feedback on 22 jun 2005 dialogue

7/27/2019 Feedback on 22 Jun 2005 Dialogue

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"Co-defining responsibilities in OSHMS in construction industry: learning from the UK experience" on 22 June 2005

FEEDBACK ON PROPOSED DUTIES AND RESPONSIBILITIES UNDER THE PROPOSED WORKPLACESAFETY AND HEALTH ACT (WSHA)

A DUTIES AND RESPONSIBILITIES OF DEVELOPER

DUTIES &RESPONSIBILITIES

FEEDBACK / SUGGESTIONS

From who About what

2. Reasonablysatisfied that thedesigner andcontractor heintends to appoint

are competent

Developer The authority should define clearly what criteria are necessary as acompetent designer and contractor

Subcontractors should be licensed by BCA to ensure competence

What is the qualifications & training required for the coordinatorOn what basis that we define the contractor or designer are not

competent? As far as the designer is registered under the Act, they arecompetent to do the job.

Is it sufficient to based on the past track record professional qualificationand registration with professional institution for designer competencyIn order to enable developer to engage competent architect/engineer &contractors, there must be only competent architect & engineer&contractor to be able to be registered with PE Board, SIA, & BCA. Inother words, PE Board, SIA should ensure architects & engineers mustpass exam on the site safety course. Likewise contractors must havegood track records and good safety practice in place before BCA allowing

them to become registered builders.Designer This is rather vague, how reasonable is reasonable. Set up some criterialike track records as to safety of designers design & contractors pastsafety work records.

How does a developer assess the competency of a designer and

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contractor? In terms of safety & health courses attended or what?Designer or Planning Supervisor to make the definition clearer

What about ensuring adequate resources and time for the designer andcontractor?

Contractors Role of QS to be defined. They advise developer on cost for the works &VOs & this has an impact on carrying out the works safely.

Safety Officer Developer should also be require to have OSHMS & audits of their projectso as to have a feel of how good or bad each contractor is.

Supervisors Competent? How to assess? Lowest Quote?

Competent -- How to determine the competency level?

This duty is too loosely defined2. Provide adequatebudget for safety andhealth in the contract

Developers Any guideline on the % of safety budget for the various types of project?

Contractor should price consciously for safety provisionsYes agreed. But what budget is considered adequate?

Are we referring to ACC contracts irregardless of the contract value?

MOM & BCA should clearly spell out all the safety & health requirement

without ambiguity, so that contractor can price it accordingly & developerscan have adequate budget for it

Designer Need to set it as a key criterion during tender analysis stage. This must bestrongly endorsed by the developer first

Another vague term, how adequate is adequate , perhaps somesuggested figures, say 5%

Contractors Should clearly state the safety budget so contractor have common playingplatform

Developer should play/participate in active role, how the project is carriedout safely. This should be spelt out. They must prove that the budget is

adequate.Should include contract period besides budget amount

Safety budget/ provision in contract should be firm & not subject tocompetitive bidding. Mechanism can be worked out

Safety Officer Safety budget should be audited to ensure that it is not just paper play

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How to ensure budget for S&H in the contract are verifiableSafety budget should not be part of tender price & be made known & fixedaccording to project size / complexity

Supervisors -3. Ensure all relevantrisk info about worksiteis pass on to designers& Contractors

Developers Developer does not necessarily know all relevant risk. It is more aquestion of reasonableness

Developers are not able to know all relevant risk information. Designers &contractors should visit the site before designing & commencement ofwork. They cannot claim they are unaware of the site condition & itsassociated risks.Designers are more familiar with the site condition & relevant associatedrisk before & during their design. Therefore they should be the ones whohighlight the risk information instead of developers

Only those that competent designer/contractor may not reasonably beexpected to knowYes, if the information is available. However, designer and contractors

should also carry out their own checkingWhat happens if the developer is a layman? How can he mitigate risk inthis instance?Designer and contractor are in better position to know the risk rather thanthe developer

Designer Agreed, but not charge him a hefty admin fee or worse still, ask him tolook for it in the office of the developer

Contractors Implement a feedback mechanism on a continuous basis, from the lowersegments of the supply chain

Developer knows the risk? Developer should know the riskSafety Officer Relevant risk info about worksite must be passed on to designers &

contractors before / or in early stages of work commencement

Supervisors -

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B DUTIES AND RESPONSIBILITIES OF DESIGNER



From who About what1.To avoid foreseeablerisks in his design soas to reduce workplacesafety and health riskduring construction,maintenance anddemolition of thebuilding

Developer Designer must have site experience to be able to identify constructionrisks

How do we qualify the competency of designer?Agreed!

