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The construction industry is mostly considered to be a hazardous even when using and providing the required safety devices and policies such as; personal protective devices, fire resistance equipment, electrical safety, evacuation and space entry, in addition to chemical and biological hygiene of hazardous wastes and other precautions which are basically important in the construction work and sites.
Civil managers, Fire Safety Engineering and Building industries are all responsible for managing and ensuring the safe environment in both construction sites and factories in order to reduce the accidents and homicides and to secure the workers and visitors from the hazardous situation which are found in the fabrication and manufacturing of construction works.
Speaking from the fact that construction industries are considered to be the largest industrial employment resources within Europe which gathers more than 7 percent of total employment in United Kingdom (UK), where the number of employees is more than 40 million people in the European Union (EU), United States (US) and Japan combined, (OECD, 2008) all governments and international organizations should formulate and apply tough safety rules to control the sites of this industry and oblige the employers of construction companies to implement the rules of safety and hygiene in the sites.
Statistically, Figure (1) shows that through 2009 to 2010, 42 workers were injured per 100,000 workers in a construction industry which is less than the fatal number in 2008/ 2009 by ten for the same industry; this number remains the highest between all other industries. The detailed fatal can be seen in Figure (1). Figure (1): Number and rate of fatal in construction 2009/ 2010 (Health and safety executive, Website).
Construction Safety and Hygiene:
Within the expansion of hazards and risks at the construction sites (high building requirements), Occupational Safety and Health Administration (OSHA) has recommended since 2003 to use control of practice or hazard elimination to minimize the possible injury conditions. And when it is not always possible, then the personal protection method will be more effective.
Protecting workers at the construction site needs many protective devices and equipment such as; helmet, classes, ear plugs and other personal safety devices which help workers doing their tasks in the safest possible way without any effect on their lives and productivity; where the potentially dangerous forms of workplaces such as; sharp edges, flying sparks and falling stones are near to the workers (OSHA, 2003). Figures 2, 3 and 4 and the brief discussion related will give an idea about the most important protective devices and equipment which are being used in the construction fields for the safety of the workers:
It is the tool that protects the worker's head against injury during the working time from any object that may fall from high places. As shown in Figure (2), it contains some essential parts such as; shell (outer hard part), peak (protect the eyes), brim and harness (SINGAPORE STANDARD, 2005).
Figure (2): Helmet Parts (Merriam webster, Website).
It is the shoes in which the steel or any other rigid materials are used in different parts of it to provide thermal, stress, impact and sliding protection for worker's foot. Figure (3) gives a discussion and parts of a typical safety shoes.
Figure (3): safety shoes (B2B safety, Website).
Parachute Safety Belt:
It is a chain which is used to prevent excessive falling cases of worker in the construction field during work in a non protected area. Figure (4) shows an industrial parachute safety belt. (Bourdon Forge Company, 2006) usually made from ketan or other composite materials which can obtain to the required strength to carry the worker and to avoid any falling accident.
Figure (4): Parachute Safety Belt (GHS Health and Safety, Website).
"Corporate Manslaughter and Corporate Homicide Act" 2007:
Offence of Corporate Manslaughter defines an organization to be guilty if its activities are not managed and causes an accident ought to death or to a gross breach deceased.
The Corporate Manslaughter and Corporate Homicide Act estimates how construction's fatal can be organized inside the organization or company and study the system and process for safety management in the construction workplaces.
Corporate Manslaughter and Corporate Homicide Act applies to all English companies and other corporations, working in England areas, specially, public and third sectors, also it is applicable to partnership employers, as well as to Government departments and police forces (Ministry of justice, 2007).
Companies and organizations should give the reasons that lead to unexpected injuries, while taking into considerations all health and safety breaches and the failures methodology.
The duty care relates to the systems in companies such as the equipment and workplaces that are related to the fact that it is in touch with employees or workers. The duty care may affect on the final goods or services provided by the company and after that supplied to customers.
Offences guilty of the organization should be vulnerable to the infinity fines, also to impose a publicity order needed publicize detailed in convection which is, later on, necessary in formulating the guidelines. In addition to recording and marking all failures related to the injury death (Remedial Order). Employers can contact the regulatory authority for more information about health and safety duties and how they can meet these duties (Ministry of justice, 2007).
The offence apply to either the functions of public or government who are responsible to format policy in addition to other accountability forms.
3.5 DPP (Director of Public Prosecutions) consent:
Corporate manslaughter will be taken and judged by the court information which is drawn from Crown Prosecution Service in UK and Northern Ireland. If Director of Public decides that there is need for that. In Scotland, all prosecutions are initiated by the Procurator Fiscal.
The practice involves a legal report or duty report of incidents written by the employers at work especially when the work involves deaths. Also the police will investigate the criminal offences suspecting and participating their role with HSE due to regulatory authorities.
The Government role can be summarized by doing the expectations that causes of manslaughter/homicide, corporate includes death at work to manage health and safety properly (Ministry of justice, 2007).
Case study I: present case:
4.1 Mc Nicholas Constructions Company:
Mc Nicholas is a provider for different services, which has a high experience of working in different engineering utilities, civil, communications and renewable fields.
