Views in the last 30 days: 56
Estimated read time: 12 minute(s)
1οΈβ£ Purpose of Clause 6.7
Letβs start with the why. Why does Clause 6.7 even exist, and what does it really try to do?
At its heart, this clause is all about duty of care β the Contractorβs obligation to ensure that every person working on or visiting the site is protected from illness, injury, and unsafe conditions.
In both versions of the FIDIC Yellow Book, Clause 6.7 reinforces a fundamental principle:
βA safe site is a successful site.β
But here’s the key difference:
- The 1999 Edition takes a general, broad-strokes approach. It says, in essence: βBe responsible. Donβt let bad stuff happen.β
- The 2017 Edition moves into action mode. Itβs much more hands-on, outlining specific systems, personnel roles, and collaboration with local health authorities.
This evolution reflects how construction safety expectations have changed globally β from being reactive (βfix it if it goes wrongβ) to proactive (βprevent it before it happensβ).
2οΈβ£ Breakdown of the Clause Texts
Letβs get into the fine print. What does each version actually say β and more importantly, what does it mean in practice?
π 1999 Edition
This version keeps it short and simple. It says:
βThe Contractor shall take all reasonable steps to protect the health and safety of all personnel entitled to be on the Site.β
Thatβs it. No mention of medical services, no details on how safety should be managed, and definitely no mention of a health and safety officer.
π€ So what counts as a βreasonable stepβ? Giving everyone helmets? Avoiding puddles? Hiring a medic? Itβs all left open to interpretation.
π§± Reality check: This vagueness often leads to issues on-site. Engineers and Contractors interpret this differently. And when something goes wrong, everyone starts arguing about what βreasonableβ really meant.
π 2017 Edition
Now letβs compare that with the 2017 Edition, which is far more robust. It lays out an actual framework, not just a principle. Here’s what it includes:
- The Contractor must take all necessary precautions to protect the health and safety of their personnel.
- There must be collaboration with local health authorities β this is huge, especially during epidemics or health inspections.
- Medical provisions like first aid facilities, sick bays, ambulance services must be on-site (if required by the Employerβs Requirements).
- Suitable arrangements must be in place for welfare, hygiene, and disease prevention.
- The Contractor must appoint a qualified Health and Safety Officer β someone who:
- Has real authority (not just a token role).
- Can issue directives to stop unsafe work.
- Must be given everything they need to do the job.
π¬ In short, the 2017 version doesnβt just say βkeep things safe.β It says:
βHereβs whoβs in charge, hereβs what needs to be provided, and hereβs how it all needs to work.β
3οΈβ£ Key Interpretations and Implications
Alright, letβs unpack what all this means on the ground.
β 2017 Edition: What It Really Adds
The 2017 Edition marks a big shift toward accountability and preparedness. Hereβs how:
- Medical infrastructure becomes non-negotiable: You canβt just say, βWeβll call someone if someone faints.β You need people and systems in place before something happens.
- The Health & Safety Officer isnβt optional: They must be competent, experienced, and empowered. This person can pause unsafe work without waiting for the Engineer or project manager.
- Prevention of epidemics is a contractual duty: This was prophetic, especially post-COVID. Contractors are now explicitly responsible for outbreak control on site.
π Imagine a scenario where thereβs a rise in dengue cases in the area. Under 1999? You might spray the site. Under 2017? Youβd better have regular fumigation, mosquito nets, medical logs, and a plan in place β or youβre in breach.
π¨ Risks of Leaving It Vague (1999 Approach)
Letβs be honest: βreasonable stepsβ sounds nice but is dangerously vague. In the 1999 Edition:
- Thereβs no benchmark for how many first-aid kits you need.
- No clear duty to collaborate with health authorities.
- No clear person in charge of safety β so who takes responsibility when something goes wrong?
If an incident happens, disputes are almost guaranteed because everyone points fingers, and the clause doesnβt provide enough clarity to resolve them easily.
4οΈβ£ Cross-Referencing with Other Clauses π§©
Now letβs look at how Clause 6.7 links to β and depends on β other parts of the contract. Because this clause doesnβt operate in isolation.
