Applicability of Health, Safety, and Welfare Law Relating to the Construction Industry in Sri Lanka

Abstract

Construction is particularly a high-risk industry, with a higher rate of accidents compared to other sectors. In Sri Lanka specifically, numerous construction accidents result from neglecting safety protocols stipulated by relevant authorities. Despite the presence of various Health, Safety, and Welfare (HSW) legislations in Sri Lanka, the incidence of accidents has been steadily increasing. Hence, this research aims to examine the Health, Safety, and Welfare Law pertinent to the Construction Industry, proposing strategies to improve the effectiveness of the current laws. It includes a review of primary legislation governing HSW aspects in Sri Lanka's Construction Industry, such as the Factories Ordinance No. 45 of 1942, Workmen's Compensation Ordinance of 1934, Shops and Office Employees Act No.19 of 1954, Wages Boards Ordinance No.27 of 1941, Employees Provident Fund (EPF) Act No. 15 of 1958, and Employees Trust Fund (ETF) Act No.46 of 1980. Additionally, the research addresses the significant challenges and issues encountered by stakeholders in the Construction Industry when adhering to these laws. This study utilized a mixed-method approach, incorporating both qualitative and quantitative data collection methods. The analysis utilized the RII method, mean and standard deviation assessments, and content analysis. Results revealed a lower average awareness level among respondents concerning these legislations, and significant variability in their understanding. Notably, despite previous suggestions to update existing legislation, this study highlighted that while the laws have been amended, stakeholders remain unaware of these amendments.