Mc Nicholas is the company which has been helping in developing and maintaining the infrastructure of UK since the late 1940s.
As a result, Mc Nicholas calls upon a range of professional engineering sectors such as; civil engineering, construction, mechanical and electrical engineering, information technology and general management.
Mc Nicholas works in four principal sectors:
Water, gas and other utilities.
Renewable energy application
It also takes a part of design and management of services, traffic and risk. In addition of monitoring the health and safety procedure of employees. The Mc Nicholas thinks that experience and strong heritage are the best way to improve the employees' safety procedures. From this point it's believed that employees are the key to success.
The safety certificate of Mc Nicholas :
Safety management is accredited to OHSAS 18001: 2007 - Certificate Number 1695HAS001
Quality management is accredited to ISO 9001: 2008 - Certificate Number 1695QM8001
Environmental management is accredited to ISO 14001:2004 - Certificate no 1695EMS
Principal Contractors License - Link-up Identification Number 15022
Rail Plant Operating Company License - Link-up Identification Number 15022
CEMARS (Certified Emissions Management and Reduction Scheme), Certificate Number 2010048J
CHAS Safe Contractor, Certificate Number N00160847
Construction line, Registration Number 6751
Lloyds NERS, Certificate Number COV0924113F
Lloyds GIRS, Certificate Number COV3150056/003F
Lloyds WIRS, Certificate Number COV3160047F
A patron member of Achilles Verify - Membership no 70167
A registered member of the CITB - Membership no 1525054
A member of RoSPA - Membership no M40700804
A member of the British Safety Council - Membership no 93238
An approved centre for street works utility skills and railway safety critical training.
Nowadays, the award of "500 Accident Free Days Award" for Mc Nicholas Thames link Program team delight the company to confirm that it has provided another safety milestone on one of its rail contracts, only 500 accidents free days during a 365 days on the work that was because of applying the policies of Corporate Manslaughter and Corporate Homicide Act since 6 April 2008 to now.
Program involved the design and installation of fire mains and lighting systems within the Inner Area Tunnels from Black friars through to St. Pancreas International. 800 employees or more at 25 sites participated in this year's annual lookout for safety road show, where Mc Nicholas has sites throughout England, Scotland and Northern Ireland, which is considered as under safety behavior due to OSHA.
One can note the great reduction in the number of injuries and accidents which may lead to death when the companies apply the policy of Corporate Manslaughter and Corporate Homicide Act. 2007.
Case Study II " Graham Construction Company "
On 27th Feb 2008 at 12:00 am, a forklift automobile was behind a workers' death at Dublin Airport. The Health and Safety Executive claimed that the construction company didn't apply safety and hygiene requirements; where the forklift wasn't ready to drive.
The police reported that worker has died after a short period from the incident. He has been killed after trapping under the wheel of a forklift which was working on one of the buildings of Dublin Airport.
Graham Construction Company announced that the report which informed by the Health and Safety Executive, wasn't correct. The spokesperson of the company said that company adopted the reason behind employee irresponsibility, and said "we aren't responsible about this issue ".
The company took all the serious obligations when The Health and Safety Executive's report analyzed the situation. The company was ready to be co-operating with different authorities and rules in order to figure out the real cause of the incident.
In the first case study, Mc Nicholas Constructions Company was able to prevent its employees from different types of risks or hazard through implementing the policy of Corporate Manslaughter and Homicide Act, as a result, it received many prizes and certificates, also the number of incidents which was recorded of the company was zero between the periods Feb 2009 and Feb 2010. The second case study which was Graham Construction Company didn't implement the policy of Corporate Manslaughter and Homicide Act so its employees were exposed to different types of accidents and homicides which caused financial overload in the company, not to mention the risks happened inside the workplaces.
The industry of construction is considered to be one of the most hazardous industries in the world. Civil managers and Fire Safety Engineers are both responsible to manage and ensure the safety in both construction sites and factories, since the construction industry is the largest industrial employment resource in Europe and responsible about 7% of the total employment in UK, as a result, the government had to organize and manage safety and hygiene procedures in this industry by the force of law. Because of the expansion of hazards and risks at construction sites OSHA recommended to adopt procedures that control practices and eliminate hazards to minimize possible dangerous conditions.
Protecting workers in the construction sites needs many protective devices and equipment such as; helmet, classes, ear plugs and other personal safety devices which are recommended by the Corporate Manslaughter and Corporate Homicide Act. Offence is an organization which might be seen guilty if found among its activities any motives that may cause an accident leading to either death or gross breach deceased. This rule has been applied on all English companies and other corporations working in England areas, especially, public and third sectors. Gross Breach, Duty Care, Penalties, Exemptions and DPP consent are considered as the basic aspects of Corporate Manslaughter and Corporate Homicide Act 2007. The Corporate Manslaughter and Corporate Homicide Act 2007 are able to establish the legal fatales of Mc Nicholas Company in the worksites where the worker's activities are managed and organized in incidents that may a way that may cause death. Actually this initiative was able to minimize and eliminate the death causes accidents at the workplaces, which is clear in the studied cases.