π Clause 4.8 [Health and Safety Obligations]
Think of 4.8 as the big-picture duty for overall site safety β like fencing, signage, protective gear, etc.
But Clause 6.7 zooms in on people β the welfare and medical care of the workers. In 2017, 6.7 and 4.8 are designed to work hand-in-hand. In fact, the clause starts by saying:
βIn addition to Sub-Clause 4.8β¦β
So 6.7 isnβt replacing 4.8 β itβs building on top of it.
π Clause 6.6 [Facilities for Staff and Labour]
Hereβs where things get especially relevant. Letβs say your camp has no clean water, or your toilets are overflowing β thatβs a Clause 6.6 breach, sure, but itβs also a health hazard under Clause 6.7.
So the two clauses are interdependent: bad facilities = bad health = breach of both.
π Clause 1.13 [Compliance with Laws]
Letβs say youβve technically followed Clause 6.7, but your site still violates local labour or safety regulations. Clause 1.13 will still hold the Contractor responsible.
π― This reinforces that FIDIC doesnβt replace the law β it sits alongside it.
π Clause 20 [Claims]
If a health crisis delays your works β say, an outbreak forces a site shutdown β Clause 6.7 comes into play when you want to justify your position under Clause 20.
If you followed 6.7 properly and still got delayed, you may be entitled to EOT or cost relief. But if you didnβt? Good luck convincing the Engineer.
5οΈβ£ What If Scenarios
Letβs bring this clause to life with some real-world βwhat ifs.β
π· Scenario 1: Worker collapses from heatstroke
- Under 1999: You might be safe if you provided water and shade, but it depends on how βreasonableβ your steps were.
- Under 2017: If there was no first-aid, no medical response, and no safety officer β youβre in breach, full stop.
π§ Scenario 2: Local labour inspector demands safety improvements
- Under 2017, youβre already expected to collaborate with authorities, so you need to respond immediately and update your compliance.
- Under 1999, you might argue the inspector is being too strict β but thatβs a risky bet.
π₯ Scenario 3: Gas leak in site kitchen injures 3 people
- With a proper H&S Officer in place (as per 2017), theyβd have shut down unsafe systems before this happened.
- Without one (likely under 1999), youβve got a major incident, potential contract breach, and possible liability.
6οΈβ£ Suggestions for Clarity and Improvement βοΈ
Hereβs where we turn good intentions into practical controls.
π Recommendations:
- Spell out minimum HSE standards in the Employerβs Requirements: first aid stations per number of workers, frequency of health drills, emergency evacuation procedures.
- Appoint the H&S Officer before mobilisation, with CV submitted to the Engineer.
- Add reporting requirements: monthly health and safety logs, incident reports, and toolbox meeting schedules.
π Best Practice Clause Add-on:
βThe Contractor shall maintain a Health and Safety Log Book on site, to be reviewed weekly by the Engineer, and updated daily by the appointed Health and Safety Officer.β
7οΈβ£ Final Takeaways π―
Letβs wrap this up with the big picture:
β Feature | 1999 Edition | 2017 Edition |
---|---|---|
Clarity | General only | Very specific |
Medical Support | Implied | Explicit and mandatory |
Named HSE Officer | Not required | Mandatory with authority |
Response Planning | Assumed | Contractual requirement |
Legal Alignment | Vague | Built-in via collaboration with authorities |
π¬ In short, the 1999 version leaves you to figure it out, while the 2017 version equips you with the tools, people, and structure to handle health and safety like a pro.
Flowcharts
The flowchart is a visual representation of the responsibilities outlined in “Clause 6.7 Health and Safety” from the “Original FIDIC Yellow Book 1999”.
- Clause 6.7 Health and Safety: This is the starting point of the flowchart. It represents the clause in the FIDIC contract that we are focusing on.
- Contractor’s Responsibilities: This is the next step in the flowchart. It represents the responsibilities that the contractor has under Clause 6.7. These responsibilities are further broken down into the following four categories:
- Ensure medical staff, first aid facilities, sick bay and ambulance service are available: The contractor is required to ensure that these medical services are available at all times at the site and at any accommodation for Contractor’s and Employer’s Personnel.
