iv. Safety officer: Firms with 20 men or more engage in building operations or works of engineering construction, are required by law to appoint at least one safety officer or supervisor who is responsible for safety supervision. He should be conversant with the legislation and list of documents involved. His main duties are:
Periodical inspection of work to check that statutory requirements for safety are observed, promotion of safe working conditions, investigation and recording of accidents; promotion of safety training with the firms or site and production of the annual report to the firms management and to advise on future safety.
2.2.3.4 Butler (1979) similarly looked at accident prevention and control from same perspective where he submitted the following:
I. Top management: Ensure that a clear safety policy is instigated, stating responsibility of all concerned, a system of adequate training and all such items necessary to enable the satisfactory fulfillment of such a policy.
ii. Site management: whose main duty must be to supervise and inspect all site operations ensuring that they can be performed in complete safety taking as a guide the construction regulations, which will ensure that compliance with the law has been met.
iii. Safety Officer: Now required by any firm employing more that 20 operatives. His is a specialist task to assist the site management in the execution of the firm’s safety policy and to offer advice when necessary to ensure regulations covering safety are being maintained. Generally also he is in charge of suitable safety training schemes.
Iv. Operative: The operative’s responsibility for safety is one basically of using common sense: for example, wearing safety helmet and other safety equipment, ensuring that the duties or operations that he performs will not cause injury to his fellow workers.
V. Training: Training plays an important role in this so that the operatives can see the dangers likely to cause accidents. It must always be remembered that every employee is under a statutory obligation to comply with all regulations and is liable to prosecution if he fails to do so.
VI Legislation: The present legislation is contained in the health and safety at work etc. Act, 1974 which covers: construction (safety, health and welfare) Regulations:
(General provision) (Health and welfare) (Lifting operations)
VII Insurance: unfortunately accidents do occur and it is in the contractor’s interest to take out insurance against claims due to accidents or death, not only for employee but also for public liability. The JCT standard form of contract, if used lays down in great detail necessary insurance cover.
Briefly as regards to injury or deaths these are:
1. The contractors to indemnify the employer against proceedings in respect of personal injury or death of persons arising from carrying out works. If the employer or anyone who is responsible to the employer causes the accident by an act or neglect, the employer is responsible.
2. The contractor must cover himself against injury or death to person outside his employment , i.e. third party insurance. This also covers sub- contractors.
3. Every employer must also take out employers’ liability (compulsory insurance) under the Act of 1969. Copies of the certificate of insurance must be displayed prominently and suitably protected where they can be easily read by employees. For contractors, this usually, at the employers' premises. At this point, it will be necessary to look at other provisions of insurance.
2.2.3.5 Insurance Act (2003) under part xi-insurance of property - No 64 states that: "No person shall cause to be constructed any building of more than two floors without insuring with a registered insurer, his liability in respect of construction risks caused by his negligence, of his servants, agents or consultants, which may result in bodily injury or loss of life to or damage to property of any workman on the site or any member of the public."
2.2.3.6 Okwuoma (2008) defined insurance as: “the purchase of security. He listed the following as the reasons why insurance is taken out in construction industry:
a. It is compulsory by law- for example
- The motor insurance by road traffic act (1945)
- The insurance act 2003 (insurance of building under construction and insurance of public building) section 64 of insurance act (LFN)
The workmen compensation acts no 17 of 1987.
b. It is required by contract -in the line with the workings of the particular contract.
c. It is common sense to do so.
2.2.3.7 He went further to submit the following as the forms of insurance available to Builder in Nigeria:-
1. Workmen compensation / Employers liability.
2. Public liability (limit of indemnity)
3. Professional indemnity (to builders who offer a design and build service or to architect or to the structural engineer etc)
4. Contractors All Risks (all contract works etc.)
5. Fire and special perils and theft cover on his own building and contents in potacabin or temporary building at the construction yard.
6. Construction plant and equipment.
7. motor (various types)
8. Money (either money in transit for paying wages at sites or cash) left over in vaults.
