How Do You Handle Construction Workers Ignoring Safety Rules Due to Comfort and Speed Concerns?

I am working as a safety officer on a housing construction site where unskilled labor is employed by subcontractors. Despite my best efforts, I am unable to enforce the use of PPEs or other safety guidelines with this labor. One of the reasons is the subcontractors of the labor, who do not encourage them to use the PPEs as it hampers their speed of work (as per them), and the workers do not like to put on helmets or safety belts as it is not comfortable for them.

Challenges in Enforcing Safety Measures

Normally, in such cases, we try to punish the concerned contractor by imposing fines, etc. However, the company is lukewarm as they do not want to take steps that might result in losing the labor. The labor is illiterate and ignorant about the dangers involved and sometimes careless as well. They simply do not try to conceive the idea that it is all for their welfare. They do not listen to the supervisory staff and obey safety rules only while I am present, then revert to unsafe working as soon as I leave.

Seeking Advice and Legal Implications

Please suggest if anybody has faced such a situation. What kind of legal implications are there if there is an accident under such circumstances, and what kind of measures can be taken to avoid this?

Regards

This is a typical case in construction. However, in bigger companies like L&T ECC and Jayaprakash Group, if workers are found without using PPE, they will be reprimanded first. In case of repeated occurrences, the contractor and his workforce will be sent out. This is due to the complete conviction of the top management on safe working practices and conditions.

If there is an accident on-site, it would definitely have legal consequences for both the contractor and the principal employer. Unfortunately, many such incidents get "managed" and closed by paying some compensation to the next of kin of the victim.

It is advisable to hold some film shows for your management, workers, and contractors. This could be done by using some of the videos that the National Safety Council has brought out exclusively on construction safety.

Kind regards,

Regards

Thanks, Dayanand, for your valuable views and advice. I think in my case, the problem lies with the management. They do not want to spend on safety, and I think my employment is only to fulfill some statutory requirements. These people are penny-wise, pound-foolish. Since they are not serious about safety, nobody else seems to be serious. But all this is a cause of concern and frustration for me because I want to do my duty honestly and do not want to be blamed for something that is not my doing. Kindly advise.

It is evident that your management would be looking at you to be blamed in case of some accidents. It is best advised to keep the maximum possible documentation. This may include:

- Many written warnings to contractors on safety violations.
- Emails to senior members at your organization regarding any findings from your side about the unsafe practices.
- Emails to senior members also regarding the warnings issued to the contractors despite which there is inaction.

This would help to some extent in avoiding tricky situations for you in case of an eventuality.

Kind regards,
Dayanand