Bare ActsThe Building and other Construction Workers‘ (Regulation of Employment and Conditions of Service) Act, 1996

Section 252

Amendment status not verified — confirm the current text below against the official source.

Prohibition Order:-(1) If it appears to the Inspector that any site or place at which any building or other construction work is being carried on, is in such condition that it is dangerous to life, safety or health of building workers or the general public, he may, in writing serve on the employer of building workers or on the owner of the establishment or on the person in charge of such site or place an order prohibiting any building or other construction work at such site or place until measures have been taken to remove the cause of the danger to his satisfaction. (2) An Inspector serving an order under sub-rule (1), shall endorse a copy to the Director General. (3) Such prohibition order shall be complied with by the employer forthwith; (4) Any person aggrieved by an order under sub-rule (1), may, within fifteen days from the date on which the order is communicated to him, may prefer an appeal to the Director General or where such order is by the Director General, to the Secretary to the Government of India in the Ministry of Labour, New Delhi and the Director General or the Secretary, as the case may be, shall, after giving the appellant an opportunity of being heard, dispose of the appeal as expeditiously as possible; Provided that the Director General or the Secretary to the Government of India in the Ministry of Labour, as the case may be, may entertain the appeal after the expiry of the said period of fifteen days if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time: Sch I The Building and Other Construction Workers‘ (Regulation of Employment and Conditions of Service) Central Rules, 1998 105 Provided further that the prohibition shall be complied with, pending the decision of the Director General or the Secretary to the Government of India in the Ministry of Labour. Sch SCHEDULE I [SEE RULES 56(A), 71(A) AND 72] MANNER OF TEST AND EXAMINATION BEFORE TAKING LIFTING APPLIANCE, LIFTING GEAR AND WIRE ROPE INTO USE FOR THE FIRST TIME. Test Loads: (1) Lifting Appliance—Every lifting appliance with its accessory gear, shall be subjected to a test load which shall exceed the safe working load (SWL) as specified in the following table: TABLE Safe Working load Test load Up to 20 tonnes 25 per cent in excess of safe working load Up to 50 tonnes 5 tonnes in excess of safe working load Over 50 tonnes 10 per cent in excess of safe working load (2) Lifting Gear— (a) Every ring, hook, chain, shackle, swivel, eye-bolt, plate clamp, triangular plate or pulley block (except single sheave block) shall be subjected to a test load which shall not be less than the load as specified in the following table: TABLE Safe Working load (in tonnes) Test load (in tonnes) Up to 25 2 x safe working load above 25 (1.22 x safe working load) + 20 (b) In the case of a single sheave block, the safe working load shall be the maximum load which can safely be lifted by the block when suspended by its head fitting and the load is attached to a rope which passes around the sheave of the block and a test load not less than four times the proposed safe working load shall be applied to the head of the block. (c) In the case of a multi sheave block, the test load shall not be less than the load as specified in the following table:- TABLE Safe Working load (in tonnes) Test load (in tonnes) Up to 25 2 x safe working load 25 to 160 (0.9933 x safe working load) + 27 above 160 1.1 x safe working load (d) In the case of hand-operated pulley blocks used with pitched chains and rings, hooks, shackles or swivels, permanently attached thereto, a test load not less than 50 per cent in excess of the safe working load shall be applied. (e) In the case of a pulley block fitted with a bucket, the bucket shall be tested and the load applied to the bucket when testing that block will be accepted as test load of the bucket. (f) In the case of a sling having two legs, the safe working load shall be calculated when the angle between the legs is 90 degrees. In 106 The Building and Other Construction Workers‘ (Regulation of Employment and Conditions of Service) Central Rules, 1998 Sch I case of multi-legged slings the safe working load shall be calculated as per national standards. (g) Every lifting beam, lifting, frame, container spreader, bucket, tub, or other similar devices shall be subjected to a test load which shall not be less than the load as specified in the following table: TABLE Proposed Safe Working load (in tonnes) Test load (in tonnes) Up to 10 2 x safe working load 10 to 160 (1.04 x safe working load) + 9.6 above 160 1.1 x safe working load (h) Wire ropes—In the case of wire ropes a sample shall be tested to destruction. The test procedure shall be in accordance with recognised national standards. The safe working load of the rope is to be determined by dividing the load at which the sample broke by a co-efficient of utilisation, determined as specified in the following table: TABLE Item Co-efficient of utilisation (1) (2) (a) Wire Rope forming part of Sling. Safe working load of the Sling: Safe working load upto and equal to 10 tonnes. Safe working load above 10 tonnes and upto and equal to 160 tonnes. 