DRAFT REPORT OF THE PROCEEDINGS OF

HELD AT PANAFRIC HOTEL 5TH 6TH JULY 2011.

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Executive Summary
The construction sector is a key industry worldwide. In Kenya, the sector continues to grow and has been recording an increase in growth of about 8%. It contributes about 4% of the GDP and employs around 85,000 people. It is envisaged that the sector growth will triple as devolved government structures take shape coupled with the governments deliberate policies and efforts to spur economic development of the rural areas. Demand for residential building and desire for better road network is on the upward trend in line with vision 2030. The sectors growth will turn catastrophic if proper construction safety and health legislations and a Competent Safety and Health Authority to execute this mandate are not put in place. Towards this end, there will be a strong case to put safety and health as national agenda at the National Economic and Social Council (NESC). The laws, standards, codes of practice and other legislation governing the management of health and safety at work are available and quite comprehensive. Construction sector too has a number of standards and by-laws. Amazingly, compliance and enforcements mechanisms are weak and this has cost human life, injured workers and destroyed properties. The regulatory agencies are not enforcing compliance with health and safety for a variety of reasons ranging from lack of adequate resources and capacity to being compromised. The professional bodies are not playing their roles as detailed in their own charters and the various legal instruments effectively. Responsible business behavior is taking its toll and it will have far reaching implications on organizational decision making processes. Responsible business behavior has integrated most of the internationally recognized standards and instruments. Organizations and other stakeholders in the sector will be expected to show commitment in respect to safety and health among other practices within their organizations and within their sphere of influence. Kenya has not ratified key safety and health conventions such as the ILO Convention 155 and 187. This has some implications in terms of promoting a safety and health culture. It is of essence that the Government ratifies these conventions and makes it mandatory for enterprises to comply with national safety policy. Business sector is becoming a borderless global economy, a competitive market environment and a climate which is increasingly demanding for open, responsible and accountable business practices. The present and emerging realities in the business world have led to a situation where business success, image and reputation is judged not only by its profit margins but also how well it manages its processes and business risks. Brand and corporate image and reputation are driving how business partnerships are forged and dismantled. Unsafe work environment is an obvious subject which can ruin the image and reputation of business. Construction stakeholders need to take heed of this to promote safe working environment in the sector. However efforts from stakeholders need to be harmonized and harnessed in order to avoid duplication in law enforcement and promotion of the safety culture.

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The forum discussions were centered on the above scenario and participants were drawn from Contractors, Architects, Surveyors, Engineers, Developers and

Clients, government department s, law enforcement agencies, OSH Consultants/Advisors, sub-contractors & suppliers to the construction sector:

The objective was to share experiences, knowledge and innovations towards making construction sector safe. It is expected that the outcomes from this forum will influence a process towards robust policies and guidelines to prevent accidents in the sector.

This report details the forums key observations, major recommendations and way forward in addressing safety and health issues in the construction sector. In summary, it was observed that: (a) Subjects on safety and health have not received proper national attention. This is exhibited by the uncoordinated manner in which safety issues are managed. Vision 2030 under the economic and social pillars is silent on managing national competitiveness through enhanced safety and health practices. Although safety and health is well casted in the Private Sector Development Strategy document there are no marching resources to drive safety and health as national issue. In addition, there is generally a lack of Commitment and leadership in health and safety management; (b) while there are efforts to streamline and professionalize construction sector through the enactment of the proposed Construction Bill, there are still loose ends in terms of embedding a safety culture in the National psyche; (c) Professionals in the construction sector have limited safety and health knowledge as this subject is not adequately covered at university and technical training institutions. This in return retards efforts to create awareness on the need to observe safety precautions in all facets during construction; (d) Enforcement agencies have conflicting mandates as far as safety and health is concerned. The enforcement agencies including civic authorities, government ministries and public sector state corporations have limited capacity to fully enforce safety and health matters in construction sites; (e) safety and health principal conventions of the International Labour Organization have not been ratified despite the existence of an elaborate Occupational Safety and Health Act 2007 and other New Labour Laws provisions; (f) access to construction technical requirements and information is lacking. Stakeholders have to procure a series of safety documents and spend long hours trying to make their own interpretations; and (g) the construction industry has the highest number of practitioners who do not posses required professional and competence requirements. This has Page 3 of 94

resulted in poor workmanship and failure to observe necessary technical standards.

RESOLUTION OF MAJOR STAKEHOLDERS FORUM FOR SAFETY IN THE CONSTRUCTION INDUSTRY IN KENYA
We the representatives of Stakeholders in the Construction industry in Kenya, having attended a Forum for Construction Industry Safety held in Nairobi at Panafric Hotel on the 5th & 6th July 2011, and organized by Federation of Kenya Employers and International Labour Organization, RECOGNIZING the important role played by the construction Industry in the Kenyan economy CONCERNED at the high rates of construction site injuries and deaths in the recent past COMMITTED to the implementation of both ILO Convention 155 concerning Occupational Safety and Health and the Working Environment and Convention 187 on Promotional Framework for Occupational Safety and Health Convention DETERMINED to forge links among the construction industry actors and maintain close and sustainable collaboration with the government and enjoy the mutual benefits accruing from such collaboration BELIEVING that there are mutual gains of considerable value to be made through Preventative Occupational Safety and Health enforcement ACKNOWLEDGING that construction industry is one of the biggest employers and is vital for achieving Kenyas vision 2030 CONVINCED that accidents at the work place should be avoided at all costs, we hereby RECOMMEND that: 1. Safety and health is given high priority at the National Economic and Social

Council and that strategic leadership in driving safety agenda is provided by key ministries and state institutions/corporations contracting out construction activities;

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2. The government should establish, maintain, progressively develop and

periodically review a national system for occupational safety and health at the work place;

3. The government should set up a ministry of Occupational Safety and Health

representing Infrastructure ministries and institutions;

4. Ministry

of labour and other stakeholders should mount vigorous campaigns on occupational safety and health including using the media to achieve maximum impact;

5. There should be legislation covering the whole country under Occupational

Safety and Health Act. The government should make it mandatory and enforce erection of sign posts at construction sites displaying the name of the safety officer on the board;
6. Measures should be taken with a view to promoting the inclusion of

questions of occupational safety and health and the working environment at universities and tertiary institutions including the use of passport schemes;
7. Establishment and Re-designation of the Directorate of Occupational Safety

and Health as an Occupational Safety and Health Authority (OSHA)/ (OSHBA);

8. Kenya

should ratify or enforce ILO Conventions 155,162,167 and Convention 187 to create the required framework for the enforcement of Occupational Safety and Health in the workplace;

9. The Directorate of Occupational Safety and Health should collaborate with

other institutions in carrying out its mandate given limited personnel they experience;

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10. Federation of Kenya Employers should follow-up on the inclusion of

occupational safety and health in the curriculum of the engineering, quantity surveying and architectural departments at university level;

11. Occupational Safety and Health issues should be given the same priority as

other components of the project and be included in all bids as a bill item, special specifications and conditions of contract; and

12. Passport training schemes are introduced at the Directorate of Industrial

training to equip small contractors with skills on specific disciplines needed in the construction industry

Table of Contents
Executive Summary...........................................................................................................2 RESOLUTION OF MAJOR STAKEHOLDERS FORUM FOR SAFETY IN THE CONSTRUCTION INDUSTRY IN KENYA...........................................................................................................4 Table of Contents............................................................................................................... 6 3.2 Key to ranking of risks and prioritization of intervention.....................................68 3.3 Navigation of the report of findings.....................................................................68

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Introduction
REWARDS OF GOOD OCCUPATIONAL SAFETY AND HEALTH (OSH) MANAGEMENT IN THE CONSTRUCTION INDUSTRY.

SPONSORED BY THE ILO AND ORGANISED BY THE FKE ASSISTED BY THE IOE Worldwide every day some 6,300 people die as a result of work-related injuries or diseases. This translates to more than 2.3 million deaths per year. Each of the 337 million workplace accidents that occur each year commonly results in extended absences from work. The total cost of this to society is 4 % of global GDP each year, which exceeds the total value of the stimulus packages introduced in the face of the economic crisis of 2008-09. In response to the crises be it finance, fuel, food or climate change, considerable portions of economic stimulus packages are being used for infrastructure development which will involve both opportunities and challenges for the construction sector. In occupational safety and health (OSH) terms the construction sector is one of the highest risk sectors. Its expansion will create jobs but more jobs often mean more accidents, many with fatal consequences. It is essential that this opportunity for job creation does not become self defeating by harming people doing the jobs that are created. The contractor is often squeezed between suppliers and clients, to deliver the project on time and on budget whilst satisfying designers and architects and relying on suppliers and subcontractors to play their part. Construction sites are constantly changing Page 7 of 94

workplaces where OSH risk situations change rapidly. Such uncertainty increases risks and risk-taking. It doesn't have to be like that because most of the risks during construction operations are well known and preventable. Many construction companies are gaining competitive advantage and global contracts by exemplary OSH project management. It is time to make a concerted effort to ensure that occupational safety and health is an integral element of strategies for strong, sustainable and balanced development. Workers and their families, enterprises, societies and economies stand to benefit. THE CHALLENGES Successful OSH performance during a construction project relies on detailed planning, rigorous implementation of systems, procedures and training and effective monitoring. When there is rapid expansion in an industry or a project, it can involve the training of an inexperienced and unskilled labour force. All this will be subject to intense scrutiny by regulators, the public and funding providers. Its crucial that contractors work proactively, with all involved mitigating risks of harm which could jeopardise delivery to project deadlines and incur financial penalties. Get the insight you need to instill a culture for safety procedures and successful delivery

A.

Preliminaries & Opening Remarks

1. MR. CHARLES NYANGUTE Projects Manager, Federation of Kenya Employers Mr. Nyangute welcomed the participants to the Forum for Safety in the Construction Industry and thanked them for availing themselves for this important event. He explained that the sector has the highest number of deaths both internationally and nationally. He then asked members to do self introduction. 2. JACQUELINE MUGO Executive Director, Federation of Kenya Employers

Eng. Michael Kamau, Permanent Secretary, Ministry of Roads Mr. Franklin Muchiri, Senior Advisor - ILO {Pretoria} Mr. Francis Murage, 2nd Vice Chairman of - COTU {Kenya}, Mr. Hezron Njuguna, Senior Advisor, Employers' Activities - ILO {Ethiopia} Page 8 of 94

Mr. Asfaw Kidanu, Chief Technical Advisor - R2000 {Tanzania} Dr. Abdullahi Aden, Chairman, National Council for Occupational Safety and Health Representatives of all participating partners Distinguished Guest Ladies and gentlemen Good morning and welcome to the forum for construction safety 1. WHY Occupational Safety and Health in construction industry?

The Construction industry is one of the world's major industries and it is one of the
major employers in Kenya. Work sites in the industry are generally dangerous and hazardous if safe work procedures are not implemented and practiced at all times The industry employs all skill levels (artisans, craft technicians and engineers) and to a large extent, the industry also employs unskilled labour mainly on casual basis thus creating opportunities for accidents some of which are fatal We can all create safe workplaces for better health and competitiveness in the construction industry. It is estimated that 10% of Gross Domestic Product (GDP) for each developing country may be lost due to occupational accidents and diseases (International Labour Organization). Safe work is about preventive measures, proactive approach to safety and putting in place systems to propagate good safety and health practices in the construction industry. Occupational Safety and Health (OSH) at construction sites is everyone's responsibility but for this to be internalized, organizations should provide everybody with adequate OSH knowledge as well as implementing continuous OSH improvement programmes.

