This Act is applicable to Building and other construction workers. This main objective of the Act is to provide adequate safety, health and welfare measures to the workers employed in a Building or other Constructions.
This Act is very similar to the Factories Act, 1948. Building Worker means “a person who is employed to do any skilled, semi-skilled 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” as per Section 2(e) of the Act.
In the case of Lanco Anpara Power Ltd. V. State of Uttar Pradesh & Others, the construction workers were entitled to welfare measures under the Building and Other Construction Workers Act and not under the Factories Act,1948 was established.
- The Act mandates that within 60 days of the act being applicable to the establishment, from the date of commencement or later, the employer has to apply for registration of the establishment to the registering office.
- The relevant government fixes the hours of work for a building worker along with providing one day off per week. If work has been done on the day of rest, it provides for wage not less than the specified overtime wage under section 29 of the Act.
- Section 31 prohibits people known to be deaf, have defective vision or tendency to giddiness from working in the building or construction work that might cause harm accidentally to the person or anyone else.
- The employer must provide sufficient supply of drinking water, access to toilets, Creches, first aid, canteen and free of charge temporary accommodation within the site or near for the period of construction work.
- It is the responsibility of the employer to carry out supervision activities on the site to ensure safety measures and prevent accidents.