Section 39: Safety, Health and Welfare Measures

Overview

Section 39 of the Code on Social Security, 2020, focuses on ensuring a safe and healthy working environment for building and other construction workers. It doesn’t directly deal with a specific social security *benefit* like Provident Fund or ESI, but rather establishes the foundational conditions necessary for workers to benefit from other social security schemes by protecting their well-being and reducing workplace hazards. It’s a preventative measure aimed at minimizing accidents and occupational diseases.

Who is Covered?

• This section applies to all employers and contractors engaged in building and other construction work. This includes all types of construction projects, whether public or private.
• There are no specific eligibility conditions related to length of service or wage limits for *coverage* under this section. The obligation to provide safety and welfare measures applies to all workers employed on a construction site, regardless of their wage or tenure.

Benefits and Contributions

• The ‘benefit’ here isn’t a monetary payment, but rather a safe and healthy work environment. This includes provisions like first-aid, drinking water, sanitation, protective gear, and crèche facilities.
• The responsibility for providing these benefits and ensuring compliance rests entirely with the employer and contractor. There are no direct contributions required from employees or the government under this specific section. However, employers are responsible for the costs associated with implementing these safety and welfare measures.

Procedure and Compliance

Compliance with Section 39 involves several key steps:

1. Risk Assessment: Employers must identify potential hazards at the construction site.
2. Implementation of Measures: Based on the risk assessment, employers must implement appropriate safety and health measures, as prescribed by central and state governments.
3. Provision of Facilities: Employers must provide necessary facilities like first-aid boxes, drinking water, sanitation facilities, and protective equipment.
4. Compliance with Standards: Adherence to the safety standards and rules set by the relevant government authorities is crucial.
5. Record Keeping: Maintaining records related to safety measures, inspections, and any incidents is important for demonstrating compliance.

Practical Examples

• Example 1: A construction worker, Ramesh, is employed on a building project. His employer provides him with a hard hat, safety shoes, and regular training on safe work practices. This ensures Ramesh is protected from potential head injuries and foot injuries, contributing to his overall well-being and allowing him to work safely.
• Example 2: A contractor, Suresh, fails to provide adequate sanitation facilities at a construction site. This leads to unsanitary conditions and a potential outbreak of illness among the workers. Government inspectors discover the non-compliance and impose a hefty fine on Suresh, and potentially halt construction until the issue is rectified.

Disclaimer

This article is for basic understanding of social security law and should not be treated as legal advice. For specific legal guidance, please consult with a qualified legal professional.