2. WHAT FKE HAS UNDERTAKEN IN GENERAL OCCUPATIONAL SAFETY AND HEALTH As of the support to members, the Federation with the support from DANIDA, prepared OSH training manual in 2006 and between that time and 2008, the Federation trained 2,000 managers and supervisors from all sectors of the economy. In 2009, the Federation once more developed training manual on OSH Committee Training where 1,400 managers and supervisors were trained. In 2010, the Federation piloted its training Module on construction safety. THEME OF THE TRAINING "Say No to construction accidents. The module was well received as the trial run, 100 participants went through the module. Main objectives of the training are: To empower participants with practical skills towards making construction sites safer. Page 9 of 94

 To empower participants with skills in managing hazardous processes To enable participants appreciate safe work and proactive approaches in managing OSH programmers in the sector To impart knowledge for developing, planning, organizing, implementing, evaluating and preventing hazard in the construction industry Another OSH program introduced in 2010 by The Federation was OSH Audit Self Checklist. The objectives of this module are: To provide participants with tools to undertake comprehensive Occupational Safety and Health Self Audits. To assist organizations to establish and manage their own safety and health programmes. To enhance safety at the workplace. 3. WHY? Reasons for the FKE/ILO/IOE forum on construction and safety Work sites in the industry are generally dangerous and hazardous if safe work procedures are not implemented and practiced at all times. In occupational safety and health (OSH) terms the construction sector is one of the highest risk sectors. Its expansion will create jobs but more jobs often mean more accidents - many with fatal consequences. It is essential that this opportunity for job creation does not become self defeating by harming people doing the jobs that are created. The sector is crucial to Kenya's development process and unless radical and drastic measures are taken, sustainable development in Kenya will be hindered due to unsafe practices. There are more than 5,000 registered contractors. Some of these contractors fall in all categories as per the Public works classification. Majority of them carry construction works in major urban and rural areas. Most of them are also contracted by the Government. How come the contractors do not adhere to specific OSH clauses in the contract document? Kenya has high human resource base supporting the sector. There are equally many enforcement agencies in the sector and the current challenges are who actually is coordinating OSH issues sector? It is also worth noting that many professionals in the sector have not been given sufficient awareness on OSH issues. This therefore calls for a review of the current curriculum. 4. THE WAY FORWARD/ FORUM OBJECTIVE The objective of this forum is to share experiences, knowledge and innovations towards making construction sector safe. It is expected that the outcomes from this forum will influence a process towards robust policies and guidelines to prevent accidents in the sector.

3. BRO. FRANCIS MURAGE 2nd Vice Chair, Central Organization of Trade Unions (COTU) The Chief Guest of honor Page 10 of 94

The Executive Director, Federation of Kenya Employers, Mrs. Jacqueline Mugo The Representative from the International Labour Organisation Representatives from Government Ministries Representatives from Public Institutions Representatives from Professional Bodies Ladies and Gentlemen It is a great honor for workers to have been invited to this very important forum to discuss construction safety in Kenya given the recent accidents that have occurred in the past one month that have resulted in loss of life and property as well as injuries sustained to our workers involved in the accidents. Allow me to bring to you greetings from the Secretary General who due to other commitments is not able to be with us today but he is with us in our deliberations over these two days. Workers in the construction industry are represented by the Kenya Building, Construction, Timber, Furniture and Trades Employees Union which is an affiliate of COTU (K). Over the years the safety of workers in the construction industry has been under great risk due to the increase in construction of buildings and infrastructure. Frequent incidents of collapse of storey buildings that are coming up, and even those already occupied, inevitably point a finger at incompetence and professional negligence. It's inconceivable that a building in which professional expertise has been employed would just come tumbling down unless there was a natural disaster such as an earthquake. But even where there is a likelihood of such devastating natural occurrences, architects, engineers and other professionals involved in such building projects try their best to ensure that the consequences of such an incident are minimised. The construction industry in Kenya contributes significantly to the socio-economic development of the nation. A variety of construction technologies are used in the sector, which employs a vast number of workers with varying skills who use different tools, equipment and machinery depending on the type and magnitude of the construction work. The application of labour-intensive technologies in the construction industry in Kenya calls for the provision of occupational safety and health services to the workers. In particular trade unions as well as employers have a big role to play to ensure that Occupational Safety and Health Committees at the work place are established so that we can avoid accidents occurring at these places. COTU (K) believes that accidents at the work place should be avoided at all costs because we don't encourage workman compensation rather we would be happy to see workers who are well protected as this will lead to increased productivity and enhanced economic development. It is our belief that this forum will come up with strategies of reducing and eventually eliminate accidents at the work place. THANK YOU. Page 11 of 94

4. DR. ABDULLAHI ADEN Chair, National Council for Occupational Safety & Health (NCOSH) Workers do not practice occupational safety Is it carelessness, Ignorance? Solution has to come from all concerned especially from the forum Safety culture is the solution

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5.

HEZRON NJUGUNA ILO,ROAF, Addis Ababa

Guest of Honour FKE: Distinguished Guests: Colleagues: Ladies and Gentlemen: May I start by thanking the FKE for putting together this important workshop which will address some of the key issues that are facing the construction industry in Kenya with regard to occupational health and safety.

A thriving construction industry is an indicator of a growing economy. It creates jobs and wealth which in turn propels more growth as it needs to be fed by other sectors of industry for its inputs. Its promises and deliverables are visible and are an encouragement to many other industries downstream. It is, therefore, unfortunate when the industry becomes a source of worry, fear, and despondency. Accidents in the industry in the recent past have earned it this Page 13 of 94

notoriety.

Negative repute to the industry results in low worker morale, low productivity, low incomes, etc. This is a vicious circle that feeds itself on itself and leads to disaster. Investments in the industry are quite high and failure to realize profitable returns is a discouragement for the investors. Low productivity and poor work ethic contribute to this in great measure. This may result in trying to "cut corners" in critical areas such as occupational safety and health which in itself is a recipe for disaster. Poor wages, poorly trained staff, lack of staff motivation, poor labour and industrial relations manifest themselves in absenteeism, pilferage and accidents at the workplace among other vices all of which are not conducive to profit making and sustainability of these enterprises. Regulation and self regulation appear to have failed and quite often the construction industry is under siege and rightly so as some buildings have been known to collapse while still under construction and when completed with fatal consequences. The blame game does not help and there is a need for all the construction industry players to get together and work on a strategy on how to overcome the inherent failures in planning and execution of construction projects. This will contribute to a better image for the industry, profitability and sustainability. Competitiveness by local companies in the construction industry is failing. Most major contracts are being worn by outsiders and local companies are not visible. Some of the contractors do not appear to respect the freedom of association principles enshrined in the labour laws and this is another issue that the industry needs to address as it contributes to some of the less than satisfactory performances in the industry. Is failure to compete being contributed to by undercutting in the form of poor working conditions, low wages, etc? If the lifespan of some of our roads is an indicator of the quality of work being done by some of the contractors then we are in trouble and need to look for a solution urgently. Professional bodies, architects, engineers, surveyors, etc should all ensure that their members are well versed and take responsibility for occupational health and safety issues in projects under their watch which will enhance the safety of all on site and the public at large. All authorities with a hand in the construction industry must also play their part and not sit back and hope that all will be well.

Every player and authority in the construction industry must be seen to operate above board without any perceived wrong doing or corrupt practices which have been seen as a major contributor to some of the problems the industry finds itself in. Their work must be matched by a high degree of professionalism and I hope Page 14 of 94

that this workshop will be a seed for this and the starting time is now.

The ILO is a partner in this enterprise and will within its means provide support, technical and otherwise, for the realization of objectives the FKE and the construction industry aspire for.

I wish you fruitful deliberations which will result in the development of meaningful actionable conclusions. 6. ENG. M.S.M. KAMAU, CBS, HSC Permanent Secretary, Ministry of Roads Representatives of ILO, Representatives of FKE, Participants, Organisers, Ladies and gentlemen, I have the pleasure to be here with you today in this workshop on health and safety in the construction industry. 1. We are all aware that the construction industry is the most dangerous land based work sector everywhere in the world. 2. A number of people are either killed or injured at construction sites and it is construction workers who bear the serious risks of injuries some of which result into fatalities. 3. You are also aware that any effort aimed at addressing the concerns of health and safety in the construction industry will involve acquiring managerial skills such as planning, organising and controlling. 4. Once the construction managers are equipped with management skills, the following key areas need to be addressed. Namely:

i)

Scaffolding Use of trained workers Supported and suspended Outfitted with guard rails Must be able to support 4 times the maximum intended load (ii) (iii) Fall protection Identify specific hazards Provide fall protection equipments/accessories e.g. nets Regular review of protection procedures Ladder safety Must be secure and safely positioned Page 15 of 94

 (iv) (v) (vi)

Visual inspection before use Should be used in compliance with weight standards Respiratory safety Employers must have exposure assessment to determine levels Provision of dust masks Personal protection equipment Sensible safety footwear with good grip Right tools Suitable heavy protection for noisy areas Limiting the time each worker can use high vibration tools First -Aid and fire safety Suitable and clear fire escape routes, emergency site evacuation procedures Fire extinguishers and "maintaining contact of emergency services even at site Use of alarm

(vii) Exclusion spaces/zones Fencing the work area to protect the public (viii) Record keeping Maintaining up to date records of equipment inspections Injury logs (data) Best way to protect employers from legal ramifications (ix) Welding safety (x) Training and supervision with clear instructions Key to curbing many work place accidents Linking health and safety On lifting aids and equipments Emergency site evacuation procedures Fire and first aid provision Uses of equipment Handling and risks of hazardous substances Should involve virtually all construction safety components

(xi) Manual handling Equipment fitness certification Inculcation of Proper maintenance culture (xii) Equipments, plants and vehicles Separating traffic, vehicles and plants from pedestrians by providing barriers and displaying warning signs Exercising caution when reversing moving objects such as vehicles at construction sites Page 16 of 94

 Securing loads properly Carrying passengers only on vehicles designed to carry (xiii) Identification of services Identifying existing services on site e.g. electric wiring, gas mains, deep sewers, exposure to inflammable and hazardous substances like chemicals, oil etc 5. Ethics: What is lacking is taking pride in the standards of what one does. 6. Contractors Use of licensed contractors to deal with specific issues on site 7. Regulatory framework & policies NCA Bill has been passed by Parliament and is awaiting Third Reading Adhering to approved code of practice Enforcement 8.Development and dissemination of IEC on health and safety in the construction industry

9. Contractors should be ISO Certified to improve their internal processes that

include health and safety In conclusion, what is required is collaboration between partners in the construction sector. THE END 7. PROF. JOHN LONYANGAPUO Permanent Secretary, Works

Mrs. Jacqueline Mugo, Executive Director, FKE Francis Atwoli, Secretary General COTU International Labour Organization Ladies and Gentlemen It gives me great pleasure to be here this morning to take part in this very important Conference to discuss Construction Safety. Let me, first of all, commend the Federation of Kenya Employers for organising this conference which provides an ideal forum for key players in the industry to exchange views on the important subject of construction safety. The construction industry is one of the biggest employers in Kenya and has over the past decade played a crucial role in our economy. The industry is increasingly making valuable contributions to building Kenya into a middle level economy and business hub. We have in the past few years witnessed intensive construction of many public and Page 17 of 94

private housing projects, roads and other superb infrastructure projects that are vital to our long-term development. Indeed according to latest findings by Kenya National Bureau of Statistics (KNBS), Kenya's economy expanded by 4.9 per cent in the first quarter of the year. Improved productivity in the construction sector was singled out as one of the major factors for this impressive performance. Financial services, transport and communication sectors were the other factors that contributed to the growth. It is important to note that construction sector expanded substantially and grew by 10.7 per cent first quarter, more than 10 times the 0.3 per cent growth a year earlier. The sector employs all skill levels (artisans, craftsmen, technicians and engineers) and to a large extent, the industry also employs unskilled labourers. We certainly take pride in all these achievements. At the same time, we recognize the importance of ensuring work safety on our construction sites. The construction industry, because of the nature of its work, poses more hazards than most other trades. Worldwide every day some 6,300 people die as a result of work-related injuries or diseases - more than 2.3 million deaths per year. We have witnessed quite a frightening increase in numbers of construction site accidents. The recent collapse of the buildings in Embakasi and Langata are still fresh in our minds. We are alarmed by the spate of serious accidents on our work sites in recent months, particularly those leading to death of workers or those that cause fatal bodily damages. It is sad to note that these accidents might all have been prevented if adequate safety measures had been taken. The tragedies remind us that much more need to be done to ensure the safety and health of our construction workforce. Safe work is about preventive measures, proactive approach to safety and putting in place systems to propagate good safety and health practices in the construction industry. We cannot, therefore, over emphasis that Occupational Safety and Health performance during a construction project relies on detailed planning, rigorous implementation of systems, procedures and training and effective monitoring. Ladies and Gentlemen: The Government is fully committed to enhancing the standards of safety and health at work, focusing on those industries with high accident toll, such as the construction industry. We subscribe to the principle that the primary responsibility for safety and health at work lies with those who create the risks and those who work with them. Our strategy is, therefore, to foster self-regulation by duty-holders, and improve the safety performance of their workplaces, through legislation, enforcement, publicity as well as training. Page 18 of 94

