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1 Discuss the main provisions of legal requirements relating to construction sites to ensure compliance with health and safety legislation
Main provisions of factories Ordinance relating to Building and other construction sites. Sanitary convenience Sanitary convenience section 15 of factories Ordinance
Sufficient and suitable sanitary convenience for the persons employed in the factory shall be provided, maintained and kept clean, and effective provisions shall be made for lighting the convenience and, where persons of both sexes are or are intended to be employed.
8 toilets 5 urinals To accommodate 240 workers at once but according to the national law only 30 percentum of the workers at a time and under the sanitary convenience I mentioned toilet needs for male, Toilets 1 for 25 Female all the time 1 for 25 Males at first 100. 1for 40 Males per 100< M < 500 1for 60 Males per M > 500,
Urinals Urinals 1-Per 50 for males (M<500) Urinals 1 per 100 for males (M > 500)
In given construction, For male, First 100 => ( Next 400 => ( Next 1300 => ( So, 36 toilets for male First 500 => ( Next 1300 => ( So, 23 urinals 2 | ) ) ) ) ) for female => ( )
According to this rule ABC Company has not mentioned the correct number of toilets and urinals it needs. So, ABC Company has to construct toilets and urinals to fulfill the companys need.
The provisions of relating to safety Main provisions to prevent accident from machinery Prime movers Section 17
Every part of prime movers shall be securely fenced. Prime mover means which provides mechanical energy such as motor. Engine or other appliance and includes generators
Other machinery 19
Every dangerous part any machinery other than prime movers and transmission machinery shall be securely fenced. E.g. Dangerous parts such as blades in dust fan
High - risk machinery - all with periodically testing requirements Hoist and lifts Section 27
Every hoist or lift shall be thoroughly examined by a competent person at least once in every period of twelve months. Every hoist or lift shall be thoroughly examined by a competent person at least once in every period of twelve months, and a report of the result of every such examination in such form and containing such particulars as may be prescribed shall be signed by the person making the examination and shall within fourteen days be entered in or attached to the general register.
P 1.2 Explain the legal requirements and the responsibilities for providing welfare facilities for the given construction site situation.
The provisions of part IV with respect to welfare regulationsDrinking water Section 46
There shall be provided and maintained at suitable points conveniently accessible to all persons employed an adequate supply of wholesome drinking water from a public main or from some other source approved in writing by the District Factory Inspecting Engineer for the district, such approval not to be withheld except on the ground of the unwholesomeness of the water.
(4) A notice shall be affixed in every workroom stating the name of the person in charge of the first-aid box or cupboard provided in respect of that room.
Legal Responsibilities
In construction site situation, there are various parties involved. Especially client, contractor and consultant are the basic parties. Under the contractor various parties involved for construction and services. The normal responsibilities are as follows and can be changed according to the situations of the construction sites.
Responsibilities of client
The client is benefited ultimately from all the construction activities. Therefore the client must ensure that the main contractor comply with all applicable requirements of Factories Ordinance. If the main contractor does not comply with the requirements of Factories Ordinance then the client is responsible for compliance with the Factories Ordinance. Client shall monitor the progress and ongoing construction activities which are carried out according to the requirements of Factories Ordinance, through the consultant. Consultant shall prepare safety plan for the construction projects. Consultant shall prepare and implement a monitoring mechanism to ensure that work is carried out in compliance with the national laws. The consultant shall advice on specific work which needs to be carried out with special attention on safety. Safe work method statement will be prepared for some activities with risk assessment according to the severity.
Responsibilities of contractors
The main contractor is ultimately responsible for employees safety at the site but if your employees are on the site youre also responsible for their actions. Managing safety at the site is a responsibility that all contractors must share. A) The main contractor shall comply with all applicable sections of Factories Ordinance and he shall ensure that the other contractors also shall comply with all sections of Factories Ordinance. Identify hazards in the sites that your employees could be exposed to before they begin work. Correct the hazards if you have the ability or authority to do so. If you cant correct a hazard, notify other contractors about it immediately. Determine who has the ability or authority to correct the hazard. If the hazard is serious, remove your employees from the job if you cant protect them. Be aware, and watch for new hazards. Instruct your employees how to recognize hazards and protect themselves. If your employees create a hazard, correct it immediately All machinery must be tested and maintained to comply with Factories Ordinance. All employees shall be adequately trained to perform their task safely. Make aware employees on health and safety law in the country and importance of comply with it. Ensure that records shall be maintained according to the Factory Ordinance. Ensure that accidents, dangerous occurrences and industrial diseases shall be reported according to the Factory Ordinance. Provide sufficient budget for safe work. Appoint a competent person to look after compliance issues relating Factory Ordinance.
B) C) D) E) F) G) H)
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Some of the general responsibilities of managers in construction sites are follows. These responsibilities may be varied depending on the policies of construction companies.
