Purpose:
The primary aim of Clause 6.7 is to enforce a safe and healthy working environment for both the Contractor’s and Employer’s Personnel.
Implications:
Non-compliance could result in severe legal repercussions, including penalties under Occupational Safety and Health Administration (OSHA) standards in the U.S.
Primary Aspects:
- Medical Facilities: The Contractor must ensure medical staff, first aid, and ambulance services are available 24/7.
- Accident Prevention Officer: A qualified individual must be appointed to take protective measures against accidents.
- Record-Keeping: Detailed records of health, safety, and property damages must be maintained and reported.
Expert Opinion:
Legal experts often suggest that contractors go above and beyond the stipulated requirements to incorporate best practices in health and safety. For instance, contractors in the North United States often refer to local building codes and OSHA guidelines.
Relevant Illustrations:
In the North United States, OSHA’s guidelines for Construction Safety and Health are often considered the gold standard. Contractors may also have to adhere to the Americans with Disabilities Act (ADA) to ensure inclusivity.
Case Studies:
Case Study 1: Failure to Appoint an Accident Prevention Officer in New York
Scenario: A construction firm in New York was working on a high-rise building. They had all the required permissions but failed to appoint an Accident Prevention Officer as stipulated by Clause 6.7.
Outcome: An accident occurred that could have been prevented, leading to injuries and legal issues for the contractor.
Key Takeaway: The absence of an Accident Prevention Officer resulted in the contractor facing legal repercussions and financial penalties.
Case Study 2: Exemplary Compliance in Boston
Scenario: A contractor in Boston was working on a public utility project and took Clause 6.7 very seriously. They collaborated with local health authorities and even had a dedicated ambulance on-site.
Outcome: No major accidents were reported throughout the project duration, and the contractor received an award for outstanding safety measures.
Key Takeaway: Meticulous adherence to Clause 6.7 not only minimizes risks but can also lead to accolades and future contract opportunities.
Interaction of Clause 6.7 with Other Clause
1. With Clause 6.2 (Rates of Wages and Conditions of Labour)
Clause 6.7 complements Clause 6.2 by ensuring that not only are laborers paid appropriately, but they also work in safe conditions.
2. With Clause 6.5 (Working Hours)
Clause 6.7 aligns with Clause 6.5 to ensure that health and safety measures are maintained irrespective of the working hours, even during night or weekend shifts.
3. With Clause 13.7 (Adjustments for Changes in Legislation)
Any changes in health and safety legislation may lead to adjustments in the contract conditions under Clause 13.7, which directly affects Clause 6.7.
4. With Clause 15.1 (Notice to Correct)
Non-compliance with Clause 6.7 can trigger Clause 15.1, allowing the Employer to issue a notice to correct, which could lead to termination under Clause 15.2.
Main Points to Keep in Mind When Employing Clause 6.7
Compliance with Local Laws: Always ensure that the measures taken are in compliance with local health and safety laws, such as OSHA in the North United States.
Appointment of an Accident Prevention Officer: This is non-negotiable and failure to appoint one can lead to severe penalties.
24/7 Medical Facilities: These should be available at all times, not just during working hours.
Regular Reporting and Record-Keeping: Maintain meticulous records and be prompt in reporting any incidents to the Engineer.
Interrelation with Other Clauses: Always consider how Clause 6.7 interacts with other clauses in the contract, particularly those related to labor conditions and legislative changes.
Sample Letters Related to Clause 6.7
Letter Requesting Confirmation of Health and Safety Measures
To:
The Engineer
Date:
Dear Sir/Madam,
Re: Confirmation of Compliance with Clause 6.7: Health and Safety
We kindly request that you confirm our compliance with **Clause 6.7** regarding the appointment of an Accident Prevention Officer and other health and safety measures. Your prompt attention to this matter is highly appreciated.
Yours faithfully,
[Your Name]
Contractor Ltd
Letter Reporting an Incident
To:
The Engineer
Date:
Dear Sir/Madam,
Re: Incident Report in Accordance with Clause 6.7: Health and Safety
We regret to inform you of an accident that occurred on [Date]. We have taken immediate corrective measures and kindly request your urgent attention to this matter in accordance with **Clause 6.7**.
Yours faithfully,
[Your Name]
Contractor Ltd
Letter regarding Safety Violation
[Your Name]
[Your Address]
[City, State, Zip Code]
[Email Address]
[Phone Number]
[Date]
[Recipient’s Name]
[Recipient’s Position]
[Recipient’s Address]
[City, State, Zip Code]
Subject: Safety Violation Notice
Dear [Recipient’s Name],
I am writing to bring to your attention a serious safety violation that has been observed at the [Project Site] on [Date]. During a routine inspection, it was noted that [provide specific details of the safety violation].
This violation is a direct breach of Clause 6.7 – Health and Safety of our contract, which clearly states [briefly mention what the clause states about the violation]. It is crucial for the safety and wellbeing of all personnel on site that these guidelines are strictly adhered to.
We kindly request that immediate action be taken to rectify this violation. Please provide a written response outlining the corrective measures that will be implemented to prevent such incidents in the future.
Thank you for your prompt attention to this serious matter.