I note that a considerable part of your programme is devoted to the subject of legislation, regulation and enforcement. Allow me to contribute my thinking on this discussion by highlighting three key areas which I think can bring about safety and health in construction sites. The three areas which I would like to make general comments are legislation, training and education. Ladies and Gentlemen: The recent spates of construction site accidents have demanded that we take a fresh look at the legislation concerning construction site safety. We need to review our legal framework and the future direction to ensure safety and health at work. Where necessary, we must incorporate in our safety legislation the concepts of risk assessment and safety management which, together, would provide a solid foundation for selfregulation. We must make it a requirement that firms conduct safety audits or reviews at regular intervals. In my view, the adoption of safety management system at enterprise level is the key to achieving self-regulation and, hence, long-term and sustainable improvement in work safety. We must also embark on focused inspection and enforcement programme that will target poor performers in safety and health at construction sites, especially those who choose to ignore our advice and specific high-risk areas. Ladies and Gentlemen: The success of the safety management approach in bringing about improvement in the standards of safety and health at work depends to a large extent on the inculcation of a strong safety culture among employers, senior managers, supervisors and frontline workers. To this end, an ongoing training programme plays a vital role. It is also widely recognised that safety training for workers helps to enhance safety awareness and reduce accidents at the workplace. Mandatory safety training for all persons employed in the construction will boost safety and health in construction sites. I believe it will be very beneficial if the employees are required to attend recognized safety training courses and obtain a certificate before they can be allowed to work on construction sites or for container handling establishments. Promotion and education are important supplements to legislation and enforcement. To prevent accidents, promotion of safety awareness, programmes for initiating attitude change, provision of sufficient instruction, training and supervision to the workforce are all important. To achieve this we need to enlist the support of stakeholders in Page 19 of 94

promotional campaigns, in order to make the best use of resources and maximize their impact. Ladies and Gentlemen: Safety and health at work is an important item on our agenda, and we will strive for continuous improvements. But I must impress upon you that safety is a shared responsibility. The Government alone can hardly bring about long-term improvement in work safety. The achievement of this goal calls for the joint efforts of employers, contractors, employees, relevant professionals, related bodies and the Government. By working hand-in-hand, we stand to make a real difference in improving safety and health at work. I hope that the outcomes from this forum will influence a process towards robust policies and guidelines to prevent accidents in the sector. It is essential that this opportunity for job creation does not become self defeating by harming people doing the jobs that are created. It is also crucial that contractors work proactively, with all involved in mitigating risks of harm which could jeopardize delivery to project deadlines and incur financial penalties. Ladies and Gentlemen: The construction industry has certainly contributed in economic development and employment of large numbers of Kenyans. The challenge ahead for all of us is to improve the Occupational, Safety and Health of the workers. Although the task is particularly demanding, the Government's commitment is clear, and I hope this commitment is shared by all of you. Construction safety is a matter of life or death. We look to all stakeholders to put in their best efforts and provide a safe work environment for our construction workers. With those remarks it is now my pleasure to declare the forum for Construction Safety officially opened.

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B.

DAY 1 PRESENTATIONS & DISCUSSIONS

1. GENERAL OVERVIEW OF OCCUPATIONAL SAFETY AND HEALTH IN THE SECTOR Page 21 of 94

By F. K. Muchiri Senior OSH Specialist, ILO-DWT Pretoria Global OSH situation By the end of this day, nearly 1 million workers will suffer a workplace accident or disease. By the end of this day, around 5,500 workers will die due to an accident or disease from their work! Construction is one of the world's major industries rapidly growing economies recovery and the reconstruction phases. Despite mechanization, its still largely labour-intensive

Global estimates of work-related fatalities (2003)

Distribution of fatal accidents in the construction industry by region

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Some Key Facts and statistics Based on ILO estimates in construction: There are annually at least 60,000 fatal accidents on construction sites around the world- one fatal accident every ten minutes in this sector, A European survey in 2000 showed that 16% of construction workers were exposed to hazardous chemicals for half their working time more than in any other sector.

Kenya, EAC region, Africa Two dead, five rescued from collapsed building -14th June 2011

Two dead, five rescued fro building -14th June

Uganda Contractor compliance with the OSH Act, 2006

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Pursuant to Section 40(2) of the OSH Act, the site was notified to the Commissioner for Occupational Safety and Health on 12th May 2008. OSHA department declared OSH plan inadequate and further plan for special operations was requested but never submitted. Building as planned The Collapse 8 killed; Oct. 2008

The basic view of the key goals of a construction project

EU The Cost of construction accidents is estimated at around 3% of the volume of the project. The cost of strict compliance with European legislation on OSH is around 1.5% of a construction projects volume. - The costs on OSH prevention should be prime costs Competitiveness and Safety Comparisons between national competitiveness and levels of safety indicate that better safety and health equals better national productivity

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Competitiveness a

Comparisons between national comp safety indicate that better safety and national productivity
Key Aspects of Best Practice OSH Culture in Construction

Competitiveness and Safe Organisational Vision that embraces ethical values not just purely commercial reasons for good safety and health; Industry needs to establish time-bound targets and a set of agreed performance Com petitiveness, left scale Series4 indicators Good recording/reporting system Competitiveness Deaths, Series3 right scale Management approach that takes into account local situation but also aligned with Index global standards 6.5

ILO OSH action6through standards and other instruments Relevant standards 5.5 About 70 Conventions deal with OSH 2 Protocols 26 Recommendations5 Relevant other instruments 4.5 37 Codes of Practice
4 Key ILO Instruments for the construction Industry ILO adopted the 1st Convention for the construction industry in 1937; 3.5 In 1988,the Safety and Health in Construction Convention (No 167) and its associated Recommendation (No 175) were adopted, reflecting the need for a broad 3 approach to tackling some of the safety and health problems in the industry One of the key issues that this Convention addresses is the need for planning and coordination of safety and health on site and project Office. In 1992, a new ILO Code of Practice - 'Safety and Health in Construction' - was approved. This Code gives practical guidance as to how safe and healthy working conditions can be provided and maintained on construction sites, complementing the broader approach of the Convention and Recommendation.
Fi nl an d U S S w A e D de en n S ma in ga rk po re Ic S w ela it ze nd rl a A us nd N et tr h al er i a la nd Ja s p an

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C UK an G ad er a m K an y or ea R E . st on P or i a tu g al C M hi al l e ay si a S pa Fr in a B nce

ILO Code of Practice

establishes responsibilities for the designers and the clients; and also requiring
those submitting tenders to make provision for the cost of safety and health measures during the construction process.

Implementation and Operation of Project OSH Plan Declaration of in-house OSH policy Identification of risks, hazards and countermeasures Formulation of OSH plan for construction project (by contractor taking into account risks residual risks from the design stage who checks the plan?) Implement & operate OSH plan for construction project with periodic review Involve workers and establish system for feedback employee's opinions in OSH measures Evaluate subcontractors' OSH management capabilities How can the application of the laws help? 1. Look at the gap between law and practice - who is responsible for what at what point, and with Who? 2. Is there need to designate an overall authority/ies to oversee construction projects?-of what magnitude? How can this be operationalized? 3. Who should be the key stakeholders? 4. Which standards are the main focus and what are the costs of implementing them? 5. Can we assign responsibilities/accountability right from design-construction, commissioning, maintenance and demolition? or is this is already in place? 6. How about incentives AND sanctions for compliance; and non-compliance?

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Th n You ak !
Page 27 of 94

ME

F.K. M ch u iri,

2.

SAFETY ISSUES FROM CONSTRUCTION PROJECT DESIGN TO EXECUTION (INVOLVING ALL IN THE CONSTRUCTION PROJECT TO ENSURE SAFETY IS ADDRESSED) By Fred Ogonji Consultant on Occupational Safety and Health

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3. CHALLENGES & ENFORCEMENT OF BUILDING OPERATIONS AND WORKS OF

ENGINEERING RULES (1984)

BY O.T. NDEGWA INTRODUCTION Why should we be concerned about safety in construction industry? 1. Construction industry is one of the major industries of the world and it is found in all countries. 2. The Construction industry is used to build cities, roads, airports and other infrastructures including re- building areas destroyed by floods, war, and earthquake e.t.c. Page 29 of 94

3. The construction industry is a labour intensive industry and it employs about 20 30% of a countrys working population 4. The construction industry is also one of the most dangerous industries when it comes to occupational accidents. 5. Most of the accidents that occur at construction sites are serious or fatal. 6. The fact that most of the worker working in the construction sites are casuals and most of the accidents involving them are not reported or documented 7. most workers who are injured in construction sites are not compensated for the injury.

LEGAL FRAMEWORK In Kenya, safety and Health in workplaces is governed by; 1. The Occupational Safety and Health Act, 2007. and ,

2. The Factories ( Building Operation and works of civil Engineering construction) Rules 1984 Note: The Occupational Safety and Health Act, 2007 applies to all workplaces. Meaning of workplace includes, any land, premises, location, vessel or thing, at, in, upon, or near which, a worker is, in the course of employment

The Factories (Building Operation and works of civil Engineering construction) Rules 1984 which is a subsidiary legislation requires that the Contractor:

1. Shall notify the Director of Occupational Health and Safety Services within seven days after commencement of work at the site. 2. Appoint a Safety supervisor. The appointment of the Safety supervisor must be made in writing by completing the prescribed forms 3. Ensure safety in excavation work. 4. Ensure safety of all plants and equipments 5. Shall provide First aid boxes and first aid room 6. Shall provide personal protective clothing and equipment to the workers 7. Shall provide sanitary facilities and washing facilities.

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8. Shall provide shelter in case of bad weather or rain. 9. Shall provide clothing accommodation. 10.Ensure safety of working platforms. 11.Ensure safety during demolition of existing buildings. 12.Ensure employees are protected from electrical hazards 13. Ensure the safety of other persons who may be lawfully in or near the site.

Challenges faced by the Directorate of Occupational Safety and Health Services during the enforcement of the safety standard. 1. Lack of adequate number of staff (enforcement officers) 2. Lack adequate finances to meet the departmental need for operation and maintenance expenses. 3. Lack of adequate number of offices in the field 4. Ignorance of employees working in the construction industries on matters of Occupational Safety and health. 5. Contractors tendency to cut costs by dispensing with or reduction in the use of personal protective equipment

Challenge due high unemployment Un-employment problem leading to employees willingness to work under unsafe working conditions. This makes the contractor unwilling to spend on OSH since there is always available, employees who are ready to risk working in unsafe working environment. Challenge due to lack of a safety culture There is an apparent lack of safety culture in the country Challenge caused by the lack of safety consideration in tendering process Most of the contracts entered to between the contractor and the developer usually miss the Occupational safety and Health component. It is only in well contracts tendered by the well established organizations that that in cooperate this OSH element. Page 31 of 94

OTHER FACTORS AFECTING THE SAFETY OF CONSTRUCTION SITES Uncoordinated efforts by several government organizations that is responsible for safety of buildings under construction i.e.

1.

Directorate of Occupational Safety and Health Services which; Develop standards on Occupational Safety and Health Make Safety and Health regulations and codes of practice Ensures the safety of workers in construction sites through enforcement of the Occupational Safety and Health Act, 2007 and its subsidiary legislation. Assists in the formulation of policy on Occupational Safety and Health

2.

Local Authority Responsible for Approve Architectural plans. Responsible for Supervises construction to ensure the buildings are constructed as per the approved plans Responsible for issuing occupational certificate indicating building is safe for occupation.

3.

Structural engineer Responsible for drawing the structural drawing used for reinforcing and strengthening the building under construction. Poor structural design can lead to collapse of the building during construction or after completion.

