Executive Summary:
The Ministry of Labour and Employment addresses healthcare and safety for construction laborers via Lok Sabha Unstarred Question No. 176, answered on July 21, 2025. The response outlines existing legal frameworks, safety provisions, and initiatives to protect construction workers' health and safety, including measures for migrant workers and the integration of relevant provisions into new codes. State Welfare Boards maintain data on deaths and compensation. Certain states have signed MoUs for ABPMJAY coverage.
Key Points / Main Content:
Legal and Regulatory Framework:
* The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (BOCW RECS Act) and Central Rules, 1998, regulate employment conditions, safety, health, and welfare of construction workers.
* The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Services) Act, 1979, protects migrant workers by ensuring minimum wages, allowances, accommodation, medical facilities, and protective clothing.
* Relevant provisions of the BOCW Act, 1996 have been subsumed in the Occupational Safety, Health and Working Conditions Code, 2020 (OSH Code) and Code on Social Security, 2020 (SS Code).
Safety and Health Provisions:
* BOCW Central Rules, 1998, detail safety provisions including eye protection, electrical hazard safety, demolition safety, excavation and tunneling safety, safety belt/net requirements, accident reporting, and occupational health services.
* The Chief Labour Commissioner (Central) (CLCC) enforces BOCW RECS Act, 1996 through inspections to ensure safety measures at construction sites.
* The Construction Advisory Service (CAS) Division under DGFASLI offers construction safety certificate courses.
Welfare and Benefits:
* State Welfare Boards, under Section 22 of the BOCW Act, 1996, provide benefits like accident assistance, pensions, housing loans, group insurance, educational support, maternity benefits, and medical benefits.
* Fourteen states have signed MoUs with State Health Authorities for Ayushman Bharat Pradhan Mantri Jan Arogya Yojana (ABPMJAY) coverage for construction workers.
Data and Reporting:
* State BOCW Welfare Boards maintain updated data on deaths, compensation (granted, rejected, or pending), with major causes being falls, road accidents, and electrocution.
Impact Analysis:
Construction Workers:
* Impact: Enhanced safety measures, improved access to healthcare, social security benefits, and welfare schemes.
* Action Required: Adhere to safety protocols, avail available healthcare and social security benefits, and report accidents or unsafe working conditions.
Employers/Contractors:
* Impact: Compliance with BOCW RECS Act, Inter-State Migrant Workmen Act, OSH Code, and SS Code, including providing safety gear, ensuring safe working conditions, and offering mandated benefits.
* Action Required: Implement safety measures, provide necessary safety gear, ensure fair wages and benefits, and comply with inspection requirements.
Central and State Governments:
* Impact: Responsibility for enforcing safety regulations, monitoring compliance, providing welfare schemes, and maintaining updated data on worker safety and compensation.
* Action Required: Conduct regular inspections, ensure effective implementation of welfare schemes, maintain accurate data, and promote awareness of safety regulations.
Key Entities Referenced
Building and Other Construction Workers Regulation of Employment and Conditions of Service Act, 1996: A central act in India regulating the employment and conditions of service of building and other construction workers, including provisions for their safety, health, and welfare.
Inter-State Migrant Workmen (Regulation of Employment and Conditions of Services) Act, 1979: An act that aims to protect the rights and regulate the employment conditions of migrant workers in India.
Occupational Safety, Health and Working Conditions Code, 2020: A code that subsumes relevant provisions of the BOCW Act, 1996, aiming to consolidate and update occupational safety and health regulations in India.
Code on Social Security, 2020: A code that addresses social security aspects for workers, including those in the construction sector.
Chief Labour Commissioner Central: The head of an organization that enforces the provisions of the BOCW RECS Act 1996 and related rules, ensuring safety measures at construction sites within the Central Sphere.
Directorate General of Factory Advice Service Labour Institutes, Mumbai: An organization with a Construction Advisory Service (CAS) Division that provides certificate courses in Construction Safety.
Rajasthan: One of the states for which data on construction laborer deaths, compensation, and pending claims is requested in the question.
Ayushman Bharat Pradhan Mantri Jan Arogya Yojana: A national health scheme in India aimed at providing health coverage to eligible beneficiaries, including building and construction workers.
