Management of external construction workers?
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External construction workers represent a key focus and challenge in enterprise safety management. Foreign construction teams are present with relatively high frequency in accidents. How should a company be managed? How does the law impose restrictions? Let’s discuss!Party A:
Party B: Contractor (outsourcing entity)
Article 1: Guiding Principles for Contract Establishment
In order to strengthen the safety management of external construction workers, ensure safe production within the enterprise, reduce minor accidents, prevent major accidents, and safeguard the safety and health of these workers, this contract is established in accordance with the relevant provisions of Article 41 of the Work Safety Law of the People’s Republic of China, after Party A has verified Party B’s qualifications as well as its ability to compensate for any accidents. Article 2: Outsourcing details: 1. Project name: 2. Project cost: yuan. 3. The outsourcing will be carried out via the following method. 4. The project timeline runs from the start date of year month day to the completion date of year month day. Article 3: Safety Management 1. Upon signing the contract, Party B shall submit to Party A its business license and relevant certificates (copies to be attached at the back of the contract), as well as a roster of all employees detailing their names, genders, ages, job types (for special jobs, a “Special Job Operation Certificate” must be submitted), addresses, etc. In the event of any changes in the number of employees or job types during the construction period, a revised roster of staff changes shall be submitted promptly. 2. Before Party B commences construction, Party A shall, based on the actual conditions of its own unit (such as processes, equipment, hazardous materials, etc.), provide safety training to Party B’s construction workers and outline safety precautions, which shall be signed and confirmed by both parties. Party B shall not proceed with construction at the site without receiving safety training from Party A. 3. Party B shall designate a specific person to be responsible for safety production management, maintain contact with Party A, and carry out regular safety management activities. Party A regards Party B as a unit of itself and manages it in accordance with the relevant company regulations. Party A shall impose penalties on Party B for its violations in accordance with Party A’s relevant penalty regulations. In the event of financial penalties, the amount of the fine shall be deducted directly by Party A from Party B’s project payment. 4. Party B must carry out construction in strict accordance with the requirements of the \"Safety Technical Regulations for Building Installation Projects\" as well as relevant safety regulations such as Changzhou Qiangli Electronic New Materials Co., Ltd.’s \"Factory Operation Safety Regulations\". 5. Operators engaged in special types of work (such as wind turbine welders, electricians, crane operators, scaffolders, etc.) must hold a special job operation certificate issued by the municipal authorities after passing relevant assessments; those without such certificates are not allowed to work on site. 6. Party B shall strengthen on-site management and regularly inspect safety devices and protective measures. Use personal protective equipment as required (a safety helmet must be worn when entering the construction site, and safety devices such as safety belts (nets) are necessary for work at heights or in situations involving concurrent tasks), and take appropriate safety measures. 7. All mechanical and electrical equipment as well as construction machinery used by Party B must be in good condition; they shall not be operated when faulty, nor under excessive load. Reliable protective devices and measures must be in place for the moving parts of such machinery and other hazardous areas. 8. When Party B carries out dangerous operations such as the use of open flames, working at heights, or entering equipment in the production area, it must implement safety protection measures in accordance with the relevant regulations set by Party A; work can only proceed after Party A has completed the necessary approval procedures. Article 4 Special Provisions 1. Party A has the right to put forward suggestions for rectification regarding the safety hazards identified at Party B’s construction site, and Party B must carry out the necessary rectifications as required by Party A. Otherwise, Party A may take action in accordance with the relevant provisions of the enterprise’s management system, and has the right to unilaterally terminate the relevant contract for work. Any losses resulting therefrom shall be borne by Party B and are unrelated to Party A. 2. Party B must strictly implement all of Party A’s safety, fire prevention, and security protocols. If Party B proceeds with construction in violation of the aforementioned regulations, Party A has the right to order Party B to cease operations immediately or terminate the relevant contract for work. Any losses resulting therefrom shall be borne by Party B and are unrelated to Party A. Article 5: Party B shall bear full responsibility for any accidents that occur during the construction process and cover the related costs. Party B shall be responsible for compensating Party A for any losses incurred as a result of various accidents caused by Party B. Article 6: In the event of any accident occurring during the construction process, Party B shall promptly notify Party A. It is prohibited to conceal such accidents, delay reporting them, or handle them without authorization by using improper methods. Article 7 This contract shall come into force as of