Sincerely,
[Your Name]
[Your Position]
Letter regarding Health and Safety Compliance
[Your Name]
[Your Address]
[City, State, Zip Code]
[Email Address]
[Phone Number]
[Date]
[Recipient’s Name]
[Recipient’s Position]
[Recipient’s Address]
[City, State, Zip Code]
Subject: Health and Safety Compliance
Dear [Recipient’s Name],
I am writing to confirm that as of [Date], all operations at the [Project Site] are in full compliance with Clause 6.7 – Health and Safety of our contract.
Our team has taken extensive measures to ensure that all health and safety regulations are being strictly adhered to. These measures include [provide specific details of the measures taken].
We remain committed to maintaining a safe and healthy environment for all personnel on site. Please do not hesitate to contact us if you require any further information or clarification.
Thank you for your continued cooperation.
Sincerely,
[Your Name]
[Your Position]
Safety Training Reminder
[Your Company’s Letterhead]
[Date]
[Recipient’s Name]
[Recipient’s Address]
Subject: Safety Training Reminder – Clause 6.7 Health and Safety
Dear [Recipient’s Name],
As part of our commitment to Clause 6.7 Health and Safety of the FIDIC Yellow Book 1999, we would like to remind you of the upcoming safety training session scheduled for [Date] at [Venue].
Training Details:
– Date: [Specific Date]
– Time: [Specific Time]
– Venue: [Specific Venue]
– Topics Covered: [List of Topics]
Attendance is mandatory for all project personnel. The training will cover essential safety protocols, equipment handling, and emergency response procedures.
Please ensure that all your team members are informed and make the necessary arrangements to attend.
Thank you for your cooperation and commitment to ensuring a safe working environment.
Sincerely,
[Your Name]
[Your Position]
[Contact Information]
Flowchart
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.
Structured Checklists for Clause 6.7: Health and Safety
Checklist for Proficient Execution and Deployment
| Task | Responsible Party | Deadline | Status |
|---|---|---|---|
| Appointment of Accident Prevention Officer | Contractor | Project Start | Pending |
| Collaboration with Local Health Authorities | Contractor | Within 1st Week | Pending |
| Setup of First Aid Facilities | Contractor | Project Start | Pending |
| Setup of Ambulance Service | Contractor | Project Start | Pending |
| Training on Safety Measures | Accident Prevention Officer | Within 1st Month | Pending |
Checklist for Applying and Overseeing Clause 6.7
| Check | Guidelines | Frequency | Remarks |
|---|---|---|---|
| Is the Accident Prevention Officer appointed? | As per Clause 6.7 | Daily | Must be verified daily |
| Are first aid facilities fully stocked? | As per local health guidelines | Weekly | Essential for immediate treatment |
| Is the ambulance service functional? | 24/7 availability | Daily | Critical for emergencies |
| Are safety drills conducted? | As guided by Accident Prevention Officer | Monthly | To ensure preparedness |
Checklist to Guide and Monitor the Execution of Clause 6.7
| Monitoring Metrics | Desired Outcome | Data Source | Review Period |
|---|---|---|---|
| Number of Safety Incidents | Zero | Accident Records | Monthly |
| Health and Safety Training Attendance | 100% | Training Records | Quarterly |
| First Aid Kit Usage | Minimal | First Aid Log | Monthly |
| Ambulance Call-outs | Zero or Minimal | Ambulance Service Log | Monthly |
Frequently Asked Questions (FAQs) for Clause 6.7: Health and Safety
1. What does Clause 6.7 entail?
- Answer: Clause 6.7 focuses on ensuring the health and safety of the Contractor’s Personnel. This includes working with local health authorities to provide essential medical facilities and appointing an accident prevention officer for the site.
2. Who is responsible for implementing safety measures?
- Answer: The Contractor is primarily responsible for implementing safety measures, including the appointment of an Accident Prevention Officer.
3. What kind of medical facilities should be available on-site?
- Answer: Medical staff, first aid facilities, sick bays, and an ambulance service must be available at all times on the Site.
4. How often should safety checks and drills be conducted?
- Answer: Safety checks should be conducted daily, and safety drills should be conducted at least monthly or as directed by the Accident Prevention Officer.
5. What should be done in case of an accident?
- Answer: In the unfortunate event of an accident, the Contractor must report the details to the Engineer as soon as practicable.
6. Are there any guidelines for the Accident Prevention Officer?
- Answer: The Accident Prevention Officer must be qualified for this role and should have the authority to issue instructions and take protective measures to prevent accidents.
7. What records should be maintained?
- Answer: Records concerning health, safety, and welfare of persons, as well as damage to property, should be maintained. The Engineer may require such records and reports.
8. How does Clause 6.7 interact with other clauses?
- Answer: Clause 6.7 should be read in conjunction with other related clauses like Clause 6.6 (Facilities for Staff and Labour) and Clause 6.8 (Contractor’s Superintendence) for a comprehensive understanding of staff and labour requirements.
9. Is compliance with Clause 6.7 mandatory?
- Answer: Yes, non-compliance with Clause 6.7 could lead to penalties or even termination of the contract depending on the severity of the breach.
10. How can one ensure compliance with local laws and standards?
- Answer: The Contractor should familiarize themselves with all local and national laws related to health and safety, as well as any other relevant technical standards and building codes, to ensure full compliance.
Related posts:
Clause 20.4: Obtaining Dispute Adjudication Board’s Decision
Mastering FIDIC Clause 5.6 As-Built Documents
Ultimate FAQ Guide to Clause 6.3 in FIDIC Contracts: Your Questions Answered
Clause 15.2 Termination by Employer: Comprehensive Guide to FIDIC Contract Management
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