Rank: Forum user
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We're sub-contractor (just two employees) on a big construction site in India, with a Chinese main contractor. Lovely. We may be small but the contract value for us is not exactly insignificant.
Local safety standards are, ahem, 'poor' at best and the Chinese contractor, rather unsurprisingly, isn't exactly adding value in a safety sense.
The scaffold is a mixture of tube and fitting (to no particular 'standard') and in a few places bits of welded angle and rebar. It 'looks' solid but you know there is no design for it and it may be 'welded' in places but you know what 'welding' is like in India!
Primarily we just require safe access for our work, the task-specific safety we can handle ourselves.
So, what to do?
a) Talk. Done that. It goes like this. "Yes, we understand, we'll make it safe for you". Nothing happens. We write another letter, another meeting, on and on it goes. (wall / head / bang). We're essentially a two-man sub-contractor, we have all the power of a mosquito coughing.
b) Refuse to work until the scaffold is 'safe'? The scaffold never will be 'safe' by UK standards. Indian regulations are vague at best and the scaffold isn't exactly small. There's significant cost involved here for whoever fixes it. And then, in this international situation, what do we define as "acceptable"?
c) "Don't do the contract" is a simple way out, avoid the risk. I thought of that too. But then we're always sub-contractor and the conditions are practically identical on these international. So the company would fold overnight if we withdrew from every project. And even if we withdrew from a few of the 'worst' projects we still have a commercial reputation to think about.
I'm beginning to feel that our projects should be approached like a rescue team would approach disaster area. We have no power to make the situation safe but the work still needs to be done. It boils down to: "In the absence of any regulation or standards, what is acceptably 'safe'"
Your expertise, judgements, opinions, etc are all welcome.
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Rank: Super forum user
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Can only offer an opinion, hartman.
If what you fear actually happens, you're company's in trouble anyway.
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Rank: Forum user
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Hartman, it's a tough call and we all know that in some areas of the world life is indeed very cheap.
Looking at your actions so far you can't be faulted. You want to ensure safe access to your site of work, you're raising the issue with your employer and you're assessing your options.
I would say that safetyamateur's made a good point. Your reputation wouldn't last long in the event of an accident that you'd potentially forseen. Worse still though would be the effect on your conscience and, as you've taken the time to post here, I'd judge you are someone of conscience.
The other possibility is to try and determine if there's an alternative safe access and if there's something you can do/add to reduce the risk. Maybe install some means of fall arrest or get trained (climbing gear?) in a method to get up the building.
If thats not an option then you really need to do an in depth risk assessment and understand the reality of the situation.
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Rank: Super forum user
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If the scaffold will never be made safe ( as you suspect ) and you have no other way of reaching the work place then you are only really left with 2 choices:
1 Do the job and take the risk
2 Walk away and don't get paid
If you take option 1 you need to be able to live with the fact that one of your team might be killed. Could you live with this? How much is the 'money' worth to you?
I know this does not make your decision any easier but I can't see what other options you have.
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Rank: Super forum user
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It is the reality that in India the overall standard of safety [unless it is one of the "reputable"contractors, -both Inidan & International] leaves a lot to be desired for with bad standards. I presume that it is too late as this should have been dealth with at the bid/tender and contract acceptance stage. To complicate matters, Occupational health & Safety is a state jurisdiction matter, not a federal ( Indian Government) jurisdiction.
I personally would not strereotype "what welding is like India" as a huge number of projects, not only in Inida, but also in the Gulf use competent Indian welders! Even if they work for international companies, thier apprenticeship & comptence is Indian.
http://www.iiwindia.com/...Standards_on_Welding.pdf
http://www.iiwindia.com/
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Rank: Super forum user
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Rank: Super forum user
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The umbrella legislation is The Building & Other Construction Workers (Regulation of Employment & Conditions of Service) Act, 1996 that was enacted to regulate the employment and conditions of service of building and other construction workers and to provide for their safety, health and welfare measures. The Act is applicable to every establishment which employs ten or more workers in any building or other construction work and to the projects costing more than Indian Rupees 10 lakh (1 million).
The Building & Other Construction Workers (Regulation of Employment & Conditions of Service) Act, 1996
http://business.gov.in/o...rspaging.asp?tfnm=199627
The various states in India then enact "Rules" under powers conferred by sections 40 and 62 of the Building and other Construction Workers (Regulation of Employment and Conditions of Service) Act 1996(Central Act 27 of 1996)
You may be able to access the Tamil Nadu Building and other Construction Workers (Regulation of Employment and Conditions of Service) Rules 2006 at:-
http://www.scribd.com/doc/99066393/BOCW-Rule
There is a useful Govt of India Business Portal for Laws relating to Specific Industries at:-
http://business.gov.in/l...s_specificindustries.php
However, enforcement of the law is generally inadequate at the best and non-existant at worst, therefore it is critical to know who the main contractor is and what the terms & condistions, including specfic reference to standards etc are done.
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