How do Architects and Engineers contribute towards lack of safety in the construction industry? Complex Architectural plans that poses a challenge to the contractor during construction. Poor or deficient structural plans. Lack of supervision of the construction.

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Demolitions of already constructed sections of the building and then reconstructing due on site plans changes since this at times weakens some parts of the building under construction. Failing to certify that the materials being used meet the design standards and the Kenya Bureau of Standards standards. Engineers and Architects delegating their duties to unqualified persons and then certifying the documents or the work done.

How do Employees contribution towards unsafe working environment a. Lack of skills b. Use of wrong tools c. ignorance d. Carelessness e. Over confidence f. Alcohol and drug abuse. g. Fatigue

Managing Contractors to ensure Safety 1. Contractors must be made to comply with the Safety Policy and Rules of the host company. This should be one of the conditions for getting the job (contract). 2. Contractors should be required to have their own Safety Policy and Safety Plan 3. Contractors should work and collaborate with a responsible person from the developers company. 4. The host companys safety committee should also meet with the contractors representatives, inspect the site and make appropriate recommendations within the first two weeks of project commencement. 5. Contractors to have a Safety & Health committee 6. Contractors must be made to: Comply with the provisions of The Factories (Building Operations and Works of Engineering Construction) Rules, 1984. A contractor must register his site, appoint a site safety supervisor and fill other relevant forms, which should be copied to the host companys safety committee. Provide PPE and workmens compensation insurance for workers. Page 33 of 94

7. Where a contractor is constructing on a site where there are other occupied premises, the Contractors must obtain a Permit to Work before beginning the work from the developer.

Enforcement of The Factories (Building Operation and Works of Civil Engineering Construction) Rules 1984 1. Issuance of improvement Notice 2. Issuance of Prohibition Notice. 3. Prosecution for non compliance with the legal requirements

Legal Challenges 1. Challenge posed by Deficiency of the law. The Factories (Building Operation and works of Engineering Construction) Rules, 1984 has not been amended for a long time.

2. Lengthy court process that can take years. 3. Inadequate number of officers to carry out prosecution for non - compliance.

POSSIBLE CAUSES OF COLLAPSE OF BUILDINGS UNDER CONSTRUCTION 1. Poor engineers structural design 2. Unstable and poorly constructed formwork that is unable to hold the weight of the concrete floors being casted. 3. Poor steel reinforcement of the concrete floors 4. Use of small gauge of reinforcement steel bars different from the designed standard. 5. Poor concrete mixture where the ratios of cement, sand and ballast is inadequate. 6. Poor quality cement that does not bind the mortar properly. 7. Poor workmanship by the employees. 8. Lack of proper work supervision. 9. Failure to wet the curing slab, beams columns and walls for the recommended number of days. Page 34 of 94

10. Failure to give the concrete time to cure before work continues on the upper floor(s). 11.Overloading of upper floors with construction material. 12.Use of explosives or high vibration machines near building under construction

SAFETY DURING THE DEMOLITION OF BUILDING AND OTHER STRUCTRURES The principal causes of accidents during demolition includes Incorrect choice of demolition methods Unsafe place of work during demolition Unintentional collapse of the building being demolished or adjoining structures due to lack of temporary support Health hazards posed flame-cutting of pipes or steelwork painted with lead materials and other chemical may lead to systemic poisoning. Lack of coordination between the workers carrying out demolition or between subcontractors

PROTECTION OF STRUCTURE IN THEIR STATE OF TEMPORARY INSTABILITY Structures like steel work can be unstable when they are being erected before they have been firmly fixed together The formwork and other supporting structures should be designed by a structural engineer. Casted beams, columns and slabs can be unstable before they cure. Therefore: The formwork and any supporting structure should be constructed from good material of adequate strength

Formwork should not be removed before full curing of the concrete The parts of a building that becomes prematurely weakened during the demolition should be supported or reinforced until the demolition reach a stage when that part of the building is to be demolished

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Important to note: The hazards in a construction site can be controlled if; 1. All workers and contractors are properly trained on Occupational Safety and Health issues. 2. All plants and machinery are properly guarded and maintained, 3. Engineers design safe structures and supervise construction. 4. Relevant government institutions enforce safety standards and regulations. 5. Developers avoid encouraging the contractor to cut cost by failing to spend on safety equipment. 6. Carry out Daily and continuous monitoring of safety and health at the construction site. 7. Have adequate signage to warn of any present or foreseen hazard.

2.0 SOME IMPORTANT SAFETY CONSIDERATIONS IN CONSTRUCTION INDUSTRY 2.1 Common Types of Accidents

Major accidents on sites are as a result of; 1. falls of persons, 2. collisions between workers and materials and equipment. 3. Persons being hit by falling objects 4. Collapse of building under construction

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These accidents occur because of poorly planned and untidy sites. Therefore all sites should: Be fenced to keep off unauthorized persons and the general public. Have safe access for workers to various places of work i.e. roadways, walkways, staircases, ladders and scaffoldings. Have edge protections at open sides, gangways floors, staircase and landings. Have adequate lighting if work has to be done after dark. Have good storage of materials, equipment and other items on the site. Have strong and stable formwork structure Be kept clean and tidy by proper collections and disposal of waste at the site.

2.3

Site Investigations Site investigations is necessary and should includes soil assessment and testing

SOME MAJOR HAZARDOUS PROCESSES IN CONSTRUCTION WORK 3.0 Excavations

Most accidents in excavations are caused by: Trapping and burying of workers in an excavation due to collapse of the sides. Striking and injuring of workers by falling materials in the excavation. Falling off workers into the excavations. Flooding of the excavations with water. Vehicles and other equipment driven or erected too close to the excavation. Asphyxia and poisoning.

Prevention of Accidents in Excavations Legal requirement that ensure safety of employees working in excavations site Walls/Sides of any excavation deeper than 1.2 metres should be reinforced with timber or other suitable meansto prevent collapse or dislodgement of earth/soil (Rule 8) such supports depend on the type of excavation and type of soil. Page 37 of 94

Provision of suitable and adequate means of access and egress to be provided at every excavation (Rule 11) Sides of the excavation or trench should be slopping or battered to a safe angle of repose (usually 45o) Excavations to be fenced or provided with a suitable barrier to prevent persons or equipment falling into the excavation(Rule 13) Daily inspection of excavation to be done by competent person before work begins (Rule 9).

Stop-blocks should be provided to prevent vehicles being driven too near the excavation. Provide safe means of access and egress to those working in the excavation (ladders etc in case of flooding) Provide adequate lighting.

Prevention of Hazards posed by underground services A Master plan of the area should be obtained to facilitate knowledge of the existing underground services including, electricity, water, sewers, gas, pipes, etc. The challenge is whether the responsible authorities are able or willing to provide these plans when required and in a reasonable time. 4.0 4.1 Scaffolds Scaffold is a temporary working platform erected around the perimeter of a building or structure to provide a safe workplace while working at a height. Contractor to provide suitable and properly maintained scaffolds (Rule 56) Erection of scaffold to be supervised by the safety supervisor. Page 38 of 94 Work using scaffolding

Scaffold to be constructed from quality material and be structurally sound. (Rule 57).

Example of a scaffold

4.2 Types of accidents involving scaffoldings Falls of persons from a height Falls of materials and objects from a height Collapse of the scaffold or part of it Collapse due to overloading Falls due to lack of safe access and place of work.

4.3 Formwork Formwork is a temporary support structure used to support the wet concrete as it is casted into slab, pillars, and beams.

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Safety of formwork 5.0 The formwork must be made of sound material and be properly constructed to prevent collapse of the building structure during the casting and curing process. An engineer should inspect and certify the formwork before the casting is done. Roof work Risks - 1. Falls from the edge of roofs 2. Falls through openings in roofs 3. Falls through fragile roof materials

Precautions to prevent accidents from roof work; a) Flat roofs These roofs with a pitch of up to 10o should be provided with guard rails at their edges to prevent falls

b) Sloping roofs For roofs with more than 30degree pitch and slippery edges Provision of handhold and foothold in form of crawling ladders or crawling boards is recommended.

c) Fragile Roof The material used for the roof should be identified. Warnings of danger of such material should be provided. Crawling boards and ladders should be provided for person working on the roof.

8. PERSONAL PROTECTIVE EQUIPMENT (PPE) (Rule 141) There are two categories of protective equipment in construction industry. a) Those which should always be used: Head protection - safety helmets (hard hats),

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Foot protection safety shoes or boots, Skin protection suitable working clothing.

b) Those PPE which depend on the particular job or task to be performed: For lungs Respirator (masks), Hand protection protective gloves, Eyes eye shields, goggles etc., Against falls safety harnesses etc., Against noise ear protectors etc.

Workers wearing some of the Personal Protective Equipment

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9. These should include:

WELFARE FACILITIES

Toilets and sanitary facilities, Washing facilities, Facilities for supply of food and eating meals, Drinking water, Facilities for changing, storing and drying of clothing Shelter against bad weather like rain and for rest during breaks, Transport facilities, First Aid facilities. Recreational facilities and Child-care facilities,

IMPORTANT TO NOTE The hazards in a construction site can be controlled if; 1. All workers and contractors are properly trained on Occupational Safety and Health issues. 2. All plants and machinery are properly guarded and maintained, 3. Engineers design safe structures and supervise construction. 4. Relevant government institutions enforce safety standards and regulations. 5. Developers avoid encouraging the contractor to cut cost by failing to spend on safety equipment. 6. Carry out Daily and continuous monitoring of safety and health at the construction site. 7. Have adequate signage to warn of any present or foreseen hazard. L.D. L.D. L.D. L.D. BCR 1 BCR 2 BCR 3 BCR 4 Abstract of the rules General Register for construction sites Certificate of shared welfare Reports of inspection of lifting equipment Page 42 of 94

L.D BCR 5 engineering const. L.D BCR 6 L.D. BCR 7 L.D. BCR 8 blocks L.D. BCR 9 L.D. BCR 10 L.D. BCR 11 hooks, shackles etc. L.D. BCR 12 used as cranes. L.D. L.D. L.D. L.D. BCR 13 BCR 14 BCR 15 BCR 16

Notification form of any Building Operations civil Accident Notification forms Certificate of test and examination of hoists. Certificate of tests and examination of winches, pulley Certificate of examination of wire rope. Certificate of test and examination of crane. Certificate of test and examination of chains, slings, Certificate of test and examination of excavators when Appointment of safety supervisor. Certificate of Registration of a site. Recommendation for registration of a site Site inspection report

Healthy risk and environmental Liabilities 1. Development of Occupational disease through; Exposure of employees to injurious dust Exposure of employees to injurious Noise with high energy levels Exposure of employees to injurious Chemicals Exposure of employees to dangerous levels of vibrations

1. Exposure of members of public to injurious Chemicals 2. Exposure of members of public to injurious dust 3. Exposure of members of public to injurious Noise with high energy levels 4. Destruction of vegetation through clearing of trees and other vegetation. 5. Pollution of rivers and other water sources by dust and chemicals. 6. Air pollution by exhaust fumes form the heavy machinery and equipment 7. Introduction of sexually transmitted diseases to the local population since some of the workers could be working far from their families 8. Exposure to other diseases that are prevalent in the area that the construction is taking place

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4. SAFETY AND HEALTH IN PROJECT MANAGEMENT By Eng. Reuben K. Kosgei; R. Eng. MIEK MCIBSE C. ENG. MACEK

Consulting Engineer, Associated Services Consultants, Email: rkkosgei@asc.co.ke

To ensure a safe and healthy work environment on construction sites, effective health and safety Management systems should be in place and operating correctly all the time. Employees and project managers often avoid safety systems believing them to be too complex or that they have no expert knowledge It is the responsibility of the main contractor to formulate a safety policy for the site, to be adhered to by all contractors, and to reach agreement on relevant specific standards and performance targets. Ideally Contractors are required, as part of their tender submission, to provide copies of their safety policy statements which outlines safe working methods. Construction Health and Safety Requirements Duties of Employers Ensure health safety and welfare at work for their employees Ensure that their activities do not endanger anybody Prepare and publicise a safety policy and implement it Provide any necessary training Consult employees representatives on joint action Duties Employees take care of health and safety of themselves and anyone else who may be affected by their actions cooperate with employers to meet the statutory requirements make use of safeguards provided. report any defective equipment immediately to supervisor, safety officer or employer. comply with the regulations Other Construction Regulations are applied to areas such as Page 44 of 94

Safety and Health in Project Management

Lead Paint Woodworking Machines Abrasive Wheels Ladders scaffolds

Platforms Pitch roofs Fragile Roofs e.g. Asbestos; Plastics Lifting Operations, Gear and Appliances. Electricity

Overhead Lines Underground Cables Lighting (adequate) Handling materials and tools LPGas Fire Fighting Storage Painting Demolition Excavation

ESTABLISHMENT OF A SAFETY AND HEALTH MANAGEMENT PROGRAMME General No person shall be required to work in surroundings which are unsafe or dangerous to his health and that of others. Employer is responsible for maintaining safety and health requirements. Safety and health signs shall be communicated in a language which the employee can understand. Page 45 of 94

Job hazard analysis shall be carried out. Accident prevention plan shall be carried out. Accident prevention plan should be in place before initiation of work. Frequent inspections should be carried out and corrective safety issues addressed.

