REFERENCES:

Davies .V.J and Tomasin.K, (1990 ) , Construction Safety-Handbook. , Thomas Telford Ltd., London.

Eaglestone.F.N and Smyth.C,(1985), Insurance Under the ICE Contract., Longman Group Ltd., 1st Edition.

FIDIC Conditions of Contract (International) for Works of Civil Engineering construction,(1977), 3rd Edition.

Gunaratne.D.R,(1990), Legislative Approach to Accident Prevention in Manufacturing Industries, Seminar Paper (IESL).

ICE Conditions of Contract and Forms of Tender, Agreement and Bond for use in connection with Works of Civil Engineering Construction,(1979), Fifth Edition (June 1973)(Revised)

ICTAD Conditions of Contract for Works of Building & Civil Engineering(Revised Edition/January 1989) (with forms of Tender and Agreement)

International Labour Office,(1990), Training Manual on Safety, Health and Welfare on Construction Sites. Asian Regional Edition.

82

Laney.J.C,(1982 ) , Site Safety., Construction Press.

Regional Workshop on the Assessment of Relevant Policies and Programmes in the Construction Industry. (International Labour Organisation) Country Paper - Sri Lanka,(1991) Submitted by The Deputy Commissioner of Labour(Safety and Health).

Sivapaskaran.S,(1992), Assistant Commissioner of Labour, Labour Department, Private Communication.

83

BIBLIOGRAPHY:

Ananda Nadarajah. C, (1990 ) , 'Workmen's Compensation' , Seminar Paper, IESL.

Barry Fryer,(1990), The Practice of Construction Management., 2nd Edition.

Dr. de Alwis.W.R,(1990), 'Health Hazards in the Construction Industry', Seminar Paper, IESL.

Forester.G,(1986), Building Organisation and Procedures. , Longman Scientific and Technical, Second Edition.

Jeremy Stranks,(1990), A Manager's Guide to Health and Safety at Work., First Published, Kogan Page Ltd.

King.R.W and Hudson.R,(1985), Construction Hazard and Safety Handbook., Butterworths.

Liyanage. Mrs,(1992), Legal Officer, Road Development Authority, Private Communication.

Peter A. Ward,(1979), Organisation Procedures in the Construction Industry., Macdonald and Evans.

84

Peter Madge,( 1987 ) , Civil Engineering Insurance and Bonding., Thomas Telford Ltd, London.

Wijetilleke,(1992), Deputy Director, Institute for Construction Training and Development, Private Communication.

85

APPENDIX-1

1.1 Name and address of your Organisation/Company:

1.2 Nature of Business: ( if you have more than one area please indicate the order of priority ) (a) Construction (b) Consultancy (c) Any Other (please specify)

1.3 Area of work: ( if you have more than one area please indicate the order of priority ) (a) Building works (b) Civil Engineering works (c) Any other (please specify)

1.4 Name of contact person:

Telephone No:

1.5 At the moment how many building contracts are in progress within the Colombo, Kalutara and Gampaha districts:

Building site Adress Officer in Charge Expected date of completion

86

2.1 In what areas you give the workers a training or any demonstration about the work before starting their work?

2.2 What are the precautionary actions you take when your workers are involved in the following works to safeguard them? (a (b (c (d

(e (f (g (h

(i (J

Demolition and site clearance: Excavation and Earthworks: Scafolding and means of access: While using the lifting appliances such as cranes, hoists etc.: While using compressed air tools: While using Electrical equipments: Welding works: While using chemical substances such as cement, asbestos, solvants etc.: Noisy and Vibratory works: Any other (please specify):

2.3 Do you think the workers involved in anyone or more work(s) mentioned in 2.2 above must be given more rest and special consideration regarding the Health and Safety ? If yes give such work(s) and the reasons.

2.4 What facilities you have at your sites when accident occured: (a) Well equiped First Aid Box. (b) Fire Extinguishers. (c) Ambulance. (d) Any other.

87

2.5 In the Construction Industry work is arduous and involves manual or physical activity. Therefore what are the health and welfare facilities you provide for your workers to enhance their efficiency? (a) Drinking water. (b) Washing and sanitary, and changing facilities. (c) Rest rooms and shelter(Canteen). (d) Assisting transportation from place of residence to the

worksite and back. (e) Any other (Please specify)

3.1 SPECIAL REGULATIONS FOR SAFETY AND HEALTH

Safe and Healthy working conditions do not happen by chance. Therefore the Government of Sri Lanka recommends some special regulations for safety and health.

