Health and Safety in the Construction Industry - Essay Example

Health and Safety in the Construction Industry - The Legal Provisions In general the employees are in need of an employment, as it provides the worker with a means of livelihood. While on the one hand the employees are required to make use of their skills and abilities to come up with the best product or service, the employers too are required to accord due respect to the different types of needs. The system works fine as long as enough motivation is provided by the employer by way of respecting the needs of the employee. The construction industry too requires able people to carry out the planning and construction activities so that the building being made adheres to all the requirements. The requirements could be in the form of legal provisions of the state, environment protection measures or in the form of the stipulated needs of the customer. In order to safeguard the interests of the workers, the respective governments come out with measures safeguarding the interests of the employees. The Health and Safety at Work etc Act 1974, also known as HASAW or HSW, is one such legislative measure adopted by the government of UK, which covers occupational health and safety in the United Kingdom1. A company requires able people to carry on with the business in the best possible manner. Therefore, the relationship between the two parties is of mutual benefit and for the relationship to work, both parties have to agree to certain terms of agreements. The construction industry is no exception. The construction industry is known as a labour intensive industry with people from different skill levels contributing their bit towards the project. There are the labours who might not be educated enough to know about what's happening around them. Quite often, while working against time to meet tight deadlines or to save on the costs, the workforce happens to be at a disadvantage. The agency carrying out the construction activity and the company having accepted the terms for the project are required to manage the project in such a manner that the project is completed and handed over to the customer within the stipulated time period, without any untoward incident/s. Project Management as such is the planning, organizing, directing and controlling of company resources for a relatively short-term objective that has been established to complete specific goals and objectives (Kerzner, 1995). Producing high levels of productivity and quality and low levels of uncertainty additionally are objectives of project management. The uncertainty arises mostly out of ill planning and unwarranted delays on account of a reasons like disputes or accidents. The successful construction project management will therefore be the management of all the factors that surround and enable the construction as well as the technical work to be accomplished. This form of management as such is a set of principles, practices, and techniques applied to lead project team and control project schedule, cost, and performance risks in order to delight the customers. The customer will feel delighted when the project management team displays its expertise in the planning and successful implementation of the project and hands over the finished product in a hassle free manner. In one of its report the National Audit Office (NAO) has enlisted some barriers which need to be overcome and bring about changes in attitudes within the construction industry towards improving the health and safety performance. The NAO report states that, "Under health and safety legislation those who create risk are legally responsible for controlling and managing that risk" (NAO, 2004). This specifies that the responsibility of coming out with measures for controlling and management of the risk lies with everyone involved in the supply chain. In fact in today's context when globalisation and competition happens to be a rule rather than exception, every company desires to retain the best working hands while making all efforts to remain out of controversies. The reach and impact of media has become a powerful tool which can alter the fortune of any company by way of adverse impact on sales, legal punitive measures from the regulatory body or the government. Often competitive companies do not hesitate in taking advantage of such situations. Therefore, it is under such circumstances that the legal framework is put up to make sure that the construction industry too adheres to the rule of law. While it is the responsibility of the citizens and law abiding corporate houses to make sure that the law is adhered to in letter and spirit, the pressure of adverse media publicity and loss of customer base also helps in making sure that the companies adopt enough safeguards for their workers. But there are certain circumstances which do require the intervention of the state and legal network, to avoid the situation from going bad to worse. The factors which assists in adopting safety and regulations measures and prosecuting errant management include; the statute, health and safety regulations and case laws relating to the prosecution of the supply chain members. In general, if we take into account the mutual agreements etc into account, it is observed that, the worker is supposed to be clear about his/her preferences, expectations in the form of salary, perks, privileges, leaves etc. The company on its part, will judge the suitability of the individual by correlating his/her expectations, abilities and company's position. If all goes well and the individual is found suitable, the company makes an offer of employment explaining some of the requisite details. This offer document often contains explanations about inherent risks with the job as well. The worker is then supposed to go through the details and agree to it, before joining the work in the company. But it is equally true that before taking on the recruitment exercise or before entering into the business, the company too is required to be aware about the potential risks being involved and the statutory provisions that the company is supposed to adhere to in order to make the working environment safe. The office of Public Sector Information explains that in order to ensure health and safety on construction sites2, "Every contractor carrying out construction work shall comply with the requirements of regulations 26 to 44 insofar as they affect him or any person carrying out construction work under his control or relate to matters within his control". The regulations 26 to 44 in turn stipulate a number of measures like, safe places for work, good order and site security, stability of structures, demolitions and dismantling, vehicular movement, fire detection and extinguishing measures, emergency evacuation plans, protective measures from extreme weather conditions etc. in order to ensure the safety of the employees as well the properties of the employers. Organisations like NAO having the responsibility of auditing the accounts of central government departments, public sector undertakings and other such agencies has the added responsibility of highlighting the aberrations observed in the industry. In one such report, NAO thus suggests that before implementing some technology, project or plan the employer or the company is bound to put in place