HAZARD ANALYSIS Prior to beginning of each major work or activity, hazard analysis should be done for that part of the work. A major phase means that there is new crew, subcontractor or new operations. No work should proceed before this is accepted by authorising persons. The steps to be taken should be as follows:Define the activity to be performed. Identify the sequence of work activities. Analyse each step as a potential hazard. List control measures to be implemented to reduce or control the hazards to an acceptable level. List the equipment to be used in conducting the activities. List the inspection requirements for the equipment of machinery. Determine the requirements for worker training including hazard communication

INDOCTRINATION AND TRAINING Indoctrination and training to enable them to carry out their work safety Safety meetings to be conducted Safety meetings to be documented Training on handling emergency situations Persons qualified to use emergency equipment should be familiar with the location of the equipment.

PHYSICAL QUALIFICATIONS OF EMPLOYERS Physical, medical, emotional, etc suitability of each task should be on ability. Alcohol, narcotics or mind altering substances should be used in no time.

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Operators of equipment should be able to read signs.

ACCIDENT REPORTING All accidents should be reported, analysed and investigated. Employees to report to supervisors and employers to report to authorities. Record daily First Aid treatments. Maintain records of all exposures and accidents

ACCIDENT PREVENTION PLANS Statement of safety and health policy Responsibility of implementation Co-ordination and controlling activities of main contractors, sub-contractors and suppliers Safety training and indoctrination Safety inspections frequently Emergency response Severe weather, flooding etc Clean up and safe access Fencing and Signs(Public safety) Local requirements must be addressed Prevention of alcohol and drug abuse on site Plans for hazard communication

EMERGENCY PLANS Emergency plans to ensure employee safety in case of fine or other emergency shall be prepared in writing and reviewed by all employees. Emergency plans shall be tested to ensure effectiveness. Planning should include escape routes and procedures. Planning should include total response to avoid disasters. On site planning to be integrated with off site support

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Number of persons in any location should be limited to rescue or escape capability Emergency alert system should be developed and tested

CASE STUDY Collapsed Building on Plot no.209/139/3 on Ronald Ngala Street Issues looked at covered by the factories and other places of works act (Safety and Health committee) Rules 2004 Protective Clothing and Appliances; helmets, Gloves, Footwear, Goggles. Fencing and Precautions Against fall or Lifting Tackle, Hoists, Guards, Scaffolds Lighting Ventilation Overcrowding Sanitary Facilities/ Places of rest, meals First Aid Boxes Fire Prevention Records (Employment Act Cap 226) Health and Safety Committee

Observations Openings Staircases Wet Floors Hoists, Cranes or Lifting tackle Protective clothing Emergency response Site Office. Records Insurance Policy or evidence of safety and health precautions.

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5. TOWARDS A COLLAPSE-FREE BUILDING AND CONSTRUCTION INDUSTRY: BUILT AND NATURAL ENVIRONMENTAL AS A MANIFESTATION OF OUR WAY OF LIFE By Arch Steven Oundo, Chairman, Architectural Association of Kenya The Collapse of Buildings in Kenya 13th May 1996: Sunbeam Building Collapses, killing 16 people; 23 January 2006: A building under construction collapses at Nyamakima, killing 10 people; 9th April 2009: A building collapses in Mombasa killing three people; 28 July 2009: Building collapses in Nakuru due to failure to underpin killing one person. 4th July 2009: Building collapses in Kibera killing one person 15 October 2009: Partly occupied residential building collapses in Huruma, Nairobi killing one person while being extended 19th October 2009: Building under construction in Kiambu collapses, killing 16 people May 2011 2 Building collapse in Kiambu and Langata killing three

6 June 2009: A building under construction 2009: Building under construction person;

19th October in Kisii collapses killing one in Kiambu collapses, killing 16 people

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DEVELOPER:

who has the prim duty of care and the responsibility engaging certifie professionals as consultants;

GOVERNMENT:
through a number of regulatory agencies The Government charged with enforcing by- laws and Challenges ensuring that any Poor enforcement of existing building laws and regulations; development meets Weak Technical Capacity in Local Authorities; stated regulatory building standards; Problems in the development approval process;
Corruption Impunity

CONSULTANTS:

Consultants have a new Planning and Building Code will come into force to address disorder that hasclient o advise the characterised the construction industry and given it such a bad image. various aspects of National Construction Authority Bill project and to ens due process is foll Revisions to the Architects & Quantity Surveyors Act, Cap 525 during the entire p cycle. Developers
Preference of Quacks over professionals in the industry; Misconceptions regarding fees charged by professionals; Unhealthy profit motivation; Page 50 of 94

Challenges

Contractors Challenges Weaknesses in Technical Capacity to undertake works; Lack of sufficient regulatory framework The Ujuaji Syndrome in the Construction Industry

Consultants
Challenges Public Procurement: Undercutting Failure to Honestly advise clients on the pitfalls of shortcuts

Enhancing Transparency in Building Construction

Site Sign Boards: Site sign Boards should include: Developers Name and address, Local Authority Approval Number, Details of the Architect, Engineers, Quantity Surveyors and other professionals, NEMA Approval Number, A pictorial impression of the proposed building when complete, Insurance Company issuing policy against injury and workmans compensation. Plaques A plaque should be placed on every completed building as part of the Occupation Certificate requirements; This should indicate the history of the Project, Developer, Consultants, Contractors and Concepts

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Building Inspection Buildings under construction must be inspected at every critical stage. Contractors should only be allowed to proceed with construction after the building has been certified sound after every stage.

Occupancy Certificates needs stronger mechanisms of enforcement. All buildings must be required to have this important document in the interest of public safety. Public participation in demanding for occupancy certificates before tenancy can play an important role Protection of Professional Titles There is need for stricter control and enforcement with regard to the use of professional titles such as spelt out in law Sec. 3. of the Architects and Quantity Surveyors Act Professionals in Public Service All professionals working in central government, local authorities and state Corporations must be registered by their respective Boards and be members of relevant professional associations; The Government should support professionals in public service in maintaining their membership to professional associations and undertake continuous professional development;

Powers of Professional Boards and Associations to Punish Need to strengthen legislation governing professional associations in the Built and Natural Environment to enable them effectively sanction errant members and deal with quacks in the industry as is the case with other professions e.g. the Medical and Dentists Practitioners Board, Law Society of Kenya

Registration of Contractors Need to establish a Contractors Registration Board; The registered contractors should, like other professionals, earn mandatory Continuous Professional Development points to continue practicing as building contractors; There must be a requirement that any registered contractor must have a qualified engineer in employment at all times or a recognised professional as a Director of the Company Page 52 of 94

Development Approval Process The Development Approval process in its current state presents major challenges to any effort to streamline the Building and Construction industry in the country and breeds corruption; There is need for a the Office of the Deputy Prime Minister and Ministry of Local Government to develop standard Development Approval Guidelines detailing: Composition of the Approval Committee Period within which a development approval must be done; Approval fees payable; Conditions to be fulfilled to facilitate approval

Weaknesses in Local Authorities Need to post additional technical staff to local authorities; Need to seriously consider outsourcing some of the technical services (Architectural, Planning etc) to the private sector as is the case with other professional services;

Public Awareness Need to conduct more public awareness campaigns on the need to engage properly qualified practitioners; Professionals who undertake public awareness on the profession, esp. in schools and colleges should earn Continuous Professional Development Points for such activities. CONCLUSION When mores are sufficient, Laws are unnecessary. When mores are insufficient, laws are unenforceable. (Emile Durkheim) Character, in the long run, is the decisive factor in the life of an individual and nations alike. (Theodore Roosevelt) Every kind of peaceful cooperation among men is primarily based on mutual trust and only secondarily on institutions such as Courts of Justice and Police. (Albert Einstein) Siasa mbaya, maisha mbaya (Retired President Daniel arap Moi)

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C. PLENARY DISCUSSIONS

Moses Wakiogoro, Chief Quantity Surveyor in his contribution recommended that in the light of the grim picture presented, there is a need for the establishment of an administrative authority/act to ensure safety of workers. Kennedy Omwoyo recommended that there should be Continuous Professional Development for those in Page 54 of 94

the construction industry. This requires a module on safety and health for these professionals. The participants then recommended that:

There is a need to lobby the Engineers Registration Board (ERB) to develop an examinable curriculum on safety and health. Develop a check body to enforce implementation of agreed occupational Safety and Health Standards FKE to follow up on the inclusion of Occupational Safety and Health (OSH) on the curriculum in the construction industry professionals The training on safety is included in the training of engineers, architects and quantity surveyors to be administered by the relevant professional body There is need for enhanced communication and information sharing Build a better preventative system that envelops all systems/everybody There is need for the establishment for one focal point to coordinate the activities of the various industry players OSH should be described in Bill of Quantities and the contractor should cater for these so that it is captured in the call for bids/tender. There is a challenge presented by the insistence that the lowest bidder wins as it makes many not include OSH in their Quotation. Insist that government requires that safety is included in the bids and also risk management be included in the bids Advocacy on OSH be enhanced the same way it has been done for HIV/AIDS in the country if the issue is to be given the priority it deserves. This should be done by involving the media on OSH campaigns to achieve maximum impact Safety Management Systems to ensure sustainability of the business should be included as a measure of competency Establishment of Occupational Health and Safety Officers in each government ministry to provide technical advice Local authorities should do more supervisory role than is currently the case Contractors should be ISO certified and this be enforced as standards are already in existence A law be enacted requiring contractors to erect sign posts at all construction sites Establishment of a colour coding by DOSH

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D. DAY 2 PRESENTATIONS & PLENARY DISCUSSIONS

1. HEALTH RISKS AND ENVIRONMENTAL LIABILITIES FROM CONSTRUCTION PROJECTS By B. K Kirongo - Senior Civil Engineer, National Environmental Management Authority (NEMA)

Introduction Construction work is dynamic, diverse, and constantly changing. This poses a great challenge in protecting the health and safety of construction workers.

Construction workers are at risk of exposure to various environmental health hazards that can result in injury, illness, disability, or even death.

Types of Health Hazards Health hazards are generally grouped as:

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Chemical Physical Biological Ergonomic Multiple

Some Examples of Cons

Occupations
Brick masons Drywall installers Electricians Chemical Environmental Hazards Painters

Po

Cement dermatitis

Plaster dust, heav

Chemicals can exist in the form of: dusts, fumes, fibers (solids) liquids, mists gases, vapors Chemicals are found in variety of products used at construction sites. Workers may also be exposed to chemicals generated during construction activities.