Supervisors responsibilities
The supervisors overall safety responsibility is to identify hazards and unsafe work practices and correct them before an accident occurs. Effective Supervisors know how to motivate employees, and when discipline is necessary they know how to apply it fairly. Key supervisory responsibilities: Ensure that employees have been properly trained and can perform their assigned work tasks safety. Require employees to demonstrate the ability to perform work tasks safely before permitting them to work independently. Periodically review each employees safety performance. Ensure that employees have additional safety training or are disciplined when they dont do their jobs safely. Supervise employees when theyre receiving job safety training.
Responsibilities of employees
The employee shall not willfully interfere with or misuse any means appliance, convenience or other things. The employee shall use the means or appliance provided. The employee shall willfully and without reasonably cause do anything likely to endanger himself and others. The employees shall comply with requirements of Factories Ordinance.
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P 1.3 Evaluate the penalties for non-compliance with current health and safety legislation.
Offences, penalties and legal proceedings Offences and penalties for non-compliance section 108
In the event of any contravention, in or in connection with or in relation to a factory, of the provision of this ordinance or any regulation or order made or direction issued there under, the occupier or (if the contravention is one in respect of which the owner is by or under this ordinance made responsible) the owner of the factory shall, subject as hereinafter in this ordinance provided, be guilty of an offence. In the event of a contravention by an employed person of the provisions of part X with respect to duties of persons employed or of a contravention by any person of any regulation or order made under this ordinance which expressly imposes and duty upon him, that person shall be guilty of an offence and the occupier or owner, as the case may be, shall not be guilty of an offence in respect of that contravention unless its proved that he failed to take all reasonable steps to prevent the contravention. Where an offence under this ordinance committed by a company is proved to have been committed with the consent or connivance or, or to have been facilitated by any neglect on the part of, any director, manager, secretary or other officer of the company, he, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
Fines for offences for which no express penalty provided section 109
(1) Subject as hereinafter in this ordinance provided, any person guilty of an offence under this ordinance for which no express penalty is provided by this ordinance shall be liable (a) In the case of a first offence, to a fine not less than five thousand rupees; (b) In the case of a second offence (not being an offence in respect of a continuation of an offence referred to in subsection (2), to a fine not less than five thousand rupees but not exceeding twelve thousand five hundred rupees; (c) In the case of a third or subsequent offence (not being an offence in respect of a continuation of an offence referred to in subsection (2), to a fine exceeding twelve thousand five hundred rupees but not exceeding twenty five thousand rupees (2) Where any person convicted of an offence and punished under subsection (3) Continues the contravention in respect of which he was so convicted and punished he shall (subject to the provisions of section 110) be guilty of a further offence and liable in respect thereof to a fine not exceeding five hundred rupees for each day on which the contravention was so continued.
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Penalty of persons actually committing offence for which occupier is liable section 114
Where an act or default for which an occupier or owner is liable under this ordinance is in fact the act or default of some agent, servant, worker or other person, that agent, servant, worker or other person shall be guilty of an offence and liable to the like fine as if he were the occupier or owner, as the case may be.
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P 2.1 Analyze organizational health and safety policies and safety policies and procedural documents.
If there is a particular organization, there should be a health and safety policy which is developed by the top management of that organization. It should be included with relevant data collected from all the divisions of the organization. Organizational safety policy should show that the organization commit to improve safety and health performance. The policy should cover, management intent, responsibilities, budget (that funds are available for health and safety issues), authority, emergency procedures and requirements on all to report incidents etc. In this organizational safety policy they have committed to ensure employees and contractors health, safety and welfare. Also they take the responsibility if anyone gets affected by their activities which mean this policy provides the information about the people who are responsible for what. But they havent given facts in detail. In addition they commit that they provide and maintain safe machinery to ensure that the employees are safe by judging the risk periodically. This shows that it covers the management intent. Provide necessary information for them to work safely plus to reduce the safety issues and at the same time they are doing the adequate supervision too. But having a safety policy in an organization is not sufficient, it has to be implemented, maintained and reviewed periodically so that each and every employee should be made aware of that. Also they have quoted that the person who is responsible for this overall safety policy. This safety policy must include that they commit all these things which are mentioned below. Training is one of the main things as the employees are supposed to have knowledge about the first aid and etc. Not only that you should give publicity on available training. Collecting information about the accidents occurred and any injuries or sicknesses caused are also important. Therefore they can take actions to prevent those accidents. In addition to that promotion of consultation and participation between all employees is also be inserted in the policy. As the safety coordinator of this company I suggest to add these commitments into this company safety policy in order to reduce or prevent any hazards and to improve the safety of the employees including the other people who get affected by these activities. I am supposed to analyze the existing procedures of this ABC Company as the new appointed safety coordinator working directly under the project director. I should instruct quality assurance engineers and safety supervisors to reduce the accidents happen at the site. There are a lot of procedures arranged to improve the safety of the workforce and the other people. Since there are about 1800 workers are there at the site, safety is more important so that there are about thirty five supervisors working under the quality assurance engineer.
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This committee is responsible of the development of safety policies and the procedures as they are supposed to monitor and review the health of employees. They are free to change or make new policies to the workplace, policies or work practices or suggest any proposals or procedures in order to develop the health and safety of the workforce. Also they have to promote the importance of health and safety among the workforce of the site and the management as well. Also they are responsible to monitor the safety performance of the organization and treatments of the injured employees. Also they have to help in the resolution of health and safety disputes.