measures safeguarding the interests of all stakeholders. The construction industry is one of the frontal and foremost industries shaping the development and destiny of a nation. It contributes to the development by way of constructing roads, buildings, hospitals, factories, dams, smaller houses for living, schools & colleges, railway tracks, bridges etc. This way the construction industry can be said to play role in setting up the foundation for all other types of industries and developments. The capital investment in infrastructure, factory and office premises happens to be one of the main strengths of a company; therefore it is a key driving force behind the economic fortunes of the company as well as of the state. Therefore, protecting the stakeholders responsible for shaping the construction business is a prerequisite for ensuring smooth functioning and an all round development. The workforce in construction industry is exposed not only to health hazards, but the temporary nature of employment also keeps the workforce on tenterhooks. Such a working environment often requires legislation support because the employee-employer relationships happen to be quite fragile and short-lived in nature. Moreover, if somebody suffers with adverse consequences like the loss of limbs, he or she is considered a misfit for the job. To protect the interest of the worker in such a scenario, the health and safety regulation provisions under article 47 (6) that the death of, or injury to, any person (including any disease and any impairment of a person's physical or mental condition) will be construed as a 'damage', inviting the provisions of civil liability. Workers in construction industry are exposed to a range of risks with exposure in varying degrees depending upon the job site, the construction company, the environmental conditions etc. Some of the hazards include; i. Physical injuries due to physical fall, machinery faults, adverse weather, gas emissions etc. ii. Physical injuries like numbness, deafening etc. due to exposure to continuous noise, vibrations or inclement weathers iii. Inviting diseases like Silicosis and asbestosis on account of regular exposure to chemical hazards like dusts, fume gases or vapours. iv. Ergonomic disorders like cumulative trauma disorders (CTDs) or milder versions of pain in neck, hands or other body parts. v. The construction work being temporary in nature, a large number of workers are taken as temporary employees for the completion of the project. Frequent changes in jobs might often lead to psychological disorders amongst the working community. vi. Seasonal diseases like Malaria, Pneumonia inviting fever etc. If the construction workers keep facing such difficult times and hazards and it is found that the government is not able to do much for their life and sustenance, it might result in creation of law and order problem for the country, besides impacting the economic activities. Therefore, the government is duty-bound to come out with measures protecting the interests of the workers as well as other stakeholders. The legal provision in the form of 'Health and Safety at Work act' is one such provision which deals exclusively for the protection of the interests of the working community. The NAO suggests that all those components in the industry which are required for the industry but with them there is some amount of risk as well for the workers, then it is the duty of the agency or the concerned management to see that protective measures are also taken. For example, if a crane operator is supposed to work in deep pits excavating the earth and risking the fall off stones, then it is the duty of the crane operating agency to ensure that the operator is always putting on a protective helmet, has sufficient communication gadgets and warning mechanism to work with. On the other hand the project managers are supposed to see that all such measures are in place before the contractor starts working on the site. It is worthwhile here to mention that the Health and Safety at work act cannot be operated in isolation, but its actual implementation depends upon a number of other legal provisions within the rule book. For example, the 'Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995' requires that in case an accident takes place at the work site, then the employer is legally bound to report the incident to the local authority and Health and Safety Executive (HSE). But, a number of social activists and NGOs have also highlighted the imbalance in the nature of the implication of the law. For example, if there are some fatal accidents during the construction activities resulting in death of some workers, then it is often seen that the management is only tried for negligence etc. which gives them a long rope in escaping the severe provisions. But on the other hand the concerned families suffer immeasurable pain and trauma for the rest of their life. Analysing the 'Don't Kill' Bill! i.e. 'The Corporate Manslaughter & Corporate Homicide Act 2007', Black and Coatman (2008) say that the existing arrangements often fail to prosecute large organisations. It has been pointed out that out of the 34 cases of corporate manslaughter in which prosecution proceedings were initiated, only 6 cases could result in conviction. Moreover, the existing laws were found wanting in reflecting the modern corporate environment which calls for ethical behaviour together with provisions like green buildings, greener technology etc. Such provisions are meant to send across a message to the workers that the government is indeed concerned about the well being of the citizens. But at the same time, such provisions are meant to imbibe a sense of responsibility amongst the corporate houses, the suppliers and other related business entities in the chain. At the same time, the provisions are also meant to inform and educate the workers about their rights at the workplace. Taking good care of their working environment and adopting adequate safety measures is also a duty of the worker. It is worth emphasizing that an individual is responsible not only for his/her own safety but towards the safety and security of other colleagues around him/her. References: 1. Black, Mark and Coatman, Jonathan (2008). 'United Kingdom: The 'Don't Kill' Bill! The Corporate Manslaughter & Corporate Homicide Act 2007'. Available online at http://www.mondaq.com/article.asparticleid=56172 (January 25, 2009) 2. HSE (2008). 'Health and Safety at Work etc Act 1974'. Health and Safety Executive. Available online at http://www.hse.gov.uk/legislation/hswa.htm (Jan 24, 2009) 3. HSE (n. d.). Health and Safety at Work etc Act 1974. Available online at http://www.hse.gov.uk/legislation/hswa.pdf (January 24, 2009) 4. Kerzner, H. (1995). Project Management: a Systems Approach to Planning, Scheduling, and Controlling. New York: Van Nostrand Reinhold. 5. OPSI (1995). 'The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995'. Available online at http://www.opsi.gov.uk/SI/si1995/Uksi_19953163_en_1.htm (January 24, 2009). 6. OPSI (2007). 'The Construction (Design and Management) Regulations 2007-Part-4: Duties Relating to Health and Safety on Construction Sites'. Office of Public Sector Information. Available online at http://www.opsi.gov.uk/si/si2007/uksi_20070320_en_5#pt4-l1g25 (January 24, 2009) Read More