Heavy metals in so loads, asbestos

Solvent vapors, to

Pipefitters
lead

Lead fumes and p

Examples of chemical hazards found in construction work:

Carpet asbestos layers Roofers

cadmium carbon monoxide

Insulation workers silica

welding fumes spray paints cutting oil mists solvents

Knee trauma, awk Heat

Asbestos, syntheti

Carpenters Drillers, earth, rock

Noise, awkward po

Silica dust, whole-

Excavating and loading Silica dust, histopl machine operators stress, noise Page 57 of 94 Hazardous waste workers Heat stress, toxic

Chemicals can enter the

inhalation breathed
Two types of health effects from chemical exposure ACUTE HEALTH EFFECTS Appears immediately or within short time following exposure, (minutes or hours); death possible from some hazardous substances Headache, collapse or death from high levels of carbon monoxide EXPOSURE Typically sudden, short-term, high concentration

Inhalation is t chemicals ca
EXAMPLE Headache, collapse or death from high levels of carbon monoxide

ingestion

accident eating, d

CHRO NIC

Continued or repeated for a prolonged period, usually years

absorption absorbe or eyes

Lung cancer from exposure to asbestos

Injection, in which a chemical enters th punctured, occurs rarely (e.g., paint fro
Some chemicals can have both acute and chronic effects, e.g., carbon monoxide.

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Asbestos

asbestos pipe insulation

Construction workers may be exposed to Asbestos Asbestos during demolition or remodeling of older buildings built before 1980 which can contain asbestos roofing, or other asbestos containing products. Asbestos removal should only be done by specially trained asbestos workers. Asbestos exposure can cause breathing problems, lung cancer and cancer of the lung lining many years after exposure. NEMA is currently developing National Guidelines on Asbestos Removal Handling and Disposal to aid the construction industry.

Welding Fumes
Welding fumes contain chemicals makeup of welding rods, fluxes and shielding gases. Welding in confined is the most hazardous due to limited air. Air Quality Regulation developed by NEMA is awaiting to be gazetted by minister for environment

Solvents

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They are in paints, glues, epoxies and other products. Exposure is greater when solvents are handled in enclosed or confined spaces.

Solvents can: Irritate your eyes, nose or throat, Make you dizzy, high, sleepy, give you a headache or cause you to pass out, Affect your judgment or coordination, Cause internal damage to your body, Dry out or irritate your skin.

Silica more than just dust

Silica or quartz dust exposure is very common in construction from drilling, cutting or grinding on concrete, sandblasting, rock drilling or in masonry work. Exposure to excessive silica dust causes lung scarring and lung disease over time.

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Concrete cutting

Brick cutting

blowing concrete dust with compressed air

Lead Exposure Bridge repair work, lead paint removal during demolition of old buildings with lead paint or using lead solder

Lead is highly toxic and can cause severe, long term health problems. NEMA is in the process of developing a regulation on toxic and poisonous substances.

1. Confined Spaces
Airborne chemicals can quickly reach dangerous levels in confined spaces that are not ventilated. Carbon monoxide, hydrogen sulfide, welding fumes and solvent vapors are typical confined space chemical hazards. In some confined spaces, oxygen deficiency will cause the person entering to instantly collapse. As many co-workers who attempt rescue die in confined spaces as the original worker who collapsed. Confined spaces include manholes, sewers, vaults, tanks, and boilers in new construction or in repair and maintenance work. Page 61 of 94

 Noise Vibration Temperature extremes Radiation

Noise
Prolonged exposure to excessive noise levels can cause noise-induced hearing loss. Noise levels above 85 decibels can cause hearing loss. When you are exposed to excessive noise levels, the first stage is temporary hearing loss. Over time, the hearing loss becomes permanent. Probable noise levels of some common construction equipment at operators ear

2. Physical Environmental Hazards

Physical hazards are different types of energy which may be hazardous to workers. They include

Equipment or Tool Back hoe Bulldozer Chopsaw Grader/scraper Front end loader Jackhammer

Noise level will probably exceed: 85 decibels 87 decibels 92 decibels 107 decibels 90 decibels 102 decibels

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Nail-gun Welding Equipment

97 decibels 92 decibels

Several factors influence the noise levels to which workers are exposed: Type of equipment being operated Condition/maintenance of the equipment Other equipment running at the same time Enclosed or partially enclosed spaces

High noise levels can be sporadic in construction. Damage to hearing is cumulative and exposure limits are based on 8-hour averages. Workers not using or operating equipment are often exposed to excessive noise as much as the operators. Vibrations Whole-body vibration can occur from operating large mobile equipment, such as drillers, air hammers, pile drivers, tractors, graders, excavators, earth-moving equipment, and other large machinery.

Hand-arm vibration can result from using hand-held power tools, such as pneumatic drills and hammers, and disc grinders.

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Hand-arm vibration may cause carpal tunnel syndrome, a disease that affects the fingers and hands. In the long run, permanent damages to the nerves will result in a loss of the sense of touch and dexterity. Working in a cold and damp environment can aggravate the harmful effects of hand-arm vibration Extreme Temperature

A change in body temperature due to extreme work environmental conditions can lead to stress or illness from heat or cold. If not treated in time, both heat and cold stress/illness can develop into life-threatening situations. Heavy work in high temperatures can cause muscle cramps, dehydration, sudden collapse, and unconsciousness Heat illnesses Heat rash Fainting Heat cramps Heat exhaustion Heat stroke Heat

Hot conditions can occur from: prolonged work under direct sunlight (e.g., asphalt or roofing in hot weather conditions) wearing impermeable protective clothing when doing heavy work

Working in an enclosed area with a strong heat source, poor ventilation, and high humidity (e.g., heavy equipment operators in an enclosed cab without sufficient ventilation)

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Cold Cold conditions: rain or other wet weather conditions windy conditions underground construction work working over water Radiation

X-rays and gamma rays from equipment used to gauge the density and thickness of pipes, to inspect welds, or for detecting weakness of metal structures radioactive isotopes from flow meters

Health effects: increased risk of developing cancer and genetic disease.

ultraviolet light from sunlight & welding infrared radiation from torch welding and cutting radio waves from radio transmission devices ( roof-top dishes & antennas) lasers used for aligning, ranging, and surveying are usually low-powered but can cause eye injuries if directly viewed for extended time

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Welding ultraviolet light

Rooftop radio antenna

Health effects: Skin cancer Eye damage Premature skin aging Burns

3. Biological Environmental Hazards

Diseases or illnesses can occur from biological sources: Microorganisms (e.g., bacteria, viruses, fungi, molds) Plant toxins

Some of these diseases are minor infections; others can be serious or deadly. Exposure may occur during demolition, renovation, sewer work, work on air handling systems, or other construction work from contact with contaminated or disease-carrying: Soil Water insects (mosquitoes, ticks) bird or bat droppings animals

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Pigeon droppings in abandoned building

4. Ergonomic Hazards Ergonomic hazards can cause painful and disabling injuries to joints and muscles. These can occur from: heavy, frequent, or awkward lifting repetitive tasks awkward grips, postures using excessive force, overexertion using wrong tools for the job or using tools improperly using improperly maintained tools

hand-intensive work Ergonomic hazards are the most frequently occurring health hazards in construction and the cause of most injuries. Can lead to musculoskeletal disorders
(MSDs) and injuries: strains and sprains one of the most common injuries among construction workers tendonitis carpal tunnel syndrome low back pain fatigue

5. Multiple health hazards

In some cases, workers can be exposed to several health hazards at the same time or on the same worksite over time. Page 67 of 94

2.

OSH FKE RISK ASSESSMENT IN CONSTRUCTION SECTOR FINDINGS (Adopted from the FKE OSH risk assessment survey on five sectors)

By MORUMBASI MONGONI 3.2 Key to ranking of risks and prioritization of intervention Internationally accepted formats such as ILO formats and other authoritative figures have been adopted.

a) Likelihood of a hazard happening is ranked on a five-point scale: 1) very unlikely, 2) unlikely, 3) possible, 4) likely, 5) very likely b) Severity of a hazard is ranked using a five-point scale: 1) significant, 2) minor, 3) moderate, 4) major, 5) catastrophic. c) Prioritization of action/intervention: 1-4 = low, 5-11 = medium, 12-25 = urgent 3.3 Navigation of the report of findings The following sections of this report will present detailed findings of the risk assessment per sector. The presentation is in tabular form and includes the: i) task, condition or item assessed, ii) persons at risk, iii) hazard, iv) associated risk, v) existing controls observed, vi) likelihood and severity of harm, vii) risk ranking, viii) priority for action and ix) required risk controls to mitigate the situation.

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Adopted from the FKE OSH risk assessment survey on five sectors: By Morumbasi Mongoni Construction Sector Table: Risk assessment of the Construction Sector
Task/ Condition/i tem Road construction Persons at risk Workers, Plant operators, Road users, Neighbouring communities Hazard Associated risk Respiratory diseases, possible carcinoma Hearing loss Being hit Existing risk controls None Likelihoo d Likely Severit y Major Risk ratin g 16 Priorit y Urgent Risk controls required if any Watering PPE Noise survey PPE Provide High visibility jackets Speed control; Signage -Safety cabin -Roll bars -Seat belts -Training

Dust

Noise Poor visibility

None Some provide high visibility jackets Almost none Some safe by design; safety cabin, roll bars, seat belt

Likely Likely

Major Major

16 16

Urgent Urgent

Traffic Earth moving machiner y (dozers, graders, shovels, excavato rs, rollers) Hot bitumen

Serious injuries, Hit by, Crashed by Serious injuries, Hit by, Crashed by

Likely Likely

Major Major

16 16

Urgent Urgent

Serious burns

Some provide PPE

Likely

Major

16

Urgent

Wet/Cold Trenches /excavati ons,

Ill health Serious injuries, Falls of people, collapse on people

None Sometim es barrier tape and/or barricade ; Sometim es dirt or boulders; Some do shoring/s loping when deemed needed. Prior assessm ent

Likely Likely

Major Major

16 16

Urgent Urgent

-PPE -Training -Safe Work Procedure s PPE Barrier tape; Barricade; Correct shoring/sl oping; Signage

Rock falls/Land slides,

Serious injuries, Buried by

Possible

Catastro phic

15

15

Continuou s expert monitoring

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Task/ Conditio n/item

Persons at risk

Hazard

Associated risk

Existing risk controls

Likelihoo d

Severit y

Risk ratin g

Priorit y

Risk controls required if any Law and standard s should be enforced Training; Safe work procedur es; Proper machine maintena nce; Safety cabin/roll -bars where applicabl e; Seat belts Training in OSH, Safe manual handling, Washing facilities,

Building construction: Excavations, masonry, carpentry, painting, plumbing, work at scaffolding, ladders, compressors, lifting machines, concrete mixers, and electricity. Unsafe/s All persons Collapse Death; None; Very likely ubstanda of Serious injury The law rd building and structure standard s s are not followed Machines All persons on Unsafe Serious, fatal None Likely Tractors site machine, injury. Lorries Poorly Concrete maintain Hit by, crushed mixers ed by, trapped by, Ready machine, mix Incompet trucks ent Delivery driver, tracks Pick ups

height, lifting loads, welding, Catastro phic 25 Urgent

Major

16

Urgent

Construc tion materials Stones, Blocks, Steel rods,

All persons on site and some at home

Dusts Fumes Heavy loads Repetitiv e work

Serious/fatal injury, Hit by, struck by, Crushed by Cut by, Pierced by

Some PPE

Likely

Likely

Major

Urgen t

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Steel plates, Wood, Glass, Paints & Spirits, Cements Plant Cranes Compres sors Hoists Chain blocks Excavato rs

Sharp objects

Ill health

All persons on site

Unsafe plant, Poorly maintain ed plant, Uninspec ted plant, Untraine d operator, Untidy workplac e Unsafe tools/equ ipment,

Serious/ Fatal injuries, Hit by, struck by, Crushed by Cut by, Pierced by, Tripped by, Harmed by

Some done statutory inspectio n, Some operators trained, Some well maintain ed, Some PPE, Some PPE

Likely

Likely

Major

Urgen t

Tools and impleme nts Cutting machines Hammer s Chisels Shovels Wheel barrows

All persons on site

Serious/fatal injury Hit by, struck by, Crushed by Cut by, Pierced by

Likely

Likely

Major

Urgen t

PPE, Mechanic al aids, Safe work procedur es Statutory inspectio n; Training; Proper maintena nce; PPE; Proper use (eg no dusting using compress ed air) Inspect tools daily before use; PPE; Toolbox talk

Serious/ fatal injury; Electric shock/electrocu tion; Tripping

Some PPE

Likely

Likely

Major

Urgen t

Inspect tools daily before use; PPE; Toolbox talk Risk controls required if any

Task/ Conditio n/item Portable tools Welding machines , Drills; Pneumati c drills

Persons at risk All persons on site

Hazard

Associated risk

Existing risk controls

Likelihood

Seve rity

Risk rating

Priori ty

Site layout Access Egress Passage ways

All persons on site

Unsafe equipme nt; Trailing cables on the floor; Poor electric cables, connecti ons and no plugs Obstructi on, Narrow passage way, Unlit passage way, Clattered site

Serious/fatal injury

None

Likely

Likely

Major

Urgen t

Inspect tools daily before use; PPE; Toolbox talk

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Floors

All persons on site

Tempora ry workstati ons

All persons on site

Wet floors Wet cement Water puddles Platform s Scaffolds Ladders Work at height

Injury Slips Falls Ill health Serious/fatal injury Falls Slips Tripping Falls

None

Likely

Likely

Major

Urgen t

Some PPE Some well construct ed

Likely

Likely

Major

Urgen t

Work at height

The workers concerned

Person at height Tools at height

Serious injury/fatality

Some safety harnesse s

Likely

Likely

Major

Urgen t

Good housekee ping; PPE; Toolbox talk Training; Safe work procedur es and instructio ns; Standard s and the law; PPE; Toolbox talk Training; Safe work procedur es and instructio ns; Standard s and the law; PPE; Toolbox talk

3.

