Section 3 in The Orissa Building and Others Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2002
3. Duties and Responsibilities of employers, employees and others.
(1)It shall be the duty of every employer who erects or alters any scaffold to comply with such requirements of the provision of these rules as relate to the erection or alteration of scaffolds having regard to the purpose of purposes for which the scaffold is designed at the time of erection or alteration, and such employer, who erects installs, works or uses any plant or equipment to which any of the provisions of these rules apply, shall erect install, work or use such plant or equipment in a manner which complies with those provisions.(2)Where a contractor who is undertaking any of the operations or works to which these rules apply, appoints any artisan, tradesman or other person to perform any work or services of the contractor to comply with such of the requirements of these rules as affect that artisan, tradesman or other person and for this purpose any reference in these rules to an employee shall include a reference to such artisan, tradesman or other person and the contractor shall be deemed to be his employer;(3)It shall be the duty of every employee to comply with the requirements of such of those rules as are related to the performance of or the refraining from an act by him and co-operate in carrying out these rules.(4)It shall be the duty of every employer to do anything not in accordance with the generally accepted principles of standard safe operating practices connected with building and other construction work as specified by the State Government.(5)No employee shall do anything which is not in accordance with the generally accepted principles of standard safe operating practices connected with building and other construction work as specified by the State Government.(6)No person related with any building and other construction work shall willfully do any act which may cause injury to himself or to others.(7)It shall be the duty of every employer not to allow lifting appliance, lifting gear, lifting device, transport equipment, vehicles or any other device or equipment to be used by the building workers which does not comply with the provisions of these rules.(8)It shall be the duty of the employer to maintain the latrines, urinals washing facilities and canteen in a clean and hygienic condition. The canteen shall be located in a place away from the latrines and urinals and polluted atmosphere and at the same time be easily accessible to the building workers.(9)It shall be the duty of the employer to abide by the dates fixed and notified by him for payment of wages for a period in accordance with these rules and no change in such dates and such period shall be effected without notice to the building workers and the Inspector. The employer shall ensure timely payment of wages as specified under these rules and at a place and time notified by him. Where the employer is a contractor, he shall ensure that the wages of building workers are paid in the presence of a representative of the employer of establishment or owner of premises from whom he has taken the work on contract and obtain signatures of such representative in token of having witnessed the payment of wages.(10)It shall be the duty of the employer to ensure that the lifting appliance, lifting gear, earth moving equipment, transport equipment or vehicles used in the building or other construction work undertaken by him conforms to the requirements relating to testing, examination and inspection of the equipment as provided in these rules. It shall be the duty of every person in the service of the government relating to him as given in these rules.