First-Aid procedure
First of all the first aid must be given to the person. And then arrange the transport to accompany him to the doctor or to a hospital. Also others should ensure that he will not get any further injuries because of the transportation. Supervisors and the top management should be notified about the accident happened. The most important thing is that others should take out the injured person without disturbing the scene of accident and then accompany him to have the further medicines or checkups. But in this site first aid arrangements were not considered. So a proper training should be given to the employees about it and also to keep the records of them.
Emergency drill
This is another important procedure which instructs the employees to react in any emergency case such as a fire or any other blast. This shows what are the routes, employees should take whenever there is an issue like that. This should conduct periodically so that the employees can make sure that they are safe even in such hazards if they respond in no time.
There are many advantages of having a work permit procedure at a site where the audit can be done. And also then employees plan for safe work. Moreover it makes the trade person feel confident. There will be a step by step logical approach and clear line responsibility to the management.
2.2 Determine training needs from given risk assessments, including onsite induction training.
There are around 1800 workers at this site, under three sub-contractor levels. There are twenty engineers working in the company as project managers, design engineers, quality assurance engineers, supply engineers and site engineers. There are about thirty five supervisors also working in the company. Therefore the health and safety of the whole workforce is so important. Because the workers have to face hazards and risks often when they get into different projects. So in order to increase the safety of the employees they should have a proper training on safety so that they can ensure that the risks are low. There are mainly three types of industrial training. General Induction Site Induction Task-specific Induction
General Induction
This induction provides a basic knowledge to the employees who work in construction sites about the OSH laws, risks in the site and any other common hazards so that they can prevent those hazards.
Site Induction
This provides information of the contractors rules and procedures for the safety of the site, emergency management, the supervisory and reporting arrangements and any other issues take place in the site. Also the principal contractor must make sure that the employees have been given site specific induction for the site before he starts the construction work. Site specific induction is an introduction which makes aware the employees about the hazards and the risks they may have to face and how to minimize them. Before starting a new site, this induction should be conducted by the site management with the employee representatives. This should include about the safety rules and policies, welfare facilities, emergency procedures, how to report accidents, first aid provisions, details of the consultative process of the site. All the employees and the site visitors should attend to this site and make aware of themselves so that they can reduce the accidents occurring in the site.
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Task-specific Induction
This provides information about the risk factors and control measures relating to particular construction task. Also it depends on the activity which is done in the site. There is another type of training called competency based training which required when operating cranes, any other lifting machines, erectors and scaffoldings.
And in this site about 1800 workers are there and training is conducted first for 1000 employees. And training needs analysis must be done to all the people including the top management of the organization depending about their roles and responsibilities. Also there must be a recording system for the training and it should be maintained properly.
When analyzing the accidents that have happened at the site, there had been a total of 121 accidents and two of them were fatal. 24 serious the fatal accident has happened due to fallen from a height of 50 feet and also a worker died due to fall of crane at the site. Out of the 24 serious accidents, 14 were due to falling from height, 6 due to lifting materials and 4 due to electricity. Out of those accidents very few accidents were discussed at the safety committee and investigation records were not available for reference. Most of these serious accidents have happened due to heights at the site. As the safety coordinator of this organization I suggest that the workforce should have a proper understanding about the risks of heights. In addition to that workers should have proper equipment like the scaffoldings and they should be thoroughly tested before the workers get them to use. Many of them occurred because of the lifting machinery. I recommend that all the workers should have specific induction so that they get to know information about the risk factors and control measures relating to particular construction task. And if something goes wrong with the lifting machines it wont just harm the person who is uplifted but all the others who are working around it. So better be careful on these machines properly. When it comes to electricity, it is very dangerous unless you know how to handle it properly. To prevent any accidents site engineers should use tag and lock procedures to make them aware and display safety signs at the places where a harmful occurrence can happen due to electricity. I recommend that the employees should be given a proper knowledge about the first aid procedure. Because first aid is important as it would help to minimize the injury or the risk of a person who got injured. Sub-contractors are responsible for this procedure first aid. Even the emergency drills are supposed to be a procedure of this organization even though it did not last for a long time.
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Further I suggest a session where the workers would be taught of properly using the several personal protective equipment (PPE) used for different activities at the site to again minimize risks, injuries and serious accidents.
Conclusion
According to the inspections or the analysis done, there are several things happening at the site which makes minimize the safety of the employees. There are no records of health and safety inspections. Emergency drills were conducted but only in the beginning. Accident informing system is not available at the site. Risk assessments were available but only for some activities. And first aid arrangements were ignored by the sub-contractors and the employees have not trained properly because of that. Accidents wererecorded while sending the injured persons to a doctor or to a hospital. In addition to that work permit systems, tag and lock procedures were maintained properly. Moreover there have been some serious accidents at the site due to heights. So I would like to give some recommends so that the site can improve the safety and health of the site.
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Reference:
Lectures notes www.labouurdept.gov.lk
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