Designer Instead of demolition should be subsequent demolition of the building

Designer must be empowered too ie power to design independentlywithout interference by client/developerProvide adequate time to think through the design and bring all designerson broad early

Developer must now appoint contractor early for designer to work with toquantify and to mitigate the risksTo define foreseeable risk ie designer need to be trained on safety andhealth aspect. Integrate safety and health into design

Safety design mindset is key to avoid foreseeable risksDesigner shall be aware of risks may arise in his design product andattempt to reduce such risks

How would the designer be able to foresee safety and health risk fordemolitions, too far into the future

Contractors Ensure that the assumptions he makes in his design hold in the actualconstruction process

Employer Should define the level of adequacy of his safe designs maybe thereshould be review/audit mechanism to ensure genuine interest in reducingrisk. Low risk-high cost/price

Safety Officer -

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Supervisors Need to promote on accessibility for maintenance of buildingusuallylacking by designersTake out demolition May be difficult to assess risks as building lasts 30yrs, technology changes

Workers -2. To communicate tothe contractor aspectsof his designs thathave peculiar or majorrisks

Developers Contract administrator should partner with contractor to ensure/supportOSH @ site, not just transferring risks to contractor and MOM

Not the risk but the mitigation measures to be adoptedArchitect/engineers/designers who are familiar with site condition duringtheir site planning and structural design process. They should be able tohighlight and caution contractors before and during construction process

Designer Provide longer tender period with adequate tender interviews

To work out reasonable scheme of construction together rather justcommunicate and leaving everything to contractor

To communicate to is insufficient. Must be dialogue to identify any risks

For big projects to enable designer to do this, put into good work practice

that there must be joint meeting with developer, contractor design right atthe beginning

Designer can design a safe design but who is to ensure that the designintent is carried out

Contractors -Employer Should appoint a permanent person to oversee the whole process

conceptual to use ie birth to cradle eg QPs could be the one

Should include Risk Assessment in their communication to the contractorSafety Officer -

Supervisors What form of communication? Oral, written? Who ensure?Workers -

3. To co-operate withthe contractor in healthand safety matterspertaining to his design

Developer -

Designer If co-operating result in additional cost to the project, would it constitute avariationDesign may be too far developed to be addressed fully when main

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contractor is finally appointedHow does a designer co-operate with contractor? At what stage of theprocess? Tender stage or construction stage?

May create contractual issues when there is disagreement betweendesigner and contractorTo co-operate with the contractor as early as possible in health safetymatter pertaining to his design

Contractors Need to have clearer definition off cooperationThis may result in conflict between designer and contractor and causingdelay.Who will bear the cost?

Employer Must have a proper mechanism to do this as nobody will start doing this ifno one else start it

Designers should be familiar with S&H in their workSafety Officer -

Supervisors Needs to be an iterative process and may affect contract sum.

Developers should realise this and be prepared for variationsWorkers -

C DUTIES AND RESPONSIBILITIES OF CONTRACTOR

1. Take responsiblesteps to ensure co-operation of every oneon site

Developer Most support safety officers & supervisors in carrying out their duties /responsibilities.

Designer Ensure sub-contractors are competent & adequately resourced includingenough time for the work.

Contractors Contractor should make more effort to ensure all staff & senior managementunderstand their roles in terms of safety. Such understanding should be thefoundation to improve overall culture.

Unless design & build contract. Contractor cannot be responsible to ensure

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co-operation from consultant.What is the scope of the co-operation?(a) expected?(b) possible? Responsibility must be backed by authority .

Employer -Safety Officer Too vague, should define responsible steps or necessary steps in greater

details (if possible). There must be greater visible ownership of safety.

Supervisors Who is ultimately responsible for contractor? Directors or PM ?Workers -

2. Ensure thecompliance of healthand safety rules

Developers Contractor meaning directors of company or just up to project managerswho are directly involved in the project?

Emphasize through education not penalty.Designer To encourage partnership as the new impetus to manage risk, how does or

will the authority get involved to manage the work of the contractor.

Contractors -

Employer -Safety Officer Agree that contractor is to ensure compliance of S + H rules.

Supervisors -

Workers -

D DUTIES AND RESPONSIBILITIES OF EMPLOYER



From who About what1. Provide adequate

Safety and Healthtraining to all

Developer Define employer all stakeholders are employers.

