Understanding BOCW Cess Payment and Occupational Health Regulations for Construction Projects

Sir/Madam,

Our client is a state government-owned company and it is covered under ESI. However, as our construction job is outside the factory area, we have registered under BOCW.

Kindly advise:
i. How will we be required to pay the labor cess of 1%? Will it be deducted from our running bills by our principal employer, or do we need to deposit it directly to the labor office? Our principal employer is not registered under BOCW.
ii. Within how many days from the commencement of the job should the CESS be deposited?
iii. We currently have 250 workmen. Is it mandatory to keep an ambulance on-site and appoint a doctor? We are conducting our workmen's health check-ups as per BOCW.

Thank you for your valuable time.

Regards,
Shiv.

Dear Shiv ji,

You need to mention the location of your construction project to get the answer to your questions at Sr. I and II above.

As regards to your question at Sr. III above:-

Ambulance at site:

You need to ensure an ambulance van at the site according to Section 227 of Central Rules 1998 as applicable to you. This section states that you can make arrangements with a nearby hospital to provide an ambulance van for the prompt transportation of serious cases of accidents and sickness to the hospital. There are no criteria regarding the number of laborers employed by you to ensure an ambulance van.

Appointment of doctor:

You need to ensure an occupational health center and a construction medical officer at the occupational health center possessing qualifications as laid down in Schedule XI, if your work involves hazardous processes as specified in Schedule IX. There are no criteria regarding the number of laborers employed by you in this case as well. Please refer to Rule 225 under the Central Rules 1998 relating to this aspect.

Health check-up:

You need to ensure the medical examination of your laborers periodically if the work involves such laborers at risk or hazards or if the laborer is engaged as an operator on a crane, winch, or other lifting appliances, transport equipment, or vehicles. This medical examination is to be conducted in accordance with Schedule VII and should be carried out by a medical officer or at a hospital approved by the Central Government. This medical examination should be arranged before employing laborers for the aforementioned work and after any illness or injury affecting their fitness and then once every two years up to the age of 40 and once a year after 40. Please refer to Schedule VII.

Similar provisions can be found in State Rules as well.