Chương III Thông tư 22/2010/TT-BXD: Trách nhiệm của các chủ thể đối với an toàn trong thi công xây dựng công trình

Chapter III

RESPONSIBILITIES OF ENTITIES FOR SAFETY IN WORK CONSTRUCTION

Article 5. Responsibilities of investors

An investor shall:

1. Set up a full-time or part-lime division for examining the observance of labor safely rules by the construction contractor at the construction site.

2. Select a capable contractor suitable to the jobs he/she/it will perform under the construction law.

3. Suspend the construction and request the contractor to take remedies, when detecting the contractor's violations of labor safety rules. If the contractor fails to take remedies, stop the construction or terminate the contract.

4. Coordinate with the contractor in taking handling measures in case of labor incidents or accidents and concurrently report on the labor safety situation of the project or work to functional agencies under the labor law.

Article 6. Responsibilities of construction contractors

Construction contractors, including the principal contractor, major contractor and subcontractor at the construction site, shall:

1. Make and approve a design of construction measures, indicating safety measures for workers, machines, equipment and the work. Periodically or extraordinarily examine developments at the construction site to modify construction and labor safety measures as appropriate.

2. Select and arrange technical workers at the construction site according to their professional qualifications, capacity and health conditions under law. Furnish sufficient personal safety equipment for workers.

3. Establish a network and division for managing labor safety work at the construction site; specify jobs and responsibilities of managers of labor safety work during the construction process.

4. Provide safety training for safety work personnel and workers under their management under regulations.

5. Examine the observance of labor safety rules according to approved measures and the compliance with relevant technical regulations and standards.

6. Assume the prime responsibility for. and coordinate with investors in. overcoming consequences, declaring, investigating, and making records on. incidents or labor accidents at the construction site.

7. To inspect, register (if any) and maintain construction machines and equipment in order to ensure safety for workers and works under regulations.

Article 7. Responsibilities of project management units or project management consultants and construction supervision consultants

Project management units or project management consultants and construction supervision consultants shall:

1. Supervise contractors" observance of approved construction and safety measures and compliance with technical regulations on construction safely.

2. Notify investors of dangers that might affect construction safety in order to take remedies and change construction measures as appropriate.

3. Examine, and report to investors for handling violations, stop construction and request remedies when construction contractors violate safely rules at the construction site.

Article 8. Coordination among investors, principal or major contractors and .subcontractors

1. In case the principal or major contractor is present at the construction site:

In case the principal construction contractor, EPO principal contractor and turn-key principal contractor are present or only the major contractor is present (below collectively referred to as principal contractor) at the construction site. their responsibilities and relationships are defined as follows:

a/ The investor shall supervise the application of safety measures by the principal contractor and examine the latter's administration and supervision of subcontractors at the construction site;

b/ For a construction site with many subcontractors engaged in the construction, the principal contractor shall set up a safety management division for examining, supervising and managing safety and environmental sanitation work performed by these subcontractors:

c/ The principal contractor shall take full responsibility for administering the construction schedule between him/her/it and subcontractors as well as implementation schedule among subcontractors themselves so as to prevent overlap in the performance of jobs, affecting the safety for workers, machines, equipment and works;

d/ The principal contractor shall examine the application of construction and safety measures by subcontractors and may suspend or stop the construction when subcontractors violate safety rules at the construction site;

e/ Subcontractors shall develop and approve construction and safely measures for jobs they perform, and reach agreement with the principal contractor before such approval:

f/ Subcontractors shall supervise the application of safety measures for jobs they perform and place themselves under the principal contractor's administration, supervision and examination regarding their compliance with implementation schedule and application of construction and safety measures at the construction site.

2. In case many major contractors are present at the construction site:

In case no construction principal contractor. EPC principal contractor or turn-key principal contractor is present but only ma jot contractors are present at the construction site, their responsibilities and relationships are defined as follows:

a/ The investor shall examine the application of safety measures by the major contractors and examine the latter’s administration and super­vision of subcontractors at the construction site;

b/ For a construction site with many major contractors engaged in the construction, the investor shall set up a safety management division for examining, supervising and managing safety and environmental sanitation work performed by these major contractors:

c/ The investor shall administer the construction schedule among the major contractors: major contractors shall administer the construction schedule among them and subcontractors as well as the implementation schedule between subcontractors themselves so as to prevent overlap in the performance of jobs. affecting the safety for workers, machines, equipment and works:

d/ The investor shall examine the application of construction and safety measures by major contractors and may suspend or stop the construction when major contractors violate labor safety rules at the construction site;

c/ Major contractors shall develop and approve safety measures for jobs they perform, and shall reach agreement with the investor before such approval:

f/ Major contractors shall examine the application of construction and safety measures by subcontractors and may suspend or stop the construction when subcontractors violate safety rules at the construction site:

g/ Subcontractors shall develop and approve construction and safety measures for jobs they perform, and shall reach agreement with major contractors before such approval:

h/ Subcontractors shall supervise safety measures for jobs they perform and place themselves under the major contractors' administration, supervision and examination regarding their compliance with implementation schedule and application of construction and safety measures at the construction site.

Article 9. Rights and responsibilities of workers at the construction site

Workers at the construction site have the following rights and responsibilities:

1. To refuse to perform their assigned jobs when seeing that such jobs are unsafe after reporting thereon to the person in charge who fails to lake remedies or when the contractor fails to supply adequate personal safely equipment under regulations.

2. To perform only jobs suitable to their professional qualifications. To fully observe labor safety rules related to their assigned jobs and tasks.

3. Workers performing jobs with strict labor safety requirements must be trained in labor

safety and must possess labor safety cards under regulations.

Article 10. Responsibilities of contractors" persons in charge of safety

1. The person in charge of safety shall conduct routine examination at the construction site under the contractor's regulations. During examination. if detecting violations of labor safely rules or labor accident dangers', he/she shall suspend the construction and report such directly to the contractor for handling or request the person in charge to stop the construction in order to take safety measures for workers and works, then report thereon to the commander of the construction site.

2. The contractor's person in charge of safety or technician shall continuously supervise labor safety throughout the construction process.

Article 11. Handling of incidents when labor accidents occur

Labor accidents caused by labor safety- or construction work-related incidents shall be handled as follows:

1. For labor accidents caused by labor safety-related incidents:

a/ The contractor shall by any measure give first aid or emergency to the worker(s) who gets/ get the accident, then transfer him/her/them to a health establishment for treatment;

b/ The investor, contractor and concerned units shall promptly report the accident to relevant management agencies for examination and inspection under regulations to identify causes of the incident and accident;

c/ The declaration, investigation, making records and statistics and reporting; process of handling incidents; and settlement of prescribed benefits in case of labor accidents comply with current regulations:

d/ After marking the site and obtaining approval of a competent agency and the investor, the contractor shall tidy up the place where the incident occurs and continue with the construction.

2. For labor accidents caused by construction work-related incidents:

a/ Points a. b and c. Clause 1 of this Article shall be complied with:

b/ After marking the site and obtaining approval of a competent agency, the contractor shall tidy up the place where the incident occurs, examine and assess the stability of the related work or job under regulations, and report such to the investor for permission for continued construction if this work or job is safe.