THIS COMPOSITION HAS BEEN WRITTEN BY RAJSHREE SONI , A 1st YEAR BA LLB STUDENT FROM MANIPAL UNIVERSITY JAIPUR.
INTRODUCTION
Building and construction workers are an essential part of the economy and play a vital role in shaping the physical infrastructure of a country. However, the nature of their work makes it a hazardous profession, and there are several risks associated with it. In order to protect the rights of these workers and regulate their employment, various laws and regulations have been put in place. This paper will discuss the regulation of employment of building and construction workers
LEGAL FRAMEWORK
United States
In the United States, building and construction workers are covered by various federal and state regulations, such as the Fair Labour Standards Act (FLSA), the Occupational Safety and Health Act (OSHA), and state workers’ compensation laws. The FLSA sets minimum wage and overtime pay standards, and employers are required to maintain records of the hours worked by employees. OSHA sets safety standards for workplaces and provides for the inspection of workplaces to ensure compliance with safety regulations. State workers’ compensation laws provide for the payment of benefits to workers who are injured on the job.
In addition to these regulations, some states have enacted laws specifically aimed at regulating the employment of building and construction workers. For example, in California, the Public Works Act requires employers to pay prevailing wages to workers on public works projects. The law also requires employers to provide workers with various benefits, such as health insurance, and to maintain records of the hours worked by employees.
United Kingdom
In the United Kingdom, building and construction workers are covered by various regulations, such as the Construction (Design and Management) Regulations 2015, the Health and Safety at Work etc. Act 1974, and the Working Time Regulations 1998. The Construction (Design and Management) Regulations require employers to ensure that construction work is carried out safely and to appoint a competent person to manage health and safety on the construction site. The Health and Safety at Work etc. Act requires employers to take reasonable steps to ensure the health, safety, and welfare of their employees. The Working Time Regulations set limits on the number of hours that workers can work and provide for rest breaks and annual leave.
Australia
Australia has several regulations that govern the employment of building and construction workers. The Work Health and Safety Act 2011 (WHS) is the primary law that ensures the safety of workers in the construction industry. The act requires employers to provide a safe working environment, ensure that workers receive adequate training and instruction, and implement measures to protect workers from hazards.
The Fair Work Act 2009 regulates the employment of building and construction workers in Australia. The act sets minimum standards for wages, working hours, leave, and other employment conditions. The act also provides workers with the right to join a union and engage in collective bargaining.
India
In India, the regulation of employment of building and construction workers is governed by the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (BOCW Act). The Act was enacted to regulate the employment and conditions of service of building and construction workers and to provide for their welfare measures. The Act applies to every establishment which employs ten or more building workers, and it provides for the registration of such establishments.
The Act provides for the constitution of a State Building and Other Construction Workers’ Welfare Board in every State, which is responsible for the implementation of the provisions of the Act. The Board is responsible for registering building workers, issuing identity cards, and providing them with benefits such as accident compensation, medical assistance, and educational assistance for their children. The Board also maintains a register of building workers and enforces the provisions of the Act.
The Act provides for the appointment of a Registering Officer, who is responsible for registering building workers and issuing identity cards. The identity card is an essential document for building workers as it entitles them to benefits under the Act. The Act also provides for the appointment of an Inspector, who is responsible for enforcing the provisions of the Act and ensuring that the welfare measures provided under the Act are being implemented.
The Act also provides for the constitution of a Central Advisory Committee, which is responsible for advising the Central Government on matters relating to the implementation of the Act. The Committee consists of representatives from various Ministries, State Governments, employers, and workers.
The Act provides for various welfare measures for building and construction workers. The Act provides for the establishment of a welfare fund, which is used for providing benefits such as medical assistance, accident compensation, and educational assistance to building workers and their families. The welfare fund is financed by contributions from employers, building workers, and the Government.
The Act also provides for the establishment of a safety committee, which is responsible for ensuring safety measures at construction sites. The safety committee consists of representatives from the employer, building workers, and the Government.
CHALLENGES AND REFORMS
Despite the existence of regulations, building and construction workers still face several challenges. One of the most significant challenges is the lack of awareness among the workers regarding their rights and entitlements. Many workers are unaware of the welfare measures provided for their benefit and fail to avail of them.
Another significant challenge is the high rate of accidents in the construction industry. The workers are exposed to various risks, such as falls from heights, electrocution, and equipment-related accidents. To address this issue, the government has introduced several safety measures, such as the use of safety helmets, gloves, and boots.
Another reform introduced by the government is the use of technology in the construction industry. The use of technology has not only improved the efficiency of construction but also the safety of the workers. For instance, drones are used to inspect sites, reducing the need for workers to climb heights.
CASE LAWS
The BOCW Act has been subject to various interpretations by the courts, and several cases have been decided on its provisions. One such case is the State of Punjab vs. Jagdev Singh and others (2006), where the Supreme Court of India held that the term “construction work” under the BOCW Act includes both the construction of a new building and the repair, renovation, and maintenance of an existing building. The Court also held that the obligation to pay the cess under the Act is not limited to the construction of new buildings but also extends to the repair, renovation, and maintenance of existing buildings.
Another significant case is Lanco Anpara Power Ltd. vs. State of Uttar Pradesh and others (2016), where the Allahabad High Court held that the BOCW Act is a beneficial legislation aimed at providing social security to building and other construction workers. The Court also held that the obligation to pay the cess under the Act is a statutory liability that cannot be waived or compromised by any agreement between the parties
CONCLUSION
The regulation of employment in the building and construction industry is a critical issue that affects millions of workers worldwide. The BOCW Act, along with various other laws and regulations, provides a framework for protecting the rights of construction workers and ensuring that they are treated fairly.
Employers and employees must work together to ensure that safe and healthy working conditions are provided in the building and construction industry. Governments must also continue to take measures to promote the welfare of construction workers, including the establishment of institutions and programs to support them. Ultimately, the goal is to ensure that construction workers are treated with the dignity and respect they deserve and that their rights are protected.
REFERENCES
- https://legislative.gov.in/sites/default/files/A1996-27_0.pdf
- https://www.indiacode.nic.in/handle/123456789/1989?sam_handle=123456789/1362
- https://indiankanoon.org/doc/104533091/
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