SAFETY ISSUES FROM CONSTRUCTION PROJECT FROM DESIGN TO USAGE BY ENG. C. OGADO/P. KIBITI, for ENG. C.O. OBUON, Manager (Design) Kenya National Highways Authority (KeNHA) 1.0 INTRODUCTION

Road Safety refers how safe individual road users. On the other hand Occupational Health and safety is abroad term covering all aspects of safety and health in for those who are involved in the implementation of a project. Whom do we blame? Is it designer, user or law enforcers. 2.0 ROAD SAFETY STAGES FOR HIGHWAYS

2.1 Road safety for highways can be looked at in various stages as outlined below:-

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 2.2

Design Construction Operational Design Stage Highways are designed for a specific speed based on the classification of the road and terrain. Critical areas of safety are the horizontal curves and sight distances. The minimum curve radius is fixed to a certain design speed. Road structures e.g. bridges are also designed considering all the loads including the abnormal loads. It might not be possible to comply with these minimum curve radii along the entire road due to restrictions and cost constraints. The following safety measures are introduced: o Speed control measures through speed limit signs

o Speed control bumps and rumble strips e.g. newly improved design along Nairobi -Nakuru highway incorporating zebra crossing. They are hated and liked in equal measure Traffic signals at junctions Super-elevation Introduction of grade separations to reduce conflicts at level junctions Road Furniture including edge marker posts, road markings, retroflective delineators (road studs) and traffic signs (informatory signs, warning signs, Mandatory and Regulatory signs) Lighting Guardrails on raised embankments based on the guardrail need index (GNI) Designs for provision of Non-Motorised Traffic (NMT) facilities including cycle tracks, pedestrian footpaths to separate and reduce conflicts with the main vehicular traffic. Guardrails on raised embankments based on the guardrail need index (GNI) Designs for provision of Non-Motorised Traffic (NMT) facilities including cycle tracks, pedestrian footpaths to separate and reduce conflicts with the main vehicular traffic. Designing for footbridges where the number of pedestrians crossing significantly exceeds that of vehicular traffic. Page 73 of 94

Provision of non-skid surfacing for safe breaking of vehicles. Designing bus bays and truck lay-bys. Channelisation at junctions Environmental and Social Impact Assessment Report with in-built safety measures in the ESIA. Because of human element involved some accidents will happen even on roads designed to high safety standards. Therefore a basic consideration in road design is to minimise injuries and damage when accidents do occur.

2.3 2.3.1 Safety for the Users

CONSTRUCTION STAGE

Safety issues are clearly spelt out in the Works Contract as part of the Contractors responsibility. Contractors are expected to engage a Safety Officer to ensure that all matters of environment safety and health are implemented in accordance with the Contractors methodology. Provision of deviations and temporary traffic sign to ensure safe passage of traffic. Traffic Management Plan for complex projects

2.3.1 Safety for the Workers Operators to be supplied with protective personal equipment (PPE), e.g. dust masks in dusty environment, helmets, ear mufflers in noisy environment, gloves, gumboots/factory boots. Equipment used by Contractors to be in good working conditions to prevent occupational hazards. Post Construction Stage Most accidents do occur immediately a new road is opened to traffic. This is always due to the increased speeds catching most of the users unaware since they were used to slow moving vehicles. Other more accidents do occur as potholes start developing Drivers habits of ignoring road signs are to blame Page 74 of 94

2.3

3.0

CONCLUSIONS AND RECOMMENDATIONS

Road safety awareness campaigns should be thoroughly undertaken during construction and immediately upon opening the road to traffic. Law enforcers are not always involved during opening of a new road. Close collaboration required Training of workers on health and safety at the project site Enforcers should ensure that health and safety issues are adhered to at all times during construction

4. PRESENTATION ON THE PROMOTION OF A PREVENTATIVE SAFETY AND HEALTH CULTURE AND CONSTRUCTION FROM ILO EXPERT AND PRESENTATION FROM GLOBAL CONSTRUCTION AND BUILDING SECTOR UNION ON THEIR PRIORITIES Founded in April 1919 after the end of 1st World War at the Peace Conference convened in Paris as a tripartite organisation; To Create Universal Social Justice Initial motivation Humanitarian: conditions of work health family Political: -to pre-empt social unrest-revolution

Economic: -Create a fair playing ground Constitution states -"the failure of any nation to adopt humane conditions of labour is an obstacle in the way of other nations which desire to improve the conditions in their own countries." Social Justice Created in the spirit of Tripartism 1st UN Specialised Agency 1919 October, adopted six Conventions HQ moved from Washington to Geneva in 1920 The ILO is the UN specialized agency which seeks the promotion of social justice and internationally recognized human and labour rights Within the UN system, the ILO has a unique tripartite structure with workers and employers participating as equal partners with governments in the work of its governing organs. Page 75 of 94

In 1969, The ILO was Awarded The Nobel Prize For Peace!

The ILOs DECENT WORK FOR ALL Current Agenda The ILO formulates and promotes international labour standards in the form of Conventions and Recommendations setting minimum standards of basic labour rights. It also develops and promotes the implementation of codes of practice, guidelines, manuals and training materials and provides relevant technical assistance. ILO Products Conventions (Mandatory) (188) Recommendations (199) Codes of Practice & Guidelines Manuals Training Materials INTERNATIONAL LABOUR STANDARDS In essence, International Labour Standards are expressions of international tripartite agreements on a matter. Conventions International treaties, subject to ratification by ILO member States Create binding obligations under International Law Might require Member States to amend their national legislation

Recommendations Set out guidelines which can orient national policy and action. Often complement Conventions. THE FUNDAMENTAL ILO CONVENTIONS Principles concerning the Fundamental Rights at Work Freedom of association and effective recognition of the right to collective bargaining The elimination of all forms of forced or compulsory labour The effective abolition of child labour

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The elimination of discrimination in respect of employment and occupation

Freedom of association, collective bargaining and industrial relations Freedom of Association and Protection of the Right to Organise Convention, 1948 (No.87) Right to Organise and Collective Bargaining Convention, 1949 (No.98)

Forced labour Forced Labour Convention, 1930 (No.29) Abolition of Forced Labour Convention, 1957 (No.105) Elimination of child labour and the protection of children and young persons Minimum Age Convention, 1973 (No.138) Worst Forms of Child Labour Convention, 1999 (No.182) Equality of opportunity and treatment Equal Remuneration Convention, 1951 (No.100) Discrimination (Employment and Occupation) Convention, 1958 (No.111) PRIORITY ILO CONVENTIONS: Governance Conventions Labour Inspection Convention 1947 No. 81 Employment Policy Convention 1964 No. 122 Labour Inspection (Agriculture) Convention 1969 No.129 Tripartite Consultation (ILS) Convention 1976 No. 144

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5.

PREVENTATIVE SAFETY AND HEALTH CULTURE: Programme on Safety and Health at Work and the Environment

By GENESIS The protection of workers against sickness, disease and injury arising out of employment is among the objectives of the International Labour Organization as set out in its Constitution 1919 ILO OSH action through standards and other instruments Relevant standards o About 70 Conventions deal with OSH o 2 Protocols o 26 Recommendations Relevant other instruments o 37 Codes of Practice

Distribution of Fatal Events by Cause - USA

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The Rolling 70s 1972 The Robens Report also introduced a more fundamental concept, namely the need to apply a policy-based approach to OSH An ILO resolution adopted in 1975 called for the development of OSH policies at the national and enterprise levels that would define the terms of involvement of the employer and the participation of workers

New Trend: Progressive Develo Parad Systems approach

New Instruments Preventative 1981 C155 : Policy-based approach focusing on prevention ..capable of addressing issues arising from a constantly changing world of work Innovative

Prescription of adopt a comprehensive approach based on a cyclical process:protective measures development, deal with to Specific implementation and hazards

Prevention Accidents On a m System

From protect National OSH system is continuously improved and capable of addressing issues preven arising from a constantly changing world of work: Goal Prevention
review of a policy, rather than a linear one laying down precise legal obligations Future Standards

1975 ILC adopted resolution calling for Nation level OSH Policies of 94 a 1st step to OSH manage Page 79 as approach and reflected in Convention 155 of 1 a policy rather than a prescriptive instrument.

Instruments adopted since 1981 place due weight on the priority to preventative measures, while protective measures are considered as a last resort, to be used when exposure to risks cannot be prevented, minimized or eliminated; Full participation of social partners and other key stakeholders at national and enterprise levels. C155/R164 C155 and R164 are policy oriented focusing on prevention rather than reacting to the consequences of occupational accidents and diseases. Consequently, these two instruments constitute a blueprint for the application of a systems approach to OSH that embodies the principle of preventive action. Systems Approach At end of WWI A Systems approach to OSH management and development of national OSH programmes; A doctrine of Management Practice Anticipate, recognise and evaluate hazards Prevent and control any resulting risks people, property, equipment etc A collection of analytical approaches To Pro-active the doctrine Supports decision making for acceptable risk or whats to be done, by whom, when, what resources are needed... Progressive Development Systems approach Substances and processes, as well as techniques for dealing with them, are constantly changing, Various countries are at different levels of development and scientific knowledge. Need for flexible international Standards that adapt to change and provide for periodic review The scope and coverage of OSH has evolved from: Focus on industrial safety to one on workplace safety and health, Protection to prevention and assessment of risks. Systems Approach provides for collective responsibilities with respective roles, rights and cooperation between workers and employers Promoting a Safety Culture Safety culture - often used to describe the way in which safety is managed in the workplace: the attitudes, beliefs, perceptions and values that employees share in relation to safety" Chernobyl Accident Investigation Report (1991)-1st to apply the term SC The ILO International Programme for the Improvement of Working Conditions and Environment (PIACT) launched 1976- a participatory approach, --laying ground for-preventative safety and health culture as a key to effective preventive action at the workplace.

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Types of Culture
Low
SAFETY CULTURE

Interd

Key Fe

>Drive

>A Te >Peop just th

At organisation level:Independent Cultu Implementation of a management systems approach embodyingKey Features: set the principles out in the ILO Guidelines on occupational safety and health management systems, ILO-OSH 2001. >Greater worker invo

ILO Guidelines on Occupational Safety and Health Management Systems (ILO-OSH 2001)

cooperation

>People behave safe

themselves with supervision

Dependent Culture Key Features: >Management Driven and Owned >Rules Oriented >Little Workers involvement

Systematic tool to help protect workers from hazards Eliminates work-related injuries, ill health, diseases, accidents and deaths Five key steps: Policy Employees with +ve Safety Culture Organizing Planning and implementation Evaluation Action for improvement 2003 the International Labour Conference (ILC) held a general discussion on an integrated approach to OSH management resulting in the adoption of the Global Strategy, This approach is the dominant feature of current global efforts to curb the incidence of accidents and diseases at work.