- Ensure suitable arrangements for welfare and hygiene requirements: The contractor is also responsible for making suitable arrangements for all necessary welfare and hygiene requirements.
- Prevent epidemics: The contractor is required to take measures for the prevention of epidemics at the site and any accommodation for Contractor’s and Employer’s Personnel.
- Maintain health and safety of Contractor’s Personnel: Lastly, the contractor must take all reasonable precautions to maintain the health and safety of the Contractor’s Personnel.
The main clause is connected to various tasks such as preparing and implementing a health and safety plan, maintaining health and safety records, permitting health and safety audits, complying with health and safety laws, providing training and personal protective equipment, establishing emergency procedures, and reporting incidents. Each task is further connected to specific actions that need to be taken for its successful execution.
Detailed Explanation of the Revised Flowchart
- Start: The flowchart begins with the initiation of the project, marking the point where health and safety considerations come into play.
- Develop Health and Safety Plan: The first actionable step is for the contractor to develop a Health and Safety Plan. This is a foundational document that outlines all the safety measures, protocols, and guidelines that will be followed throughout the project.
- Submit Plan to Engineer for Approval: After developing the plan, it is submitted to the Engineer for approval. This step ensures that the plan aligns with the project’s requirements and complies with Clause 6.7.
- Implement Approved Plan: Once the Engineer approves the plan, it is implemented on-site. This involves putting all the outlined safety measures and protocols into action.
- Conduct Regular Audits: Regular audits are conducted to ensure that the implemented plan is being followed accurately. This is a proactive measure to catch any non-compliance early.
- Non-Compliance Detected?: This is a decision point. If non-compliance is detected during the audits, the flow moves to the next step to address it. If not, it proceeds to check for accidents.
- Revise Plan & Re-Submit: If non-compliance is detected, the plan is revised to address the issues and then re-submitted to the Engineer for approval. Once approved, it goes back to the implementation stage.
- Accident Occurs?: Another decision point. If an accident occurs, it needs to be reported to the Engineer. If no accident occurs, the flow moves to maintaining records.
- Report to Engineer: In the unfortunate event of an accident, it is mandatory to report it to the Engineer. This aligns with the requirements of Clause 6.7, which mandates reporting any accidents as soon as practicable.
- Maintain Records: Whether or not an accident occurs, maintaining records is a continuous process. These records include audit findings, accident reports, and other relevant documentation. This step has been added to align with Clause 6.7’s requirement for maintaining records related to health, safety, and welfare.
- End: The flowchart concludes with the end of the project, signifying that all steps and protocols outlined in the Health and Safety Plan have been successfully implemented and followed.
ποΈ Monthly Health & Safety Report Template
Project Name: ___________________________________
Contract Number: _________________________________
Reporting Period: From __________ to __________
Contractor: _______________________________________
Health & Safety Officer: ___________________________
Engineer: _________________________________________
πΆ SECTION A: Workforce Health & Safety Overview
Metric | This Month | Cumulative (YTD) | Notes |
---|---|---|---|
Total workforce on site (avg daily) | |||
Total man-hours worked | |||
Lost Time Incidents (LTIs) | |||
First Aid Cases | |||
Medical Treatment Cases | |||
Fatalities | |||
Near Misses Reported | |||
Toolbox Talks Conducted | |||
Safety Training Sessions |
πΆ SECTION B: Health & Safety Facilities
Facility | Compliant (Yes/No) | Remarks |
---|---|---|
First aid kits (checked and stocked) | ||
Trained first aiders on-site | ||
Sick bay / first aid room operational | ||
Ambulance/transport for emergencies | ||
Fire extinguishers available and inspected | ||
Emergency contact list posted | ||
Evacuation routes marked and clear | ||
PPE availability for all personnel |
πΆ SECTION C: Site Inspections & Audits
Date | Inspector | Area Audited | Findings | Actions Taken |
---|---|---|---|---|
πΆ SECTION D: Incident Reports Summary
Attach detailed incident investigation forms for any LTI, near miss, or safety breach.