3.1.1 Are you aware of such recommendations by the Government? (Yes/No)

3.1.2 In your Organisation who are aware of this: (a) Managerial staff (b) Technical staff (c) Other workers

3.1.3 Do you have any safety policy for your Organisation? (Yes/No)

3.1.4 If the answer to 3.1.3 above is 'Yes' what are the matters that safety and health policy dealt with?

88

3.1.5 Do you keep safety and health records which would facilitate the identification and resolution of safety and health problems on the site? (Often/Occationally/Rarely)

3.1.6 In case if you use subcontractors in the project do you specify responsibilities, duties and safety measures that are to be maintained by the contractor's workforce? (Yes/No)

3.1.7 If your answer to 3.1.6 above is 'Yes' what are the provisions do you include in the measures?

3.1.8 Do you have any specialised personnel at your sites to assure that the material, equipment and tools brought on to the site meet minimum safety standards? (Often/Occasionally/Rarely)

3.2 SAFETY PLANNING

3.2.1 Do you generally carry out any detailed safety planning for every construction site. (Yes/No)

3.2.2 If the answer to 3.2.1 above is 'Yes' how do you carry out such planning?

3.2.3 During what stage of the project you develope the safety plan?

3.2.4 What degree you consider safety when you layout your site? (Important/Average/Do not bother)

89

iifliafliiarMJ

When you are being offered a contract what action do you take according to the Bills and Laws passed by the Parliament of Democratic Socialist Republic of Sri Lanka on Health and Safety aspects?

How do you implement various aspects of the law applicable at the Construction Site on Health and Safety?

Do you maintain a proper Accident Reporting procedure to the Labour Department or any other relevent Authority and a list of dangerous occurence and items? (Yes/No)

What action you should take after an accident taken place?

In your opinion do you adopt the safest constructiorTTBethod? (Often/Occationally/Rarely)

In what situation you deviate from the safest method.

Do you think that your site layout can still be improved so that the safety can be emphasized more? (Yes/No)

(a) (b) (c) (d)

9 0

5.4 If the answer for 5.3 above is 'Yes' in what situation? (a) (b) (c) (d)

6.1 What problems you have within your organisation which prevent further improvement of safety at your sites?

6.2 In your opinion do you think that certain problems need to be solved by outside organisations such as the Government, ICTAD, University, IESL, Labour Department, Bureau of Standards etc.? (Yes/No)

6.3 If the answer to 6.2 above is 'Yes' what are the problems and how and which organisation?

7.1 What suggestions would you make for further improvement in safety and health at your construction sites?

91

What support would you like to obtain from Government and other organisations such as ICTAD, University, IESL, Labour Department, Bureau of Standards etc.?

Any other relevent information regarding the Safety and Health in Construction Industry?

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APPKNDIX-2 CONFIDENTIAL

DATA COLLECTION ON ACCIDENTS AT CONSTRUCTION SITES (to be filled for each and every accident)

1. Name of Organisation

2. Total estimated cost of project

3. Site in which Accident occured

4. Cause of Accident(# see overleaf)

5. Victims

6. Age and Sex of Victims

7. Type of people invotved(## see overleaf)

8. Were they provided safety equipment

(If yes give such equipment)

9. What kind of measures you recommend

to prevent this accident

10. Category of the Accident Minor/Major/Fatal*(Delete whichever is inapplicable)

11 . Compensation paid to the Victims

12. Loss to the organisation in terms of

(a)Time

(^Managerial Staff Time

(iQTechnical Staff Time

(UQWbrkers Time

12.

(b)Approximate Amount of Money

(QMaterial

(li)Cost of Medicine

(ii ̂ Transportation Costs

(Iv)ln8urance

(^Compensation

12.

(c)Who Is going to bear this cost

93

For question 4 # cause of Accident

I.Fall of persons

2.Fall of objects

3.Strucking on stationary objects

4.Struck by moving objects

S.Strucklng on moving objects

6.Caught in between objects

7.Exposure to heat

8.Exposure to electricity

9.Exposure to harmful substances

lO.Other causes(piease specify)

For question 7 ## Type of people involved

1.Managerial level/Supervisors

2.Masons

3.Carpenters

4.Plumbers

5. Electricians

6. Painters

7.Mechanlcs

8.Machine Operators

9. Drivers

1 ".Labourers

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APPENDIX-3

CONDITIONS OF CONTRACT - ICTAD CLAUSES RELATED TO SAFETY

8. (1) The Contractor shall, subject to be provisions of the Contract, and with due care and

diligence, execute and maintain the works and provide all labour, including the supervision thereof, materials, Constructional Plant and all other things, whether of a temporary or permanent nature, required in and for such execution and maintenance, so far as the necessity for providing the same is specified in or is reasonably to be inferred from the Contract.

( 2 ) The Contractor shall take full responsibility for the adequacy stability and safety of all site operations and methods of Construction, provided that the Contractor shall not be responsible, except as may be expressly provided in the Contract, for the design or specification of the Permanent Works, or for the design or specification of any Temporary Works prepared by the Engineer.

Watching and 19. The Contractor shall throughout the Lighting of the Works have full regard for the safety of all

persons entitled to be upon the Site and shall keep the Site (so far as the same is under his control) and the Works (so far as the same are not completed or occupied by the Employer) in an orderly state appropriate to the avoidance of danger to such persons and shall inter alia in connection with the works provide and maintain at his own cost all

Contractor s General Responsibilities

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lights guards fencing warning signs and watching when and where necessary or required by the Engineer or by any competent statutory or other authority for the protection of the Works or for the safety and convenience of the public or others.

