Section 38 of The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996
- (1)In every establishment wherein five hundred or more building workers are ordinarily employed, the employer shall constitute a Safety Committee consisting of such number of representatives of the employer and the building workers as may be prescribed by the State Government: Provided that the number of persons representing the workers, shall, in no case, be less than the persons representing the employer.
- (2)In every establishment referred to in sub-section (1), the employer shall also appoint a safety officer who shall possess such qualifications and perform such duties as may be prescribed.
Summary
- Establishments with five hundred or more workers must form a Safety Committee.
- The Safety Committee must consist of representatives from both the employer and the building workers.
- The number of worker representatives in the committee cannot be less than the number of employer representatives.
- Employers at these large sites must also appoint a qualified safety officer.
- The specific qualifications and duties of the safety officer are set by government rules.
Practical examples
FAQ
1. When is a Safety Committee required under the Building and Other Construction Workers Act, 1996?
A Safety Committee is required under Section 38 of the Building and Other Construction Workers Act, 1996, when five hundred or more workers are ordinarily employed.
2. What is the required ratio of workers in a Safety Committee according to Section 38 of the 1996 Act?
According to Section 38 of the Building and Other Construction Workers Act, 1996, the number of worker representatives must not be less than the number of employer representatives.
3. Does Section 38 of the Building and Other Construction Workers Act require a dedicated safety professional?
Yes, Section 38 of the 1996 Construction Act requires the appointment of a safety officer in establishments with five hundred or more workers.
Test yourself
Q1.Under Section 38 of the Building and Other Construction Workers Act, 1996, what is the worker threshold for appointing a safety officer?
Q2.According to Section 38 of the Building and Other Construction Workers Act, 1996, how many worker representatives must be on the Safety Committee?
Q3.Under Section 38 of the Building and Other Construction Workers Act, 1996, who prescribes the qualifications for a safety officer?
Q4.Comparing the thresholds, how many more workers are needed to require a safety officer under Section 38 than a canteen under Section 37 of the Building and Other Construction Workers Act, 1996?