Incident No. | Date | Type | Brief Description | Status |
---|---|---|---|---|
πΆ SECTION E: Collaboration with Local Health Authorities
Action Taken | Date | Outcome |
---|---|---|
Site visit by medical officer | ||
Sanitation/hygiene inspection | ||
Epidemic prevention measures (e.g., fumigation, awareness) |
πΆ SECTION F: Summary of Corrective Actions
Non-Compliance Item | Date Identified | Corrective Action | Date Closed |
---|---|---|---|
πΆ SECTION G: Health & Safety Officer Declaration
I confirm that the information above is accurate and reflects the current status of health and safety performance on the project.
Name: ___________________________
Signature: ________________________
Date: ____________________________
π¨ SITE EMERGENCY RESPONSE PLAN (SERP)
Project Name: _________________________________
Contract No.: _________________________________
Site Address/Location: _________________________
Prepared By (HSE Officer): _____________________
Date of Issue: _________________________________
Next Review Date: _____________________________
π§ SECTION 1: Objectives & Scope
This Site Emergency Response Plan (SERP) provides structured guidance for managing emergencies on-site, including but not limited to medical incidents, fire, natural disasters, equipment failure, hazardous material release, and other threats to health and safety.
It ensures:
- Protection of life
- Rapid incident containment
- Continuity of site operations post-incident
π SECTION 2: Emergency Contact List
Emergency Type | Contact Name | Role/Agency | Phone Number |
---|---|---|---|
Site HSE Officer | Contractor | ||
Ambulance Services | Local Health Dept | ||
Nearest Hospital | β | ||
Fire Department | β | ||
Police Station | β | ||
Project Manager | Contractor | ||
Engineerβs Rep | Employer/Engineer |
π SECTION 3: Emergency Scenarios & Responses
π₯ Fire or Explosion
- Activate nearest alarm or raise shout alert.
- Evacuate affected area immediately.
- Use appropriate fire extinguisher if trained and safe to do so.
- Report to Assembly Point.
- HSE Officer to contact Fire Department.
π§ββοΈ Medical Emergency
- Ensure safety of surrounding area (e.g., switch off equipment).
- Provide first aid if trained.
- Notify Site HSE Officer and summon ambulance.
- Escort injured person to medical bay or nearest hospital.
- Complete incident report.
π Flooding / Natural Disaster
- Evacuate to designated high-ground safe zone.
- Isolate electrical equipment.
- Notify local emergency authorities.
- Maintain contact with authorities for updates.
π₯ Equipment or Structural Collapse
- Isolate area immediately.
- Ensure no unauthorized entry.
- Alert HSE Officer and Project Manager.
- Conduct rescue operations only if safe to do so.
π SECTION 4: Emergency Assembly Point(s)
Location Description | Distance from Site | Accessibility | Signage Posted |
---|---|---|---|
β Yes / β No |
All site personnel must report here during emergencies.
π§― SECTION 5: Resources and Equipment
Resource Type | Quantity | Location | Last Inspected |
---|---|---|---|
First Aid Kits | |||
Fire Extinguishers | |||
Stretchers | |||
Emergency Lighting | |||
PPE (helmets, masks, etc.) |
π£ SECTION 6: Communication Protocol
- Emergency notices to be broadcasted via site loudspeakers and megaphones.
- WhatsApp/phone alert group for immediate internal coordination.
- Public address system or manual megaphone backup in case of power outage.
π SECTION 7: Training and Drills
Activity | Frequency | Last Conducted | Participants |
---|---|---|---|
Fire Drill | Monthly | ||
Evacuation Drill | Quarterly | ||
First Aid Refresher | Bi-annually |
π SECTION 8: Post-Incident Reporting
All incidents must be logged using the Incident Report Form (Annex A). Include:
- Description of the event
- Time and location
- Action taken
- Root cause analysis
- Preventive measures
π¨ββοΈ SECTION 9: Approval & Sign-off
Site Health & Safety Officer
Name: _____________________
Signature: __________________
Date: ______________________
Project Manager (Contractor)
Name: _____________________
Signature: __________________
Date: ______________________