Safety in Construction Contracts Presented By: Ramy besaiso Instructor : Eng: Eyad Haddad Chapter 10

If you don’t run a safe job,you may ruin a good one. J.Hinze

Introduction Safety legislation tends to increase awareness of construction injuries on the overall cost. There was a concern to make a indemnification provision by the owner for the injuries.

Construction contract documents may be written with no mention of safety, …..if they are the contractor still has an obligation to comply with existing laws and regulations

Introduction…continue Since the injuries cost are part of the construction cost,the owner interests to curb this cost if the costs are regarded as substantial. So, the owner tries (in the contract)to be positive in safety subject.

Compliance with Existing Laws & Regulations on Safety In contracts it is included that the contractor and the subcontractors should follow the regulations. This provision in contract have both psychological and contractual benefits for the owner.

The Contractor shall observe all federal, state, and local laws and regulations. Attention is directed to the regulations of federal and state agencies Such provisions don't expand on the requirement of complying with the existing laws and regulations

For example the following document outlines specific requirements : (a)The contractor shall keep fully informed of all federal and state laws (b) the contractor shall comply with all federal state and local laws governing safety, health and sanitation

Statement of Policy or Mission It is common to start the contract with a mission statement. “ we are committed to safety and integrate safety into all of our activities, Our commitment to safety is a priority item and we do not compromise our safety philosophy to meet cost, timing or scope of work objectives ”

Our commitment to safety means we are committed to doing things right that commitment is reinforced by stating that all personnel So the owner can alert the contractor that safety is to be taken seriously in the project.

Scope Contract provisions can defined the scope responsibility for the safety, for example,the owner can extend the period that the safety is to be considered (off working hours). accident prevention should be confined not only to the hours of working on the project but too the off hours as well

Each employee should endeavor to : 1- Work safely on or off the job 2- Have regard at all times for the safety of others 3- Use knowledge and influence to prevent accidents 4- Call attention to unsafe conditions 5- Realize individual actions may cause injury to others

Preconstruction checklist Safety planning may be addressed in the contract. “.. the contractor shall be prepared to discuss the measures intended to be taken to control hazards”

Contractor’s safety Program Many requirements are asked from the contractor to be added to the safety program. The safety program shall contains the following at minimum :-

* Regular weekly and monthly safety meetings * Subcontractor compliance. * Regular job-site safety inspection * First aid procedures * Plans for possible emergency situations (fire and explosions) The safety program shall contains at minimum :-

Contractual Safety Requirements Contractor must provide specified minimum safety training to workers Contractor must submit a site-specific safety plan Contractor must submit a safety policy signed by CEO

Hazard Analysis Some provision required to conduct hazard analysis. The Hazard analysis forces the contractor to focus on safety problem and to try to minimize or eliminate them.

Inspection of the work site by the contractor and by the owner Few provisions place the responsibility for inspecting the job site for safety hazard on the contractor. But the owner often take the right to conduct periodic reviews of the site safety conditions to determine the level and effectiveness of the contractors safety program.

Contractor Failure to Comply with Safety Standards If any failure to comply with the regulations or the agreement, the owner will: First-- notify the contractor of any violation to safety. Second-- the owner can suspend the work with waiver of any right to be claimed for such suspension.

Failing to correct hazards in a timely manner may result in non-compensatory delays.

Traffic supervisor and traffic plan Traffic supervisors are required to maintain safe follow of vehicles and people in the project. therefore indirectly affects the safety of the workers and Traffic supervisors often hold meetings with the owners similarly to safety supervisors

Indemnification Many contracts include that the owner has no charge of the procedure,methods…etc of safety. The provisions is included to ensure that the cont. are held responsibilities for injuries. “… the contractor shall indemnify the owner against any liability arising from violation of the regulations…”

The owner has the responsibilities for enforcing the provisions of the contract The contractor shall be solely and completely responsible for the conditions of the project site including safety of all persons and property in performance of the work

Incentives for Safety Most contract have provisions that have one of tow aims: 1.Pushing the contractor to follow the regulations 2.Indemnify the owner from injuries liability. This did not reduce injuries,but assure that the owner is nor responsible for the injuries. So some recent provisions were made to involve the owner in the safety plan,exp.(incentive/disincentive program)

This program that has two objectives : To promote construction safety awareness during the construction phase of the contract To reduce the number of claims against workers compensation insurance and by reduce or eliminate increased insurance premiums charged to the owner The owner has developed an incentive/disincentive

THE END Thanks for your attention…