Section 39 of The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996
- (1)Where in any establishment an accident occurs which causes death or which causes any bodily injury by reason of which the person injured is prevented from working for a period of forty-eight hours or more immediately following the accident, or which is of such a nature as may be prescribed, the employer shall give notice thereof to such authority, in such form and within such time as may be prescribed.
- (2)On receipt of a notice under sub-section (1) the authority referred to in that sub-section may make such investigation or inquiry as it considers necessary.
- (3)Where a notice given under sub-section (1) relates to an accident causing death of five or more persons, the authority shall make an inquiry into such accident within one month of the receipt of the notice.
Summary
- Employers must notify the designated authority about accidents causing death or serious bodily injury.
- Serious bodily injury is defined as an injury that prevents a worker from working for forty eight hours or more.
- The authority has the power to investigate or inquire into any accident reported.
- If an accident causes five or more deaths, the authority must conduct an inquiry within one month.
- The form and timing of the notice are determined by official government rules.
Practical examples
FAQ
1. When must an injury be reported under the Building and Other Construction Workers Act, 1996?
Under Section 39 of the Building and Other Construction Workers Act, 1996, an injury must be reported if it prevents the worker from working for forty eight hours or more.
2. What happens if five people die in a construction accident under the 1996 Act?
Section 39 of the Building and Other Construction Workers Act, 1996, requires the authority to make an inquiry into the accident within one month.
3. Who is responsible for giving notice of an accident according to Section 39 of the Building and Other Construction Workers Act?
The employer is responsible for giving notice of the accident to the prescribed authority under Section 39 of the 1996 Construction Act.
Test yourself
Q1.Under Section 39 of the Building and Other Construction Workers Act, 1996, an injury is reportable if the worker is absent for at least how long?
Q2.According to Section 39 of the Building and Other Construction Workers Act, 1996, what is the deadline for an inquiry if five or more people die?
Q3.Under Section 39 of the Building and Other Construction Workers Act, 1996, what can the authority do after receiving an accident notice?
Q4.If an accident causes 3 deaths, is a mandatory one month inquiry required under Section 39 of the Building and Other Construction Workers Act, 1996?