Working at Construction Sites in IIT Kanpur: A Report from Hamara Manch
On August 1st one of the most serious workplace accidents at IITK in recent years was reported. This however, was not the first workplace fatality related to construction on campus. There have been 12 workplace deaths that the community has kept count of from 2007 to 2012 (see https://sites.google.com/site/iitkcfdevelopment/case-studies/accidents for details). In light of recent events, Hamara Manch (HM) has put together a report on the construction work at IITK. The report is in two parts: first we describe the immediate accident on the Earth Sciences site and its fallout; in Part II we follow it up with the work conditions and worker rights in relation to construction sites on campus in general. The report is attached as a pdf file.
The accident and working conditions at construction sites raise several legal and systemic issues:
With such massive construction going on in the campus, what are the safety protocols in place, both in terms of preventive measures as well as in case of emergencies like this one? From the chaos that ensued following the accident on Aug. 1, there appear to be none in place.
Many of the workers are being brought to these sites from Bihar, Bengal and Chattisgadh, but the elaborate provisions, procedures and checks under Interstate Migrant Workmen Act 1979 do not appear to be followed.
Under the Contract Labour Act 1970, there are provisions of rest room, child care, canteen, etc. which do not appear to be available on sites even where young women are also at work.
We have been told that migrant workers are being paid Rs. 3-4 thousand for a month’s work, while others are receiving Rs. 250-400 per day. According to the Minimum Wages Act 1948 the present rate applicable in the campus for unskilled work is Rs 584/ per day. Add to this the provisions for EPF and ESI which are also not being fulfilled here.
Finally any such accident comes under the purview of Employee’s Compensation Act 1923 according to which the deceased workers’ families should get anywhere from Rs. 7.5 to 8.5 lakhs of compensation depending upon their age and Pavitra (the fourth person, who is in hospital) should get half of his wages plus all the medical expenses till he becomes fully fit to work again. Who will take responsibility to ensure their legal dues and work through the long drawn bureaucratic system?
What Can be Done?
It is clear that the mishap that happened on August 1st was the result of systematic negligence regarding worker safety. And this negligence is part and parcel of an overall ignoring of all workers’ rights, not to mention their basic entitlement to life and human dignity.The accident also raises serious concerns regarding the technical competence of the organisations entrusted to do these massive constructions. As concerned stakeholders in the construction activity that is happening on campus, simply responding with humanitarian aid in the aftermath of an incident does not address these systemic failures. We need to come together as a community to demand accountability from the Institute and the creation of functional systems that ensure workers’ rights and safety. Specifically, this includes:
Ensuring proper treatment of Pavitra Das till he is ready to get back to work and his due wages as per law till then.
Compensation as per the law for the families of the deceased.
An official enquiry into the accident including a thorough technical assessment to determine its causes and prevent its recurrence.
Putting into place a safety protocol including training and lines of responsibility with which the Institute ensures compliance by IWD as well as CPWD.
Taking into account the system of petty contractors as well as ensuring proper system of accountability, including identifying workers at construction site and durability of their tenure so that various protocols do not remain merely symbolic gestures.
Finally, putting into place a system for hearing of grievance and voices of workers, without which all of the above will remain only good intentions by the authorities and concerned community members.
Attachment: Construction report Aug 7 2019.pdf