5 10 (8.85 x SWL) + 1910 Safe working load above 160 tonnes. 3 (b) Wire Rope as integral part of a Lifting Appliance: SWL of the lifting appliance: Safe working load upto and equal to 160 tonnes. 10 (8.85 x SWL) + 1910 Safe working load above 160 tonnes. 3 (i) Before any test is carried out, a visual inspection of the lifting appliance, or lifting gear involved shall be conducted and any visible defective gear shall be replaced or renewed. (j) After being tested, all the lifting gears shall be examined to see whether any parts have been injured or permanently deformed by the test. Procedure for testing : (3) Derricks— (a) A derrick shall be tested with its boom at the minimum angle to the horizontal for which the derrick is designed (generally 15 degrees) or at such greater angle as may be agreed. The angle at which the test has been carried out shall be mentioned in the test certificate. The test load shall be applied by hoisting moveable weights. During the test, the boom shall be swung with the test load, as far as practicable, in both dirctions. (b) A derrick boom, designed to be raised with power with the load suspended, shall, in addition to the tests at (a), be raised (with Sch I The Building and Other Construction Workers‘ (Regulation of Employment and Conditions of Service) Central Rules, 1998 107 the load suspended) to its maximum working angle to the horizontal and the two outermost positions. (c) While test loading of a heavy lift derrick, the competent person responsible for tests using moveable weights shall ascertain from the owner of the vessel or floating platform that the stability of the vessel or platform is adequate for the test. (4) The derricks tested under clause (3) shall not be used in union purchase rig unless: (a) the derricks rigged in union purchase are tested with the test load appropriate to the SWL in union purchase (at the designed headroom and with the derrick booms in their approved working positions): (b) the safe working load of that derrick in union purchase rig has also been specified by a competent person in a report in Form V; (c) any limitations or conditions specified in the said report are complied with; and (d) the two hoist ropes are coupled together by a suitable swivel assembly. Note:-The safe working loads of derricks (for each method of rig including union purchase) shall be shown on the Certificate of Test and marked on the derrick booms. (5) Lifting appliances— (a) The test load shall be lifted and swung, as far as possible, in both directions. If the jib or boom of the crane has a variable radius, it shall be tested with test loads at the maximum and minimum radii. In case of hydraulic cranes when owing to the limitation of pressure, it is impossible to lift a test load in accordance with table under item (1), it will be sufficient to lift the greatest possible load which shall be more than safe working load. (b) The test shall be performed at maximum, minimum and intermediate radius points as well as such points in the are of rotation, as the competent person may decide. The test shall consist of hoisting, lowering, breaking and swinging and swinging through all positions and operations normally performed. An additional test shall be made by operating the machinery at maximum working speed with the safe working load suspended. (6) Use of spring or hydraulic balances, etc. for test loading—All tests shall normally be carried on with the help of dead weights. In case of periodical test, replacements or renewal, test load may be applied by means of suitable springs or hydraulic balances. In such case, test load shall be applied with the boom, as far out as practicable, in both directions. The test shall not be taken as satisfactory unless the balance has been certified for accuracy by the competent authority within 2.0 per cent and the pointer of the machine has remained constant at the test load for a period of at least five minutes. (7) Testing machines and dead weights— (a) A suitable testing machine shall be used for testing of chains, wire ropes and other lifting gears; (b) Testing machines and balances to be used in test loading, testing and checking shall not be used unless they have been certified 108 The Building and Other Construction Workers‘ (Regulation of Employment and Conditions of Service) Central Rules, 1998 Sch II for accuracy at least once in the preceding twelve months by the competent authority; (c) Moveable weights used for the test loading of the lifting appliances having a safe working load not exceeding twenty tonnes shall be checked for accuracy by means of suitable weighing machine of certified accuracy. (8) Thorough examination after testing or test loading— After being tested or test loaded, every lifting appliance and associated gear shall be thoroughly examined to see that no part has been damaged or permanently deformed during the test. For this purpose, the lifting appliance or gear shall be dismantled to the extent considered necessary by the competent person. SCHEDULE II NOTIFIABLE OCCUPATIONAL DISEASES IN BUILDING AND OTHER CONSTRUCTION WORK [SEE RULE 230 (A)]

Section 252 – The Building and other Construction Workers‘ (Regulation of Employment and Conditions of Service) Act, 1996 | DailyLaw.ai