Section 82: Building and other construction workers

The Occupational Safety, Health and Working Conditions Code, 2020 (Act No. 37 of 2020) • Official Statutory Text & Plain English Practice Guide

Statutory Mandate
Chapter X: Special Provisions for Factories, Mines & Plantations
Competent Labour Forum
Act No. 37 of 2020

Legal Commentary & Landmark Judgments: Section 82

Section 82 of the Code introduces Chapter XI Part VII, governing Building and Other Construction Workers (BOCW), retaining and harmonizing the comprehensive structural safety, scaffolding, and welfare provisions of the legacy BOCW Act, 1996.

  • Comprehensive Construction Safety Matrix: Prescribes mandatory safety protocols for scaffolding, excavations, tower cranes, demolition work, tunneling, and temporary electrical systems across all infrastructure sites.
  • Direct Responsibility of Principal Contractors: Places strict statutory responsibility on builders, developers, and principal EPC contractors to implement safety plans and provide safety equipment to all site workers.
  • Prohibition of Unsafe Construction Machinery: Authorizes Inspector-cum-Facilitators to seize defective lifting machinery, cranes, or scaffolding that fail to meet national structural safety standards.
Key Landmark Precedents:
  • Lanco Anpara Power Ltd. v. State of U.P. (2016) 10 SCC 329: Supreme Court held that construction worker welfare legislation must be interpreted liberally to ensure that workers engaged in complex infrastructure projects receive full statutory protections.
  • National Campaign Committee for CL v. Union of India (2018) 5 SCC 434: Supreme Court issued comprehensive directives mandating the registration of all construction workers and strict enforcement of on-site safety standards.
  • Dewan Chand Builders & Contractors v. Union of India (2012) 1 SCC 101: Constitution Bench affirmed that construction site safety and welfare levies are constitutionally valid regulatory measures designed to protect a vulnerable floating workforce.
Courtroom Practice & Strategic Litigation Guidance:

Every construction site employing fifty or more workers must appoint a full-time certified Safety Officer and install perimeter safety nets, fall-arrest harnesses, and edge barriers before commencing superstructure construction.