Care of 20.(1) from the commencement of the works until the Works date stated in the Certificate of Completion for the

whole of the Works pursuant to Clause 48 hereof the Contractor shall take full responsibility for the care thereof. Provided that if the Engineer shall issue a Certificate of Completion in respect of any part of the Permanent Works the Contractor shall cease to be liable for the care of that part of the Permanent Works from the date stated in the Certificate of Completionin respect of that part and the responsibility for the care of that part shall pass to the Employer. Provided further that the Contractor shall take full responsibility for the care of any outstanding work which he shall have undertaken to finish during the Period of Maintenance until such outstanding work is completed. In case any damage, loss or injury shall happen to the works, or to any part thereof, from any cause whatsoever, save and except the excepted risks as defined in sub-clause (2) of this Clause, while the Contractor shall be responsible for the care thereof the Contractor shall, at his own cost, repair and make good the same, so that at completion the Permanent Works shall be in good order and condition and in conformity in every respect with the requirements of the Contract and the Engineer's instructions.In the event of any such damage, loss or injury happening from any of the excepted risks, the Contractor shall, if and to

9 6

the extent required by the Engineer and subject always to the provisions of Clause 65 hereof, repair and make- good the same as aforesaid at the cost of the Employer. The Contractor shall also be liable for any damage to the Works occasioned by him in the course of any operations carried out by him for the purpose of completing any outstanding work or complying with his obligations under Clauses 49 or 50 hereof.

Excepted Risks (2) The "excepted risks" are war, hostilities (whether war declared or not), invasion act of foreign enemies, rebellion, revolution, insurrection or military or usurped power, civil war or unless solely restricted to employees of the Contractor or of his sub-contractors and arising from the conduct of the works, riot, commotion or disorder, or use or occupation by the Employer of any part of the Permanent Works, or a cause solely due to the Engineer's design of the Works, or ionising radiations or contamination by radio­activity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel, radio­active toxic explosive or other hazardous properties of any explosive, nuclear assembly or nuclear component thereof, pressure waves caused by aircraft or other ariel devices travelling at sonic or supersonic speeds, or any such operation of the forces of nature as an experienced contractor could not foresee, or reasonably make provision for or insure against all of which are herein collectively reffered to as "the excepted risks".

Insurance of 21. Without limiting his obligations and works,etc. responsibilities under Clause 20 hereof the

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contractor shall insure in the joint names of the Employer and the Contractor against all loss or damage from whatever cause arising other than the excepted risks for which he is responsible under the terms of the Contract and in such manner that the Employer and Contractor are covered for the period stipulated in Clause 20(1) hereof and are also covered during the Period of Maintenance for loss or damage arising from a cause occurring prior to the commencement of the Period of Maintenance and for any loss or damage occasioned by the Contractor in the course of any operation carried out by him for the purpose of complying with his obligations under Clauses 49 and 50 hereof.

(a) The works for the time being executed to the estimated current contract value thereof, or such additional sum as may be specified in Part II in the Clause 21, together with the materials for incorporation in the Works at their replacement value.

(b) The Constructional Plant and other things brought onto the Site by the Contractor to the replacement value of such Constructional Plant and other things. Such insurance shall be effected with an insurer and in terms approved by the Employer which approval shall not be unreasonably withheld and the Contractor shall whenever required produce to the Engineer or Engineer's Representative the policy or policies of insurance and the receipts for payment of the current premiums.

Damage to 22.(1) The Contractor shall except if and so far as Persons and the contract provides otherwise indemnify the Property Employer against all losses and claims inrespect of

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injuries or damage to any person or material or physical damage to any property whatsoever which may arise out of or in consequence of the execution and maintenance of the Works and against all claims proceedings damages costs charges and expenses whatsoever in respect of or relation thereto except any compensation or damages for or with respect to:-

(a) the permanent use or occupation of land by the Works or any part thereof.

(b) The right of the Employer to execute the Works or any part thereof on, over, under, in or through any land.

(c) Injury or damage to persons or property which are the unavoidable result of the execution or maintenance of the Works in accordance'with the Contract.

(d) Injuries or damage to persons or property resulting from any act or neglect of the Employer, his agents, servants or other Contractors, not being employed by the Contractor, or for, or in respect of any claims, proceedings, damages, costs, charges and expenses in respect thereof or in relation thereto or where the injury or damage was contributed to by the Contractor, his servants or agents such part of compensation as may be just and equitable having regard to the extent of the responsibility of the Employer, his servants or agents or other contractors for the damage or injury.

Indemnity by ( 2 ) The Employer shall indemnify the Contractor Employer against all claims, proceedings, damages, costs,

99

charges and expenses in respect of the matters referred to in the proviso to sub-clause (1) of this Clause.

Third Party 23.(1) Before commencing the execution of the works Insurance the Contractor but without limiting his obligations

and responsibilities under Clause 22 hereof shall insure against his liability for any material or physical damage loss or injury which may occur to any property including that of the employer or to any person including any employee of the Employer by or arising out of the execution of the works or in the carrying out of the contract otherwise than due to the matters referred to in the proviso to Clause 22(1) hereof.

