Introduction.
It is submitted that most of the deaths that rake place in construction sites are attributed to failure to comply with statutory covenants in connection with safety of construction site regulations. In most jurisdictions compensation is the only available remedy on the basis of corporate civil liability. However, real culprits accountable for the failure go with impunity. The issue of whether a corporate shall be held responsible for the fault of senior corporate officers spawned much controversy. The fundamental issue that arises in ascribing criminal liability to a corporation is the complexity of ascribing a culpable mental state ( mens rea) to an artificial entity such as a corporation. On the other hand, the other view holds that corporate criminal liability can be implied on the pretext of the fault of senior corporate managers who are identified to this end as the corporation.
Salient construction regulations provisions Well structured construction regulations are a prerequisite for a proper performance of building and engineering contracts. There are a host of issues in connection with this matter; however, the essential items may be highlighted. The construction regulations must incorporate a provision that the contractor who plans to perform any construction shall before carrying the work notify in writing the competent authority for Construction Planning, particularly if the construction work includes use of explosives, dismantling of fixed plant, excavation work. Construction permit can not be issued if a revised or additional plan is requested or if a legal agreement is requested, or if approval of fire department is requested. It is incumbent upon the owner to furnish a documented health and safety specifications for the construction work. Every owner shall ensure, so far as is reasonably sensible that the construction stage of any project does not commence unless a health and safety plan complying with established technical standards has been prepared in respect of that project. With a view to ensuring safety measures, the contractor shall make a risk assessment be executed by a capable person as would include, among other things, assurance of sound structures, support work operations and fall protection. The contractor shall provide assurance as to a proper performance relating to excavation work, demolition work, a proper construction in conformity with recognized technical standards of scaffolding, and material hoists. Again, he must give assurance relating to the quality of mobile plant and construction vehicle in terms of design and construction. The contractor shall provide assurance relating to elaborate precautions to avoid danger to work from any electrical installations and machinery, use of temporary storage for flammable liquids on construction site. He must provide assurance that the work place offers suitable housekeeping for workers, together with sufficient ventilation and clean water. The constructions regulations should expressly provide that each owner is responsible to put into operation construction regulations with his contractor, sub-contractors, suppliers, their employees and others connected with the construction on the site. Any contravention of these construction regulations shall be deemed a nuisance and may ensue in fine or other penalty. The constructions regulations shall expressly provide that as regards safety the owner shall be responsible to comply with all government safety regulations for construction activities arising from his site. The owner should ensure that agreements with contractors, subcontractors, suppliers, their employees and other agents shall provide for construction site safety and hygiene considerations. The construction regulations shall obligate contractors to establish a construction fence not less than 45 inches tall and shall be fixed around the perimeter of the allocation earlier to initiation of construction. The construction regulations should provide that each construction site shall be tidy and arranged to avert visual annoyance for other property owners. To achieve this end contractors shall supply a sufficiently sized jug for debris and shall clear out all garbage and debris on the construction site each day.
The construction regulation must provide that no owner shall employ any person as designer, contractor; unless the owner is plausibly assured that the person he plans to employ has the capability to carry out the functions assigned to him. The owner is bound to undertake a competence assessment of all his designers, contractors, subcontractors earlier to selection. Every designer shall ensure that any design he prepares shall take into consideration foreseeable risk of health and safety, comprise ample information about any structure or material which affects health or safety of any person on site. As an elaborate precaution up to date safety statements should be brought to the attention of all employees. Construction needs to be inspected at certain stages in the construction process including final inspection. All construction or work for which a permit is required shall be subject to inspection by the concerned authority and it shall be the duty of the contractor to permit inspectors to inspect the work as and when the inspector deems appropriate. To ensure certainty in this respect, inspection requirements shall be set on a schedule. Electric current shall be furnished on the building after issuing a certificate to this effect signed by electrical inspector showing that work conforms to the specifications.
Insurance coverage.
The construction regulations must envisage an insurance cover to be purchased and maintained by the contractor that the contractor covenants with the owner that he shall, during the life of the construction works, keep in force, in addition to medical care, employer's liability insurance or such workers' compensation or social insurance applicable to industrial illness or injury as shall be necessary and adequate to cover his workers while engaged in the performance of the construction services under the contract and shall obtain a waiver by the insurer of all subrogation rights against the owner.
The importance of efficient construction regulations. - To learn more about this author, visit Dr. Mohamed Ibrahim's Website.
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