Ensuring labor safety at construction is one of the top priorities when investors and contractors cooperate in construction projects because the construction field has high risk of labor accidents due to the nature of the work requiring the use of heavy machinery and equipment, working at heights, and exposure to dangerous materials. So how is the responsibility for labor safety at construction regulated by law? Is the parties’ responsibility for safety at construction agreed upon in the Construction Contract? In this article, TNTP’s lawyers will clarify the provisions regulating the parties’ responsibility for labor safety at construction in the Construction Contract.
1. What is labor safety at construction?
• According to Clause 2, Article 3 of the Law on Occupational safety and Hygiene 2015, Occupational safety means preventive measures for dangerous factors to avoid injuries or deaths to employees during the work.
• Pursuant to Clause 20, Article 2 of Decree 06/2021/ND-CP, Safety in construction activities refers to measures to minimize and prevent the impacts of dangerous and harmful factors to protect people from any injury, death or health impairment, and prevent any incident causing occupational unsafety that may occur during the construction process.
Thus, labor safety at construction can be simply understood as measures to prevent factors that are dangerous to human health and life, causing injury and death during the working process.
2. How are the responsibilities of the parties regarding labor safety in the Construction Contract regulated?
Pursuant to Clause 1, Article 48 of Decree 37/2015/ND-CP, responsibilities of the parties for labor safety must be agreed in the contract and prescribed as follows:
• Construction contractor must establish safety measures for people, machinery, equipment and the works on the site, including adjacent construction works. In case safety measures are related to multiple parties, they must be agreed by the two parties.
• Safety measures, rules on labor safety must be made public on the construction site; dangerous positions on the site must be set up with people for guidance and warnings about accidents.
• Construction contractor, the investor and related parties must frequently examine and supervise labor safety on the site. Upon detection of any violation of labor safety, construction must be suspended immediately. Any person who causes labor safety violations to happen within his/her management shall be responsible to the law.
• The construction contractor shall be responsible for training, instructing and disseminating regulations on labor safety among its workers. As for some works of strict safety requirements, workers must obtain certificate of labor safety training.
• The construction contractor shall be responsible for providing adequate personal protective equipment to the workers on the site as prescribed.
• When an incident in labor safety happens, the construction contractor and other related parties shall be responsible for handling and making the report to managing state agencies according to law and, at the same time, taking remedial work and making compensation for the losses caused.
Thus, the content of the Construction Contract needs to specifically stipulate the responsibilities of the investor and the contractor. During the construction work, they need to always monitor, supervise and manage of labor safety between both parties to ensure the limitation of labor safety incidents and timely handling of risks arising during the construction process at the construction site.
3. Responsibilities of the parties for labor safety in construction
• Investor’s responsibility:
– Ensuring labor safety in construction in the project plan: The investor is responsible for making a detailed plan for labor safety in the entire project. Including measures to prevent accidents and ensure safe working conditions for workers.
– Select a capable contractor: The investor needs to select a contractor with sufficient capacity and experience in construction and ensuring labor safety. This is often shown in the bidding documents and bid evaluation.
– Supervision of labor safety implementation: Investors need to regularly supervise the implementation of labor safety regulations at the construction site, ensuring that contractors comply with the requirements.
• Contractor’s responsibilities:
– Labor safety planning: The contractor must establish a specific labor safety plan for each construction stage, including accident prevention measures, protective equipment, and safety training for employees.
– Implement safety measures: The contractor is responsible for fully implementing the labor safety measures set out in the plan, ensuring a safe working environment for workers.
– Training and coaching on labor safety: The contractor shall provide training and coaching to all employees on safety regulations, proper use of personal protective equipment, and accident prevention measures.
– Reporting and handling incidents: When a labor incident occurs, the contractor must immediately report it to the owner and competent authorities, and must investigate the cause and take remedial measures.
It can be seen that investors and contractors are responsible for ensuring labor safety in construction activities. These entities need to strictly follow the work and measures to ensure labor safety. At the same time, workers need to cooperate and strictly comply with safety measures as trained to protect health, and life, and prevent injuries.
Thus, construction work always has many dangers and risks during the labor process at construction sites such as construction collapse, work accidents, dangerous materials, and toxic substances that impair health and endanger human life. Therefore, investors and contractors need to be clearly aware of the importance of labor safety and ensure proper implementation of necessary labor safety regulations.
Above is an article by TNTP’s lawyer on “Provisions regulating the responsibilities of the parties regarding safety at construction sites in construction contracts”. Hopefully, this article will be helpful to project enterprises, and contractors with future construction plans.
Sincerely,