Minimum Amount of (2) Such insurance shall be effected with an ThirdParty insurer and in terms approved by the Employer which

approval shall not be unreasonably withheld and for at least the amount stated in the Appendix to the Tender. The Contractor shall, whenever required, produce to the Engineer or the Engineer's Representative the policy or policies of insurance and the receipts for payment of the current premiums.

Provision to Indemnify Employer

( 3 ) The terms shall include a provision whereby in the event of any claim in respect of which the Contractor would be entitled to receive indemnity under the policy being brought or made against the Employer the insurer will indemnify the Employer against such claims and any costs charges and expenses in respect thereof.

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Accident or Injury to Workmen

2 4 . ( 1 ) The Employer shall not be liable for or in in respect of any damages or compensation payable

at law in respect or in consequence of any accident or injury to any workman or other person in the employment of the Contractor or any sub-contractor and except an accident or injury resulting from any act or default of the Employer his agents or servants. The Contractor shall indemnify and keep indemnified the Employer against all such damages and compensation save and except as aforesaid and against all claims proceedings costs charges and expenses whatsoever in respect thereof or in relation thereto.

Insurance against (2) The Contractor shall insure against such accidents etc., toliability with an insurer approved by the Employer, workmen which approval shall not be unreasonably withheld

and shall continue such insurance during the whole of the time that any persons are employed by him on the work and shall, when required, produce to the Engineer, or the Engineer's Representative such policy of insurance and the receipt for the payment of the current premium. Provided always that, in respect of any persons employed by any Sub-Contractor, the Contractor's obligation to insure as aforesaid under this sub-clause shall be satisfied if the Sub-Contractor shall have insured against the liability in respect of such persons in such manner that the Employer is indemnified under the policy, but the Contractor shall require such Sub-Contractor to produce to thew Engineer or the Engineer's Representative when required, such policy of insurance and the receipt for the payment of the current premium.

1 0 1

Remedy on 25. If the Contractor shall fail to effect and keep Contractor's in force the insurances referred to in Clauses 21, Failure to Insure 23 and 24 hereof or any other insurance which he may

be required to effect under the terms of the Contract then and in any such case the Employer may effect and keep in force any such insurance and pay such premium or premiums as may be necessary for that purpose and from time to time deduct the amount together with the service charge of 5% of the amount so paid by the Employer as aforesaid from any monies due or which may become due to the Contractor or recover the same as a debt due from the Contractor.

Suspension of 4 0 . (1) The Contractor shall on the written order Works of the Engineer, suspend the progress of the Works

or any part thereof for such time or times and in such manner as the Engineer may consider necessary and shall during such suspension properly protect and securethe work, so far as is necessary in the opinion of the Engineer. The extra cost incurred by the Contractor in giving effect to the Engineer's instructions under this Clause shall be borne and paid by the Employer unless such suspension is

(a) oterwise provided for in the Contract, or (b) necessary by reason os some default on

the part of the Contractor, or (c) necessary by reason of climatic

conditions on the Site, or (d) necessary for the proper execution of the

Works or for the safety of the Works or any part thereof insofar as such necessity does not arise from any act or default by the Engineer or the Employer or from any of the excepted risks defined clause 20 hereof.

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Suspension Lasting more than 90 days

Provided that the Contractor shall not be entitled to recover any such extra cost unless he gives written notice of his intention to claim to the Engineer within twenty-eight days of the Engineer's order. The Engineer shall settle and determine such extra payment and/or extension of time under Clause 44 hereof to be made to the Contractor in respect of such claim as shall, in the opinion of the Engineer, be fair and reasonable.

(2) If progress of the Works or any part thereof is suspended on the written order of the Engineer

and if permission to resume work is not given by the Engineer within a period of ninety days from the date of suspension then, unless such suspension is within paragraph (a), (b), (c) or (d) of sub-clause (1) of this Clause, the Contractor may serve a written notice on the Engineer requiring permission within twenty-eight days from the receipt thereof to proceed with the Works, or that part thereof in regard to which progress is suspended and, if such permission is not granted within that time, the Contractor by a further written notice so served may, but is not bound to, elect of treat the suspension where it affects part only of the Works as an omiision of such part under Clause 51 hereof, or, where it affects the whole Works, as an abandonment of the Contract by the Employer.

103

APPENDIX-4

CONDITIONS OF CONTRACT - FIDIC CLAUSES RELATED TO SAFETY

Contractor's 8. (1) The Contractor shall, subject to be General provisions of the Contract, and with due care and Responsibilities diligence, execute and maintain the works and

provide all labour, including the supervision thereof, materials, Constructional Plant and all other things, whether of a temporary or permanent nature, required in and for such execution and maintenance, so far as the necessity for providing the same is specified in or is reasonably to be inferred from the Contract.

(2) The Contractor shall take full responsibility for the adequacy stability and safety of all site operations and methods of Construction, provided that the Contractor shall not be responsible, except as may be expressly provided in the Contract, for the design or specification of the Permanent Works, or for the design or specification of any Temporary Works prepared by the Engineer.

Watching and 19. The Contractor shall in connection with the Lighting Works provide and maintain at his cost all lights,

guards, fencing and watching when and where necessary or required by the Engineer or the Engineer's Representative or by any duly constituted authority for the protection of the Works or for the safety and convenience of the public or others.