Designer Right at the beginning of the project.To redefine employer or to add sub-contractor to the employer to

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relevant personnel make the definition clearer or to avoid any ambiguity.Training is good. However safety and health practices are attitudes &perhaps culture of individual or in this case employer.

Contractors Most of S+H training are frequently forgotten after several months.Need to specify re-training.

Employer -

Safety Officer Employer include sub-con also?- Usually sub-con do not have any budget & experience, competence &expect the main con to provide for all safety aspects / provision.How about self employed?Who is employer?

Supervisors Should there be continuous training?Who defines adequacy?

Workers -

2. Ensure welfare forhis workers

Developers What is the definition of employer? Is a developer an employer too?

Designer Set out good practice as the minimum welfare.

Contractors -Employer -

Safety Officer Include safety, health and welfare for his workers.

Supervisors Too vague, should emphasize safety aspect.

Employer should ensure that workers are provided with the right PPEunder different hazardous environment.

Workers -

E DUTIES AND RESPONSIBILITIES OF SAFETY OFFICER

1. To advise thecontractor on safetymeasures andimplement these

Developer -

Designer How to engage RSO that is completely independent and with the power tocarry out implementation since they still come under the contractorspayroll. It ought to be independently engaged by the client.

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measures uponapproval

This is done currently but there are contractors who do not act on it orpay only lip services to the advise.

To advise contractor on safety measures have 4 levels of priority :Level 3 contractorLevel 2 Designer / ClientLevel 1 Authority


Safety Officer Include safety and health measures & implementation.Approval by project management or developer?Implementation of safety measures should be carried out by project teammembers.

RSO should not be employed by contractor but be an advisor to owner /client instead.

Supervisors -

Workers -

2. To help contractor toimplement OSHMS &S&H Plan

Developers -Designer -


Safety Officer Preparation of S& H plan should be a team effort with RSO as the teamadvisor /facilitatorTraining needed to be provided by MOM on developing actionable S & hplanHow about developing OSHMS? Who does it?

Supervisors To help contractor to implement but never spelt out specifically whoshould implement the plan?To help is not specific

Workers -

3.To inspect theworksite for safety

Developer Responsibility of all to inspect for safety contraventionDesigner To add together with the project personnel.

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contraventions This will ensure hazards are spotted as a team with no disputeTo state the level of urgency on the safety contraventionIe to top work level 1

To rectify within one hour - level 2


Safety Officer Frequency of safety inspection to be carried out at the worksite?

Currently RSO inspect & identify & are expected to rectify the non-compliances as well. But RSO , all supervisors only - ie no power tocontrol resources.RSO bosses all saying : we know the problems - please do not tell usanymore - do something.

Supervisors -Workers -

4. Assist in theinvestigations of

accidents anddangerousoccurrences

Developers Ensure, not assist

Designer -


Safety Officer Investigations of accidents & dangerous occurrences is the responsibilityof line supervisor

Supervisors -

Workers -5.Organise activities topromote safetyawareness

Developer Contractor must allocate sufficient funds for safety promotion in the firstplace

All recognise Spore construction industry rely mainly on foreign workerswho are transcient Cultural or Behaviours emphasis is alsorecognised. Pl evaluate some means, perhaps from workers levy fund, toincalculate these.

Designer -

Contractors Should be first initial by management with allocate budgetEmployer -

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Safety Officer How about training ? Who conduct safety training?In addition to orgainising safety promotion

Supervisors -

Workers -6.To stop the workwhen danger toworkers limbs andlives are imminent

Developer Who wil l cover the business lost?

Should stop the work if an unsafe act/ operation is going to occur Notdependant on injury occurrence.

Contractor sometimes employ RSO directly. Not in the interest of RSO toissue stop work order

Safety Officer must be independent of all parties to be effective

It can only be workable if RSO is employed by the Client/developerRSO if directly employed by MOM, otherwise may have conflict ofinterest

To stop the unsafe act or conditions immediately, with immediaterectification or briefing.- Temporary stoppages whereby work to resumeonce rectified

It should be clear that it is not the responsibility of the RSO only to stopwork. It is everybodys responsibility.

Designer How to address potential problem of abuse of this power of Safety officer?This should be the responsibility for all party not the safety personnelThis will project the wrong picture that safety officer is the only personauthorise to stop work.

RSO must be empowered by the law and safe guard from beingterminated, harassed,intimidated or discriminated when he does theseTo get endorsement of the site PM or the higher authority on site.to stopthe work when danger of the workers

Contractors PM should stop the workProject Manager the main person running the project should call for stopwork, NOT RSO

Employer -Safety Officer Who will cover business losses due to stop work issued by RSO when an

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SWO is issued and no accident happen?Proper training to be included for RSO to issue stop work order

RSO does not have real power to stop work- only the business owner hasthis power. How can the law be made to require RSO to stop work then?

