INGENIEUR
INGENIEUR
with number of cases prosecuted and compounds in 2016 being 20 % and 33 %, respectively, higher than that of 2015. At the same time, the number of notices also increased by 20 %.
Previous experience shows that traditional site-based inspections alone are never enough to improve the poor safety and health standards in the construction industry. Enforcement initiatives have been expanded, beyond the site gate to encourage change, for example by leveraging influence within the industry supply chain in high risk areas, engaging with Associations capable of implementing widespread change and forming alliances with other construction authorities. The development of a revised OSHA is at its final review stage before tabling in the Parliament, and DOSH is also working with the industry partners to develop more guidance to support the existing regulatory instruments. Every detail of DOSH’ s enforcement initiatives are presented in the Occupational Safety and Health Master Plan 2016- 2020 recently launched by our Prime Minister.
Roles of the Construction Industry
Enforcement by DOSH alone will not ensure safer conditions, or healthier construction environments. As advocated by OSHA, the onus to ensure the safety and health of workers and members of public belongs to all employers in the industry, which includes client, designer and contractor. It also depends on the client, designer, contractor and all parties throughout the supply chain to transform the way construction work is planned, managed and executed. Everyone in the industry has a role to play in being part of the solution. Much work is already ongoing to spur change.
Whilst the duties of contractors are clearly established in FMA and OSHA, the duties of clients and designers with regard to safety under the two main legislations remain contentious and subject to much discussion. There are two main approaches usually taken by the OSH regulators around the world to get the clients( developers) and designers involved.
Mandatory approach The simplest approach is to make it mandatory for the clients and designers to ensure safety of their workers and other people who may be affected by their business. This is achieved by specifying occupational safety and health duties to the client and designer in the legislation. This way, they are forced to comply with the requirements( forced compliance). This approach has been done in many countries in Europe. For example, in the United Kingdom, the duties of client, designer and contractor are specified in the Construction( Design and Management) Regulations, that make it mandatory for them to consider safety and health in managing their construction project. A similar approach is taken by WorkSafe in Australia and Workplace Safety and Health Council in Singapore.
Voluntary approach The other approach is to set a voluntary standard for the client, designer and contractor to integrate safety and health in their business activities. The normative compliance depends on the level of awareness, motivation and knowledge of the target person. An example of the country that has taken this approach is the United States of America. The US National Institute for Occupational Safety and Health has led the initiative to develop the ANSI / ASSE Z590.3 Prevention through Design to provide Guidelines for addressing occupational hazards and risks in the design and redesign processes. Compliance to this standard is voluntary, and hence extensive efforts have been put up by the US OSH regulators to influence and encourage the client, designer and contractor to take safety and health seriously in managing their business.
In Malaysia, similar efforts are being taken by DOSH to educate clients, designers and contractors on the importance of managing safety and health, especially at the early stages of construction project. We have consulted with the CIDB, MBAM and other parties regarding our intentions, and we expect to publish the Guidelines of Occupational Safety and Health in the Construction Industry( Management) by the middle of this year. The guidelines are based on Guidelines and Code of Practice from the United Kingdom, Singapore and Australia. It is a prelude to the construction work regulations, which will eventually prescribe mandatory requirements to the clients, designers and contractors. Details of duties recommended by the guidelines for each duty holder are shown in Figure 2.
34 VOL 69 JANUARY-MARCH 2017