104

20.(1) from the commencement of the works until the date stated in the Certificate of Completion for the whole of the Works pursuant to Clause 48 hereof the Contractor shall take full responsibility for the care thereof. Provided that if the Engineer shall issue a Certificate of Completion in respect of any part of the Permanent Works the Contractor shall cease to be liable for the care of that part of the Permanent Works from the date stated in the Certificate of Completionin respect of that part and the responsibility for the care of that part shall pass to the Employer. Provided further that the Contractor shall take full responsibility for the care of any outstanding work which he shall have undertaken to finish during the Period of Maintenance until such outstanding work is completed. In case any damage, loss or injury shall happen to the works, or to any part thereof, from any cause whatsoever, save and except the excepted risks as defined in sub-clause (2) of this Clause, while the Contractor shall be responsible for the care thereof the Contractor shall, at his own cost, repair and make good the same, so that at completion the Permanent Works shall be in good order and condition and in conformity in every respect with the requirements of the Contract and the Engineer's instructions.In the event of any such damage, loss or injury happening from any of the excepted risks, the Contractor shall, if and to the extent required by the Engineer and subject always to the provisions of Clause 65 hereof, repair and make good the same as aforesaid at the cost of the Employer. The Contractor shall also be liable for any damage to the Works occasioned by him in the course of any operations carried out by him for the purpose of completing any outstanding

work or complying with his obligations under Clauses 49 or 50 hereof.

Excepted Risks (2) The "excepted risks" are war, hostilities (whether war declared or not), invasion act of foreign enemies, rebellion, revolution, insurrection or military or usurped power, civil war or unless solely restricted to employees of the Contractor or of his sub-contractors and arising from the conduct of the works, riot, commotion or disorder, or use or occupation by the Employer of any part of the Permanent Works, or a cause solely due to the Engineer's design of the Works, or ionising radiations or contamination by radio­activity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel, radio­active toxic explosive or other hazardous properties of any explosive, nuclear assembly or nuclear component thereof, pressure waves caused by aircraft or other ariel devices travelling at sonic or supersonic speeds, or any such operation of the forces of nature as an experienced contractor could not foresee, or reasonably make provision for or insure against all of which are herein collectively reffered to as "the excepted risks".

Insurance of 21. Without limiting his obligations and works,etc. responsibilities under Clause 20 hereof the

contractor shall insure in the joint names of the Employer and the Contractor against all loss or damage from whatever cause arising other than the excepted risks for which he is responsible under the terms of the Contract and in such manner that the Employer and Contractor are covered for the period stipulated in Clause 20(1) hereof and are

106

also covered during the Period of Maintenance for loss or damage arising from a cause occurring prior to the commencement of the Period of Maintenance and for any loss or damage occasioned by the Contractor in the course of any operation carried out by him for the purpose of complying with his obligations under Clauses 49 and 50 hereof.

(a) The works for the time being executed to the estimated current contract value thereof, or such additional sum as may be specified in Part II in the Clause 21, together with the materials for incorporation in the Works at their replacement value.

(b) The Constructional Plant and other things brought onto the Site by the Contractor to the replacement value of such Constructional Plant and other things.

Such insurance shall be effected with an insurer and in terms approved by the Employer which approval shall not be unreasonably withheld and the Contractor shall whenever required produce to the Engineer or Engineer's Representative the policy or policies of insurance and the receipts for payment of the current premiums.

22.(1) The Contractor shall except if and so far as the contract provides otherwise indemnify the

Employer against all losses and claims inrespect of injuries or damage to any person or material or physical damage to any property whatsoever which may arise out of or in consequence of the execution

107

and maintenance of the Works and against all claims proceedings damages costs charges and expenses whatsoever in respect of or relation thereto except any compensation or damages for or with respect to: -

(a) the permanent use or occupation of land by the Works or any part thereof.

(b) The right of the Employer to execute the Works or any part thereof on, over, under, in or through any land.

(c) Injury or damage to persons or property which are the unavoidable result of the execution or maintenance of the Works in accordance with the Contract.

(d) Injuries or damage to persons or property resulting from any act or neglect of the Employer, his agents, servants or other Contractors, not being employed by the Contractor, or for, or in respect of any claims, proceedings, damages, costs, charges and expenses in respect thereof or in relation thereto or where the injury or damage was contributed to by the Contractor, his servants or agents such part of compensation as may be just and equitable having regard to the extent of the responsibility of the Employer, his servants or agents or other contractors for the damage or injury.

Indemnity by (2) The Employer shall indemnify the Contractor Employer against all claims, proceedings, damages, costs,

charges and expenses in respect of the matters referred to in the proviso to sub-clause (1) of this Clause.

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Third Party 23.(1) Before commencing the execution of the works Insurance the Contractor but without limiting his obligations

and responsibilities under Clause 22 hereof shall insure against his liability for any material or physical damage loss or injury which may occur to any property including that of the employer or to any person including any employee of the Employer by or arising out of the execution of the works or in the carrying out of the contract otherwise than due to the matters referred to in the proviso to Clause 22(1) hereof.

