to be taken
during stacking or unstacking, stowing or unstowing
of materials or goods or handling in connection
therewith;
(i) 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:
(j) the safe handling and
use of plant, including tools and equipment
operated by compressed air:
(k) the precaution to be taken
in case of fire;
(l) the limits of weight to
be lifted or moved by workers;
(m) the safe transport of
workers to or from any workplace by water and
provision of means for rescue from drowning;
(n) the steps to be taken
to prevent danger to workers from live electric
wires or apparatus including electrical machinery
and tools and from overhead wires;
(o) the keeping of safety
nets, safety sheets and safety belts where the
special nature or the circumstances of work
render them necessary for the safety of the
workers;
(p) the standards to be complied
with regard to scaffolding, ladders and stairs,
lifting appliances. ropes, chains and accessories,
earth moving equipement and floating operational
equipments;
(q) the precautions to be
taken with regard to pile driving, concrete
work, work with hot asphalt, tar or other similar
things, insulation work, demolition operations,
excavation, underground construction and handling
materials;
(r) the safety policy, that
is to say, a policy relating to steps to be
taken to ensure the safety and health of the
building workers, the administrative arrangements
therefor and the matters connected therewith,
to be framed by the employers and contractors
for tile operations to be carried on in a building
or other construction work:
(s) the information to be
furnished to the Bureau of Indian Standard established
under the Bureau of Indian Standards Act, 1986
(63 of 1986), regarding the use of any article
or process covered under that Act in an building
or other construction work:
(t) the provision and maintenance
of medical facilities for building workers;
(u) any other matter concerning
the safety and health of workers working in
any of the operations being carried on in a
building or other construction work.
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