All persons on site should be given power / whistle blower.

It may not work as RSO is getting pay from the contractor. How aboutput this under the PM?

Supervisors Who has the right to order stop work under present situation? Can aworker does so?What s the position under common law?

Workers -

F DUTIES AND RESPONSIBILITIES OF SUPERVISOR

1. Promote safeconduct of work

Developer -

Designer To conduct daily task and potential risk briefing before start workContractors -

Employer -Safety Officer Set guideline to how many workers to one supervisor?

Some site, one supervisor takes care of all workers. Worst still, onesupervisor must take care of several sites.

Should be part of the team for:- risk assessment- accident investigation- training (internal)- preparation of H&S plan

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Supervisors Change promote to advocate.Supervisor may not be knowledgeable & competent enough to promotesafe work.

He should ensure that all workers have gone through adequate training.Workers -

2. Inspect workplacebefore workcommences and rectifyany unsafe conditions

Developers Supervisor should hold task meetings at start of day to allow workers tofeedback.

Designer -Contractors -

Employer -Safety Officer -

Supervisors Not before! should be before, during and after

Workers -3. Correcting unsafepractices

Developer Participate & give input for development of safe work practices

What would be the minimum qualifications & training required for sitesupervisor with the change of regulations that would be implemented?

Designer -Contractors Most supervisors are overloaded & may need to care for more than 20

workers and in charge of large scope of duties.How to ensure that they have sufficient time to care for worker safety?

Employer -

Safety Officer -Supervisors Supervisor may not have authority to fully correct unsafe practice. E.g.

need higher authority to approve hire of boom lift etc.

Proposal 3 already stated in 2Proposal 2 & 3 can combine into one and add periodic review.

Workers -4. Inform workers ofpotential hazards andpreventive measuresto be observed before

Developers -

Designer -


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commencing work orwhen there is a changein process orconditions (eg tool boxmeeting)

Safety Officer -Supervisors Just inform & no other actions required?

Workers -

5. Inform contractor orsafety officer of unsafeconditions, acts orpractices

Developer -Designer Supervisor must be protected(like worker) from being terminated or

discriminated or intmidated if he does that.


Safety Officer Should be given the power to stop work/inform authority of any unsafepractices on site.

Supervisors Inform contractor and/or safety

Workers -

G DUTIES AND RESPONSIBILITIES OF WORKERS

1. To comply with siterules and regulations

Developer -

Designer -

Contractors Worker cannot be loaded with too many cerebral (non-physical)responsibilities!

Employer -

Safety Officer -

Supervisors What are the penalties for non-compliance?

Are the rules & regulations easily understood?Can a worker tell the difference between a true set of rules from a fake?

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Safety Officer Supervisor should respond to the workers complaints on unsafeconditions.

Supervisors Supervisor must be clear on how to manage such reports of unsafe acts,conditions/practices and the course of action to take as well as theconsequences.

The workplace culture & attitude of supervisor/RSOs should be such that

it is encouraged all kinds of feedbackWorkers -

5. Right not to work ifwork condition orpractices are unsafe

Developer -Designer Can this be done in practice esp. in todays environment? Suggest that

there must be laws or good practice to protect workers from beingterminated or transferred or retired or discriminated or harassed orintimidated.

If worker exercise his right not to work, is there any protection under anyAct that he will not be wrongfully dismissed.How to prevent abuse by worker?

Contractors Most workers are here to work and most of them are under control of theiragent. Any safeguard procedure to ensure he continue to have workshould he decide to stop work?

Employer -

Safety Officer Agree, worker should have the right not to work if conditions or practicesare unsafe. However, who is to arbitrate?Should be given to power to stop work of peers & inform the relevantauthorities/unions/siso etc.

The law must really protect them if they exercise this right.Supervisors The worker may not know what condition is right or wrong.

Worker employed by employer. They may not dare to voice out.

How to determine the risk level? At what level should they say not towork?

Workers The workers may be sacked if they do this. How are their livelihood rightsbe protected? Need to consider their dilemma.

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What is the position under common law?What if supervisor has deemed safe, but worker still feels dangerous?Who defines safe or unsafe?Who takes ultimate responsibilities.

Workers should not be penalised or victimised if they raise such request.Difficult (very subjective) to ascertain what is deemed to be safe orunsafe.

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feedback on 22 jun 2005 dialogue

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