Minimum Amount of (2) Such insurance shall be effected with an ThirdParty insurer and in terms approved by the Employer which

approval shall not be unreasonably withheld and for at least the amount stated in the Appendix to the Tender. The Contractor shall, whenever required, produce to the Engineer or the Engineer's Representative the policy or policies of insurance and the receipts for payment of the current premiums.

Provision to ( 3 ) The terms shall include a provision whereby Indemnify in the event of any claim in respect of which the Employer Contractor would be entitled to receive indemnity

under the policy being brought or made against the Employer the insurer will indemnify the Employer against such claims and any costs charges and expenses in respect thereof.

Accident or 24. (1) The Employer shall not be liable for or in Injury to in respect of any damages or compensation payable Workmen at law in respect or in consequence of any accident

or injury to any workman or other person in the employment of the Contractor or any sub-contractor

109

and except an accident or injury resulting from any act or default of the Employer his agents or servants. The Contractor shall indemnify and keep indemnified the Employer against all such damages and compensation save and except as aforesaid and against all claims proceedings costs charges and expenses whatsoever in respect thereof or in relation thereto.

Insurance against (2) The Contractor shall insure against such accidents etc., toliability with an insurer approved by the Employer, workmen which approval shall not be unreasonably withheld

and shall continue such insurance during the whole of the time that any persons are employed by him on the work and shall, when required, produce to the Engineer, or the Engineer's Representative such policy of insurance and the receipt for the payment of the current premium. Provided always that, in respect of any persons employed by any Sub-Contractor, the Contractor's obligation to insure as aforesaid under this sub-clause shall be satisfied if the Sub-Contractor shall have insured against the liability in respect of such persons in such manner that the Employer is indemnified under the policy, but the Contractor shall require such Sub-Contractor to produce to thew Engineer or the Engineer's Representative when required, such policy of insurance and the receipt for the payment of the current premium.

Remedy on 2 5 . If the Contractor shall fail to effect and keep Contractor's in force the insurances referred to in Clauses 21, Failure to Insure 23 and 24 hereof or any other insurance which he may

be required to effect under the terms of the Contract then and in any such case the Employer may effect and keep in force any such insurance and pay

110

such premium or premiums as may be necessary for that purpose and from time to time deduct the amount so paid by the Employer as aforesaid from any monies due or which may become due to the Contractor or recover the same as a debt due from the Contractor.

Suspension of 4 0 . ( 1 ) The Contractor shall on the written order Works of the Engineer, suspend the progress of the Works

or any part thereof for such time or times and in such manner as the Engineer may consider necessary and shall during such suspension properly protect and securethe work, so far as is necessary in the opinion of the Engineer. The extra cost incurred by the Contractor in giving effect to the Engineer's instructions under this Clause shall be borne and paid by the Employer unless such suspension is

(a) oterwise provided for in the Contract, or (b) necessary by reason os some default on

the part of the Contractor, or (c) necessary by reason of climatic

conditions on the Site, or (d) necessary for the proper execution of the

Works or for the safety of the Works or any part thereof insofar as such necessity does not arise from any act or default by the Engineer or the Employer or from any of the excepted risks defined clause 2 0 hereof.

Provided that the Contractor shall not be entitled to recover any such extra cost unless he gives written notice of his intention to claim to the Engineer within twenty-eight days of the Engineer's order. The Engineer shall settle and determine such extra payment and/or extension of time under Clause

1 1 1

44 hereof to be made to the Contractor in respect of such claim as shall, in the opinion of the Engineer, be fair and reasonable.

Suspension (2) If progress of the Works or any part thereof Lasting more is suspended on the written order of the Engineer than 9 0 days and if permission to resume work is not given by the

Engineer within a period of ninety days from the date of suspension then, unless such suspension is within paragraph (a), (b), (c) or (d) of sub-clause (1) of this Clause, the Contractor may serve a written notice on the Engineer requiring permission within twenty-eight days from the receipt thereof to proceed with the Works, or that part thereof in regard to which progress is suspended and, if such permission is not granted within that time, the Contractor by a further written notice so served may, but is not bound to, elect of treat the suspension where it affects part only of the Works as an omiision of such part under Clause 51 hereof, or, where it affects the whole Works, as an abandonment of the Contract by the Employer.

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APPKNDIX-5

CONDITIONS OF CONTRACT - ICE CLAUSES RELATED TO SAFETY

Contractor's 8. (1) The Contractor shall subject to the General provisions of the Contract construct complete and Responsibilities maintain the Works and provide all labour materials

Constructional Plant Temporary Works transport to and from and in or about the Site and everything whether of a temporary or permanent nature required in and for such construction completion and maintenance so far as the necessity for providing the same is specified in or reasonably to be inferred from the Contract.

Contractor Responsible for Safety of Site Operations

(2) The Contractor shall take full responsibility for the adequacy stability and safety of all site operations and methods of Construction provided that the Contractor shall not be responsible for the design or specification of the Permanent Works (except as may be expressly provided in the contract) or of any Temporary Works designed by the Engineer.