High

a y u q r F t n e d i c A

Low

Global Strategy on OSH (2003 ILC Conclusions) Promotion, Awareness, Advocacy Page 81 of 94

ILO Instrument (Standards, Codes) Technical Assistance and Cooperation Knowledge development/management International Collaboration Global Strategy and Action Plan Building and maintenance of a preventative safety and health culture Right to safe and healthy work environment Principle of prevention A systems approach OSH is mainstreamed into all aspects of national Agenda Global Strategy on OSH The Global Strategy on OSH forms the basis for the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), and Recommendation (No. 197) adopted in 2006 Key: the need for an increased general awareness (April 28) of the importance of OSH and to place OSH high on political commitment and the national Agenda Promote the effective implementation of National OSH System Reduce fragmentation and promote coherency for effective impact Engagement of all social partners in initiating and sustaining mechanisms for a continued improvement of national OSH systems.

C187 Promotional Framework for Occupational Safety and Health Convention, 2006 Conclusions concerning ILO standards-related activities in the area of OSH - a global strategy, adopted by the ILC at its 91st Session (2003), in particular relating to ensuring that priority be given to occupational safety and health in national agendas Why the Convention? Global magnitude of occupational injuries, diseases and deaths, and the need for action to reduce them In some countries they have reached plateau C187 OBJECTIVE To promote continuous improvement of OSH, to prevent occupational injuries, diseases and deaths, by the development, in consultation with the most representative organizations of employers and workers, of a: national policy, national system (infrastructure) and national programme based on an up-to-date OSH Profile. NATIONAL POLICY Each Member shall promote a safe and healthy working environment by formulating a national policy Promote basic principles such as: assessing occupational risks or hazards; combating occupational risks or hazards at source; and developing a national preventative safety and health culture that includes information, consultation and training. Page 82 of 94

To be formulated in light of national conditions and practice and in consultation with the most representative organizations of employers and workers,

NATIONAL SYSTEM Strategy-national system should provide appropriate measures for the protection of all workers, in particular, workers in high-risk sectors, and vulnerable workers such as those in the informal economy and migrant and young workers; Gender-productive health NATIONAL PROGRAMME Each Member shall formulate, implement, monitor, evaluate and periodically review a national programme on OSH to: Promote the development of a national preventative safety and health culture; Contribute to the protection of workers by eliminating or progressively minimizing work-related hazards and risks, in accordance with national law and practice, The national OSH programme For the protection of workers by eliminating or minimizing work-related hazards and risks, in accordance with national law and practice, in order to reduce workrelated deaths, injuries and diseases; Formulated and reviewed on the basis of analysis of the national situation regarding OSH National OSH Profiles Aim at promoting the development of a national preventative safety and health culture; Include targets and indicators of progress; Be widely publicized and, to the extent possible, endorsed and launched by the highest national authorities. Aim at raising workplace and public awareness on OSH e.g. National campaigns linked with, where appropriate, international initiatives; Promote mechanisms for delivery of OSH education and training, for management, supervisors, workers and government officials responsible for OSH; Introduce OSH concepts in educational and vocational training programmes; Facilitate the exchange of OSH statistics and data between relevant authorities, employers, workers; Provide information and advice to employers and workers and promote or facilitate cooperation among them with a view to minimizing work-related hazards and risks; Medium-term Strategic Programme Place OSH High at National Agendas Endorsed by highest national authority With Focus and Targets Strengthen National OSH System Continual Improvements of OSH Performance

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 As appropriate, link it with other national programmes and plans, such as those relating to public health and economic development. In formulating and reviewing the national programme on OSH, take into account the relevant OSH-related international standards. NATIONAL PROFILE Existing situation on OSH and the progress made towards achieving a safe and healthy working environment. The profile should be used as a basis for formulating and reviewing the national programme. National OSH profiles OSH profiles an essential step in the process of building a good National OSH Programme National OSH profile is an inventory of all the tools and resources available in a country to implement and manage OSH Provides data for setting national priorities for action aimed at progressive and continual improvement of national OSH system and workplace OSH

OSH Prog OSH Indicators Deve

Social economic structure - demography - industries - technologies

safety and hea A key element in making a manage OSH Po Working Conditions Infrast systems approach operational at th exposure level
Emerging Issues Psychosocial issues at the workplace:-

National pro OSH Programmes

National D

Health Outcomes

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Violence at work Dealing with HIV/Aids at the workplace Stress at Work Drug abuse Cyber addition . New technologies and materials

Interrelated psychosocial factors HOW to b constructio

Violence

Na

Safetys Role in B Alcohol and drugs Functions

Official launch FINANCE / ACCOUNTING

Implementation & evaluati

Stress

Passport Schemes Passport shows that a worker has up-to-date basic awareness training or other subject Government Used as a way of controlling access to work sites only workers with valid Passports endorsement are allowed to work. Tobacco A Passport belongs to the worker not the employer. HIV/AIDS

STRATEGY

UK Applies an Integrated approach for a national construction safety and health programme that is based on effective partnerships with all players in the industry and a combination of different types of interventions programme has a major impact in the industry through SAFETY targeted inspections, raising of awareness, improving standards in the industry, national and regional publicity campaigns, meetings with the key players in the industry,and HEALTH conferences etc. European Union A construction safety and health campaign was recently launched throughout the European Union, promoting good practice through case studies and other means and compliance with legislation. MARKETING / RISK (http://europe.osha.eu.int/good_practice/sector/construction/)

COMMUNICATION
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Sweden Pictorial Promotion of OSH

Provision of OSH Material in a simple way; Created a cartoon named Tyrgge. The silent book highly appreciated and browsed by staff and other companies Create a culture which fosters cooperation, coordination, communication and competence, Ensure the overall project objectives are realistic, and thus do not compromise safety and health results projects will be on time, on budget and safe No short cuts! Leadership and focus on key safety and health issues must come from the clients, even where they are less familiar with the details of OSH good practices than their specialist contractors Need to move from cheapest price to value for money as an award criterion; Need for implementation of safety and health management systems at both the corporate and site level based on a recognised standard for continuous improvement from good to best practice and sharing such best practice within the industry. Best Practice Best Practice starts before work begins on site: When a construction project is procured, and during its design, safety and health need to be taken into account. It is important for clients, designers, contractors and other key players to cooperate and work together to achieve Best practice. Working as an integrated team, risks can be eliminated, or reduced, by changes in design specification. This process can identify remaining risks, enabling the contractor to take appropriate action.

6. GROUP DISCUSSIONS GROUP A Question 1 Observations 1. Safety is a cost and its gains cannot be measured easily 2. Safety culture should be improved by promoting public awareness. This should be done from tender ages by putting the same into school curriculum. Training of professionals to be aware of need for safety

3. High unemployment is a serious problem in the country Page 86 of 94

Question 2 Observations 1. The client is where the breakdowns occur by shifting the burden of safety to the contractors 2. The main contractor experience a breakdown in safety by not taking care of safety of the specialist contractor employees 3. Clarity in provision of tender document on health and safety should be ensured through clarity in the preliminaries documentations Solution Client should have a Health and Safety policy Question 3 Observations 1. Harmonizing and modernization of the existing regulations to make them innovative and affordable Involvement of all stakeholders in the industry with the review of the building code to make it National

2. Education of the public across the country to create awareness of the existence of regulations in the industry 3. Ratify existing international conventions C155, C167 4. Tax incentives on safety equipments to encourage their acquisition and use

GROUP B 1. How can we work together to improve safety in constructions i). Why is safety so difficult to achieve Lack of safety culture cuts across client etc Lack of awareness on hazards in the workplace Cost element No adherence to building regulations e.g. curing of concrete High unemployment level

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Weakness in enforcement

ii). What can the industry do to improve outcomes? Come up with a national safety policy and publicize the policy issues through the media Enforce regulations accordingly

2. Where do breakdowns typically occur in the chain from client to major contractors to specialist contractors? Lack of provision of comprehensive safety measures in the tender document 3. How can safety standards be made more consistent, and economical, across the industry? Done through training of stakeholders on safety standards Heavy penalties for non compliance Making it a bill in the tender document Encourage contractors to invest in good quality PPES and scaffolding Setting up special counts to deal with safety matters GROUP C Question 1.Why is safety so difficult to achieve? OSH aspects must be included in project design contract documents All stakeholders (consultants, clients, regulators) must be involved and aware of OSH aspects in the project Contractor to have qualified and competent staff to address OSH aspects Regulator must ensure enforcement and prosecution of penalties DOSH to work with lead agencies to create awareness of OSH aspects and work with them on implementation of OSH Community awareness and campaigns and inclusion of OSH in the educational curriculum DOSH to embark on a rigorous publicity campaign 80% of construction in Kenya is Jua-Kali and unregulated. DOSH must target this group Penalties under OSHA should be high and punitive to act as a deterrent currently lax DOHS is under-staffed (lack capacity) need to co-ordinate with specialists or lead agencies to enforce to enforce and carry out inspections OHS services pricing? Breakdown There is a lack clarity on procedures

Question 2 Where do breakdowns typically occur in the chain from client to major contractors to specialist contractors? Liaison of regulatory bodies with client ministries to include in contract conditions Page 88 of 94

Make safety audit and contractor/registration of work place before commencement of works Monthly safety report at progress meetings, build in conditions of contract Coordination between stakeholders in the project (architects, Engineers, Clients, Contractor)

Question 3 How can safety standards be made more consistent, and economical, across the industry? Standardize management of PPE issued (premature replacement) Policy framework Train construction professionals on more available and market control costs Subcontractor management (agreement on safety and PPE built in ) compliance with NEMA and DOSHS

E. WAY FORWARD The professionals in the industry responsible for overseeing construction projects should be in trained in safety and health issues Registration of contractors be done in the appropriate offices so they may be evaluated on occupational health and safety issues DOSH should use the existing laws and regulations to enforce health and safety matters The National Policy on Safety and Health should be fast-tracked by the cabinet There should be efforts to fast track DOSH becoming a National Authority and not a directorate. There is a need to cost Health Risks and Environmental liabilities arising from construction projects as already being done by NEMA DOSH should collaborate with institutions already carrying out similar activities Kenya should ratify ILO conventions 155 and 187 to create the required framework for implementing OSH Establishment of a National Plan and Profiling Establishment of Passport Schemes to meet the safety needs of the Industry Development of an Integrated Checklist for Compliance with DOSH F. CLOSING REMARKS

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G. ANNEXES i. PROGRAMME FOR THE FORUM

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ii.

LIST OF PARTICIPANTS

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Name Anthony Githinji

Organisat ion Name Central Organizati on of Trade Unions Kenya National Environme ntal Manageme nt Authority Directorat e of Safety and Health Services National Council for Occupatio nal Safety and Health Gibb Africa Kenya Urban Roads Authority Kenya Urban Roads Authority Gibb Africa Institute of Engineers of Kenya Kenya Urban Roads Authority Howard Humphrey s (East Africa) Laxmanbh ai Constructi on N. K.

Designation Direct Mobile Number Economist 0704 113 662

E-mail Address wamahiu2@gmail.co m

Benjamin Kirongo

Quantity Surveyor

0722 624 856

bkkirongo@gmail.co m

Davis Ochillo

Physicist

0733 574 668

otienochillo@yahoo. com

Dr. Abdullahi Aden

Chairman

0722 370 414

1313dr@gmail.com

Elizabeth Ndinya Eng. Justus Onyinkwa

Director Environment al Safety Manager, Roads Design and Construction Senior Engineer, Planning and Environment Department Managing Director Vice Chairman Survey Assistant Health and Safety Officer

0722 354 146 0722 864 092

endinya@gibbintern ational.com jonyinkwa@yahoo.c om

Eng. Jacinta Wairimu Mwangi Eng. Paul Karekeze Eng. Rueben Kosgei Esther Bitok

0722 761 199

jacintawm@kura.go. ke; jacintawm@yahoo.c om pkarekezi@gibbinter national.com rkkosgei@asc.co.ke

0733 510 232 0722 725 659 0720 597 972 0722 574 237

ebitok@kura.go.ke

Fred Maseno

Fmaseno@howardh umphreys.co.ke

Gilbert Masinde Andalo Harrison

Human 0722 809 Page 93 of 94 Resources 575 Manager Human mulonzi@yahoo.com

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