GOVERNMENT OF INDIA
MINISTRY OF LABOUR AND EMPLOYMENT
LOK SABHA
UNSTARRED QUESTION NO. 176
TO BE ANSWERED ON 21.07.2025
HEALTHCARE AND SAFETY FOR THE CONSTRUCTION LABOURERS
†176. SHRI HARISH CHANDRA MEENA:
Will the Minister of LABOUR AND EMPLOYMENT be pleased to
state:
(a)the details of the steps taken by the Government to address the
professional hazards like Cancer, Musculoskeletal diseases,
respiratory issues and other health problems;
(b)the details of the initiatives taken by the Government to implement
extant professional safety laws including ensuring the availability
of safety gears like Steel toe boots, Hard Hat, Ear mufflers, mask
and harness at the construction sites;
(c)the details of the measures taken by the Government to improve
the accessibility to healthcare for migrated construction
labourers especially with respect to mobile health and cancer
screening programme and the portability of the Government
health schemes; and
(d)the details of the deaths of the construction labourers during the
last five years and the current year including the number of cases
wherein compensation granted, number of claims rejected and the
cases wherein the claims are pending for disposal in the country,
State-wise including Rajasthan?
ANSWER
MINISTER OF STATE FOR LABOUR AND EMPLOYMENT
(SUSHRI SHOBHA KARANDLAJE)
(a) to (d): The Central Government is committed to protect and
promote the welfare, social security, safety and health of labourers.
The Building and Other Construction Workers (Regulation of
Employment and Conditions of Service) Act, 1996 [BOCW (RE&CS)
Act, 1996] and Central rules, 1998 regulate the employment and
conditions of service of building and other construction workers,
provide for their safety, health and welfare measures and for other
matters connected therewith or incidental thereto. Further, the
BOCW Central Rules, 1998 (Rules 34–232) lay out detailed provisions
which are given below:
Contd..2/-:: 2 ::
Chapter VI, provides for provisions related to safety of
workers’ Eye protection and safety from electrical hazards, Chapter
XII has provisions related to safety of workers engaged in demolition
of buildings, Chapter XIII deals with excavation and tunneling works,
Chapter XVI provides for safety belt, safety net, etc., Chapter XXI
prescribes mandatory mechanism of reporting in case of accidents,
accident enquiring procedures, etc., Chapter XXIV provides
Occupational health services for the construction workers.
In order to safeguard the interest of the Migrant workers,
the Government has enacted the Inter-State Migrant Workmen
(Regulation of Employment and Conditions of Services) Act, 1979
which, inter alia, provides for registration of certain establishments
employing Inter-State Migrant Workers, licensing of contractors etc.
Workers employed with such establishment are to be provided
payment of minimum wages, journey allowance, displacement
allowance, residential accommodation, medical facilities and
protective clothing etc.
The Chief Labour Commissioner (Central) [CLC(C)]
organization through its field offices enforces various provisions of
the BOCW (RE&CS) Act 1996 and the rules made thereunder ensuring
the safety measures of workers working in construction sites in the
Central Sphere. Regular inspections are conducted as per the
Inspection Scheme of the Ministry of Labour & Employment. State
Labour Departments conduct similar inspections in their respective
States.
Further, in order to augment the efforts in the direction of
safety and health of construction workers, “Construction Advisory
Service (CAS) Division” has been created in Directorate General of
Factory Advice Service & Labour Institutes (DGFASLI), Mumbai that
has initiated various certificate courses in the field of Construction
Safety.
Under Section 22 of the BOCW Act, 1996 State Welfare
Boards provide benefits such as accident assistance, pensions,
housing loans, group insurance, educational support, maternity
benefits, and medical benefits.
Relevant provisions of the BOCW Act,1996 have been
subsumed in the Occupational Safety, Health and Working Conditions
Code, 2020 (OSH Code) and Code on Social Security, 2020 (SS Code).
Contd..3/-:: 3 ::
Respective State BOCW Welfare Boards maintain updated
data on deaths, compensation granted, rejected or pending. Major
causes include falls, road accidents, and electrocution.
As per details reported by Nation Health Authority the 14
States viz. Andaman & Nicobar Islands, Arunachal Pradesh, Assam,
Uttar Pradesh, Nagaland, Chandigarh, Gujarat, Himachal Pradesh,
Madhya Pradesh, Sikkim, Telangana, Tripura, Bihar, Punjab have
signed Memorandum and Understanding (MoU) with State Health
Authority in the concerned States for coverage of
building/construction workers under Ayushman Bharat -Pradhan
Mantri Jan Arogya Yojana (AB-PMJAY).
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