• PM Rajapaksa promulgates new, far-reaching regulations under Construction Industry Development Act
• New laws cover registration, disciplinary process, sanctions for errant contractors
• ID card to be issued with practice allowed only in category and trade for which cardholder is registered
• Code of Conduct for all cardholders, including upholding honour and dignity of construction industry
• Registration cancellation, downgrades, fines among penalties and sanctions stipulated in new regulations

By Chandani Kirinde

Prime Minister Mahinda Rajapaksa has promulgated new regulations under the Construction Industry Development Act dealing with registration of skilled workers, issuing of ID cards, sanctioning and penalty for errant contractors, and disciplinary procedures for qualified persons in the industry.

The new regulations have been promulgated under the Act by the Prime Minister, who is also the Minister of Urban Development, Water Supply and Housing Facilities.

These include workers, construction site supervisors, middle level technical officers and other professionals in the construction industry regulations of 2020, disciplinary procedure for qualified persons) regulations, guidelines for disciplinary procedure for registered contractors regulations and craft identity cards regulations. Under the Regulations for registering skilled construction workers, construction site supervisors, middle level technical officers and any other professionals in the industry, the Construction Industry Development Authority will be required to maintain a register with names, contact details, qualification etc.

The Register will be treated as a Directory of skilled sector workers, and open for public inspection during office hours.

The Regulations also provide for the issuing of identity cards for those in the industry, with such ID holders required not to violate any provisions of the Construction Industry Development Act, No. 33 of 2014, or any regulation or rules made under this Act.

Construction workers will be required to practice only in the category and trade under which such craft ID cardholder is registered, assist in eliminating unsafe working conditions by ensuring to undergo proper safety training relating to any equipment and methods, and by adhering to safety measures in sites.

The regulations also lay down a Code of Conduct for all such ID cardholders, which includes upholding the honour and dignity of the construction industry by being fair and honest in business dealings, and maintaining the highest standards and qualities in the relevant trade; maintaining a high level of ethics in carrying out assigned work and perform undertakings with quality service.

They will also be required to carry out contractual obligations of the labour contract, act in a fair and just manner towards the employers, employees, contractors, sub-contractors, and co-workers in carrying out work, and practice safety practices within the sites, taking every precaution to prevent any health hazards originating from construction work.

Complaints can be lodged against contractors registered under the provisions of the Construction Industry Development Act in writing to the Director General of the Construction Industry Development Authority, and if such complaints are proven, the contractor will be subject to certain sanctions or penalty.

The acts that warrant sanction or penalty include: tampering or unauthorised entry or alteration to the Registration Record Book of the Authority; contractor obtaining registration with the Authority by fraud or misrepresentation; and terminating of contract/sub-letting of the contract without authority.

Detection of mosquito breeding grounds at construction sites will also carry penalties, including downgrade by one grade for two years, and imposition of a fine similar to two times of Annual Registration Fee of the highest grade applicable to the contractor at the time of default, as well as displaying the name of the contractor on the website of the Authority as an errant contractor.