The employer is responsible for: 1) Ensuring the safety of all people on the construction site, including any other contractors working on the site. 2) Requiring other contractors to coordinate with the main contractor on all aspects of site safety and security. 3) Ensuring other contractors comply with all safety measures established by the main contractor. The contractor is responsible for: 1) Ensuring the safety of all people on the construction site at all times. 2) Complying with all relevant safety laws and regulations, including appointing a qualified safety officer. 3) Maintaining the site in an orderly and safe manner. The designer takes full responsibility for the safety and adequacy

1. Tutorial 4
Question1
Refertothe local StandardFormsof Contract,findand explainatleastone clause pertaining
to the responsibilities of safetyandhealthfor:
 The Employer
Referto"IEM. CE 2011"
19.3 Employer'sResponsibilityonSafetyandSecurity
(1) If the Employerrequiresotherpersonstocarryout workson the Site
whichare notpart of the Works,thenthe Employermustensure thatthese
otherpersonsmustsimilarlycomplywiththe provisionsof thisClause.
(2) The Employermustalsoensure thatthese otherpersonsmust
coordinate andliaise withthe Contractoronall aspectsof site safetyand
security.
(3) Withoutlimitingthe general obligationsinClause 19.3(2),the Employer
mustalso require these otherpersonstocomplywithall safetyandsecurity
measuresinitiatedandimplementedbythe Contractor.
 The Contractor
Referto"IEM. CE 2011"
19.1 Site Safety
(1) The Contractor mustat all timesbefore the issue of the Certificate of
Making GoodDefectsunderClause 48.4 ensure that
(a) The safetyof all personsentitledtobe onSite isnot endangered;and
(b) The Site ismaintainedinanorderlystate andin a mannerthat all aspects
of safetyare notcompromised.
(2) Notwithstandingthe general obligationsof the Contractortocomply
withall laws,the Contractoris to complywiththe provisionsof
(a) FactoriesandMachineryAct 1967; and
(b) Occupational SafetyandHealthAct1994 or any amendmentstoorre-
enactmentof these actsof parliament.The Contractor'sobligationsinthis
clause alsoextendtoandinclude all the regulationsandbylawsmade under
these actsof parliament.

2. (3) The Contractor mustappointa suitablyqualifiedandexperiencedperson
as safety officerwhose maindutiesare toensure the compliance bythe
Contractor withall safetyrequirementsrelatingtothe executionof the
Works.
 The Designer
RefertoPWD FORM DB (Rev.1/2010)
14.1 Design
(e) The Contractor shall take full and unequivocal responsibilityforthe
functionality,suitability,compatibilityandsafetyof the designandforthe
adequacy,stabilityandsafetyof all site operationsandmethodsof
construction.
Question2
Explainbrieflythe employer’scommonlaw dutiestowardhis employee?
 A duty of care – Employer must take reasonable care of employee’s safety, avoid
exposing employee to any unnecessary risks and ensure a safe system of work.
 A duty to maintain mutual trust and confidence - Employer must not, without
reasonable and proper cause, behave in a manner calculated or likely to destroy, or
seriously damage the relationship of trust and confidence with employee. In particular, this
duty obliges employers to ensure employees are treated with dignity at work, and to deal
with employee’s complaints fairly and seriously.