Safety and Secrurity

19.(1) The Contractor shall throughout the progress of the Works have full regard for the safety of all persons entitled to be upon the Site and shall keep the Site (so far as the same is under his control) and the Works (so far as the same are not completed or occupied by the Employer) in an orderly state appropriate to the avoidance of danger to such persons and shall inter alia in connection with the works provide and maintain at his own cost all lights guards fencing warning signs and watching

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when and where necessary or required by the Engineer or by any competent statutory or other authority for the protection of the Works or for the safety and convenience of the public or others.

Employer's (2) If under Clause 31 the Employer shall carry Responsibilities out work on the Site with his own workmen he shall

in respect of such work:-

(a) have full regard to the safety of all persons entitled to be upon the Site; and

(b) keep the Site in an orderly state appropriate to the avoidance of danger to such persons.

If under Clause 31 the Employer shall employ other Contractors on the Site he shall require them to have the same regard for safety and avoidance of danger.

20.(1) The Contractor shall take full responsibility for the care of the Works from the date of the commencement thereof until 14 days after the Engineer shall have issued a Certificate of Completion for the whole of the Works pursuant to Clause 48. Provided that if the Engineer shall issue a Certificate of Completion in respect of any Section or the part of the Permanent Works before he shall issue a Certificate of Completion in respect of the whole of the Works the Contractor shall cease to be responsible for the care of that Section or part of the Permanent Works 14 days after the Engineer shall have issued the Certificate of Completion in respect of that Section or part and the responsibility for the care

Care of the Works

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thereof shall thereupon pass to the Employer.Provided further that the Contractor shall take full responsibility for the care of any outstanding work which he shall have undertaken to finish during the Period of Maintenance until such outstanding work is complete.

Responsibility for (2) In case any damage loss or injury from any Reinstatement cause whatsoever (save and except the Excepted Risks

as defined in sub-clause (3) of this clause) shall happen to the Works or any part thereof while the Contractor shall be responsible for the care thereof the Contractor shall at his own cost repair and make good the same so that at completion the Permanent Works shall be in good order and condition and in conformity °in every respect with the requirements of the Contract and the Engineer's instructions. To the extent that any such damage loss or injury arises from any of the Excepted Risks the Contractor shall if required by the Engineer repair and make good the same as aforesaid at the expense of the Employer. The Contractor shall also be liable for any damage to the Works occasioned by him in the course of any operations carried out by him for the purpose of completing any outstanding work or of complying with his obligations under Clauses 49 and 50.

Excepted Risks (3) The "Excepted Risks" are riot war invasion act of foreign enemies hostilities (whether war be declared or not) civil war rebellion revolution insurrection or military or usurped power ionising radiations or contamination by radio-activity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel radioactive toxic explosive or other hazardous properties of any

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explosive nuclear assembly or nuclear component thereof pressure waves caused by aircraft or other ariel devices travelling at sonic or supersonic speeds or a cause due to use or occupation by the Employer his agents servants or other contractors (not being employed by the Contractor) of any part of the Permanent Works or to fault defect error or ommision in the design of the Works (other than a design provided by the Contractor pursuant to his obligations under the Contract).

Insurance of 21. Without limiting his obligations and works,etc. responsibilities under Clause 20 the Contractor

shall insure in the joint names of the Employer and the Contractor:-

(a) the permanent works and the Temporary Works (including for the purposes of this Clause any unfixed materials or other things delivered to the Site for incorporation therein) to their full value;

(b) the Constructional Plant to its full value;

against all loss or damage from whatever cause arising (other than the Excepted Risks) for which he is responsible under the terms of the Contract and in such manner that the Employer and Contractor are covered for the period stipulated in Clause 20(1) and are also covered for loss or damage arising during the Period of Maintenance from such cause occurring prior to the commencement of the Period of Maintenance and for any loss or damage occasioned by the Contractor in the course of any operation carried out by him for the purpose of complying with his obligations under Clauses 49 and 50.

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Provided that without limiting his obligations and responsibilities as aforesaid nothing in this Clause contained shall render the Contractor liable to insure against the necessaty for the repair or reconstruction of any work constrc=ucted with materials and workmanship not in accordance with the requirements of the Contract unless the Bill of Quantities shall provide a special item for this insurance.

Such insurances shall be effected with an insurer and in terms approved by the Employer (which approval shall not be unreasonably withheld) and the Contractor shall whenever required produce to the Employer the policy or policies of insurance and the receipts for payment of the current premiums.

22.(1) The Contractor shall (except if and so far as the contract otherwise provides) indemnify and eep indemnified the Employer against all losses and claims for injuries or damage to any person or property whatsoever (other than the Works for which the insurance is required under Clause 21 but including surface or other damage to land being the Site suffered by any persons in benificial occupation of such land) which may arise out of or in consequence of the construction and maintenance of the Works and against all claims demands proceedings damages costs charges and expenses whatsoever in respect thereof or in relation thereto. Provided always that:-

(a) the Contractor's liability to indemnify the Employer as aforesaid shall be reduced proportionately to the extent

that the act or neglect of the Employer his servants or agents may have contributed to the said loss injury or damage; nothing herein contained shall be deemed

to render the Contractor liable for or in respect of or to indemnify the Employer against any compensation or damages for or with respect to:-

(i) damage to crops being on the Site (save in so far as possession has not been given to the Contractor);

(ii) the use or occupation land(which has been provided by the Employer) by the Works or any part thereof or for the purpose of constructing completing and maintaining the Works (including consequent losses of crops) or interference whether temporary or permanent with any right of way light air or water or other easement or quasi easement which are the unavoidable result of the construction of the Works in accordance with the Contract;

(iii) the right of the Employer to construct the Works or any part thereof on over under in or through any land;

(iv) damage which is the unavoidable result of the construction of the Works in accordance with the Contract;

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(v) injuries or damage to persons or property resulting from any act or neglect or breach of statutary duty done or committed by the Engineer or the Employer his agents servants or other contractors (not being employed by the Contractor) or for or in respect of any claims demands proceedings damages costs charges and expenses in respect thereof or in relation thereto.

Indemnity by (2) The Employer will save harmless and indemnify Employer the Contractor from and against all claims demands

proceedings damages costs charges and expenses in respect of the matters referred to in the proviso to sub-clause (1) of this Clause. Provided always that that the Employer's liability to indemnify the Contractor under paragraph (v) of proviso (b) to sub-clause (1) of this clause shall be reduced propotionately to the extent that the act or neglect of the Contractor or his sub-contractors servants or agents may have contributed to the said injury or damage.

Insurance against 23.(1) Throughtout the execution of the works the Damage to Contractor (but without limiting his obligations and Persons and responsibilities under Clause 22) shall insure Property against any damage loss or injury which may occur

to any property or to any person by or arising out of the execution of the works or in the carrying out of the contract otherwise than due to the matters referred to in proviso (b) to Clause 22(1).

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Amount and Terms (2) Such insurance shall be effected with an ofinsurance insurer and in terms approved by the Employer (which

approval shall not be unreasonably withheld) and for at least the amount stated in the Appendix to the Form of Tender. The terms shall include a provision whereby in the event of any claim in respect of which the Contractor would be entitled to receive indemnity under the policy being brought or made against the Employer the insurer will indemnify the Employer against such claims and any costs charges and expenses in respect thereof. The contractor shall whenever required produce to the Employer the policy or policies of insurance and the receipts for payment of the current premiums.

Accident or Injury to Workmen

24. The shall not be liable for or in respect of any damages or compensation payable at law in respect or in consequence of any accident or injury to any workman or other person in the employment of the Contractor or any sub-contractor save and except to the extent that such accident or injury results from or is contributed to by any act or default of the Employer his agents or servants and the Contractor shall indemnify and keep indemnified the Employer against all such damages and compensation (save and except as aforesaid) and against all claims demands proceedings costs charges and expenses whatsoever in respect thereof or in relation thereto.

Remedy on 25. If the Contractor shall fail upon request to Contractor's produce to the Employer satisfactory evidence that Failure to Insure there is force the insurance referred to in Clauses

21 and 23 or any other insurance which he may be required to effect under the terms of the Contract

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then and in any such case the Employer may effect and keep in force any such insurance and pay such premium or premiums as may be necessary for that purpose and from time to time deduct the amount so paid by the Employer as aforesaid from any monies due or which may become due to the Contractor or recover the same as a debt due from the Contractor.

Suspension of 4 0 . (1) The Contractor shall on the written order Work of the Engineer suspend of the progress of the Works

or any part thereof for such time or times and in such manner as the Engineer may consider necessary and shall during such suspension properly protect and secure the work so far as necessary in the opinion of the Engineer. Subject to Clause 52(4) the Contractor shall be paid in accordance with Clause 60 the extra cost (if any) incurred in giving effect to the Engineer's instructions under this Clause except to the extent that suspension is: -

(a) oterwise provided for in the Contract; or (b) necessary by reason of weather conditions

or by some default on the part of the Contractor; or

(c) necessary for the proper execution of the work or for the safety of the Works or any part thereof in as much as such necessity does not arise from any act or default of the Engineer or the Employer or from any of the Excepted Risks defined in Clause 20.

The Engineer shall take any delay occasioned by the suspension ordered under this Clause (including that arising from any act or default of the Engineer or the Employer) into account in determining any extension of time to which the

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Contractor is entitled under Clause 44 except when such suspension is otherwise provided for in the Contract or is necessary by reason of some default on the part of the Contractor.

given by the Engineer within a period of 3 months from the date of suspension then the Contractor may unless such suspension is otherwise provided for in the Contract or continues to be necessary by reason of some default on the part of the Contractor serve a written notice on the Engineer requiring permission within 28 days from the receipt of such notice to proceed with the works or that part thereof in regard to which progress is suspended. If within the said 28 days the Engineer does not grant such permission the Contractor by a further written notice so served may (but is not bound to) elect to treat the suspension where it affects part only of the Works as an ommision of such part under Clause 51 or where it affects the whole Works as an abandonment of the Contract by the Employer.

Months more than Three Suspension lasting (2) If the progress of the Works or any part

thereof is suspended on the written order of the Engineer and if permission to resume work is not

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