the date of signing. The contract is made in three copies, one for the Party A’s project department, one for Party A’s safety department (for record-keeping), and one for the outsourcing unit. Seal of Party A (the user unit): Signature of the signatory: Seal of Party B (the outsourcing unit): Signature of the signatory: Date: Year Month Day. Attachment: Regarding Party A’s safety training for Party B – Conducted: ☐ Not conducted: ☐ Signature: Party A: Party B: Possible accidents at the construction site and their causes: At the construction site, there is complex interaction between different types of work, such as working with fire, electricity, and lifting operations. Even the slightest carelessness or negligence can lead to fires and injuries. Based on the lessons learned by our company and other similar organizations, eight key areas have been identified; these are outlined below. It is essential that everyone strictly follows all safety regulations to prevent accidents. I. Factors causing injuries from falls from heights: 1. Failure to wear a safety belt ; 2. No safety helmet worn ; 3. The scaffolding is not secure ; 4. Fencing corrosion ; 5. The ladder lacks anti-slip measures ; 6. Automatic escalator ; 7. Walking on pipelines ; 8. Lack of concentration ; 9. Avoid climbing heights in cases of contraindicated diseases ; 10. Climbing heights after drinking alcohol ; 11. Climbing without a permit ; 12. Others. II. Factors causing electrocution injuries and deaths: 1. Non-electrical work ; 2. Damaged wire insulation ; 3. No short-circuit or leakage protection ; 4. Moisture-induced leakage or damaged wires ; 5. Incorrect wiring of power tools ; 6. Use non-low-voltage work lights ; 7. Insulating tools do not meet requirements ; 8. Others. III. Causes of fires and explosions: 1. Incomplete cleaning of equipment and pipelines ; 2. Residues remain inside the equipment ; 3. The material supply has not been cut off ; 4. Welding in earthquake-prone areas ; 5. No guardian ; 6. Use material buckets as scaffolding ; 7. Fire extinguishing equipment not ready ; 8. Construction tools are not in good condition ; 9. Working with fire without a permit ; 10. Others. IV. Factors causing lifting injuries: 1. Lifting equipment not inspected ; 2. People standing above and below the lifted object ; 3. The material supply has not been cut off ; 4. Incorrect rod support point ; 5. The support frame is not secured with ropes ; 6. Overload ; 7. Giving illegal instructions ; 8. Lack of concentration ; 9. Others. V. Factors causing injury from object impact: 1. Failure to wear a safety helmet ; 2. Aerial throwing ; 3. The object is not properly secured ; 4. Inadequate measures for cross-task operations ; 5. Lack of unified command ; 6. Improper storage of aerial work tools ; 7. Others. VI. Causes of burns: 1. Failure to relieve pressure in the steam pipe ; 2. Acid and alkali pipelines and equipment have not been cleaned ; 3. Material leakage ; 4. Improper operation under high temperature and pressure ; 5. Failure to wear protective equipment ; 6. No insulation measures for steam pipes ; 7. Others. VII. Factors causing casualties due to poisoning: 1. Containers not cleaned ; 2. Lack of oxygen in the container ; 3. Residues remaining in the equipment pipes ; 4. The material supply has not been disconnected ; 5. Excessive time taken to enter the container ; 6. Failure to wear gas protection equipment ; 7. No guardian ; 8. Operating without a license ; 9. Others. VIII. Other factors – Causes of injury: 1. Injuries caused by glass, nails, and sharp objects ; 2. Slippery surfaces and fall-related injuries ; 3. Heatstroke in persistent high temperatures ; 4. Unreasonable construction method ; 5. Working under the influence of alcohol ; 6. Lack of concentration ; 7. Illegal operations and illegal instructions ; 8. Disorganized labor organization ; 9. Others. This post was last edited by glf_js on 2009-4-2 09:32.]
To all construction contractors: In order to ensure the safety of your company’s employees, maintain the quality of construction work, and protect the safety of our company’s employees and property, in accordance with the requirements of our ISO14001 environmental management system and OSHMS occupational health and safety management system, the following construction requirements are established. Please comply with these requirements. 1. When the construction contract is signed, this safety and environmental protection agreement shall be signed simultaneously. 2. After the agreement is signed, the construction contractor is responsible for conveying the following information to each worker. a. The company’s environmental and safety management regulations and requirements ; b. The significant environmental factors and major hazard sources of the company at the time of construction ; c. If the contractor is involved in **special types of work, they need to hold a certificate for such work ; d. When working in toxic and hazardous environments, the contractor shall, in accordance with the company’s relevant regulations, urge the workers to adopt appropriate protective measures. 3. The personnel from the construction unit are taken to the construction site by the company’s project supervisors. 4. When open flames are required in the construction work (such as for welding or gas welding), it is necessary to inform the company’s project supervisor; use is permitted only with the supervisor’s approval, who is responsible for overseeing the use of fire on site. 5. When electricity connection is required during construction, the supervisors must be informed in advance; they will then contact an electrician to assist with the connection. Construction workers are not allowed to connect electricity on their own. 6. In the case of wires and other electrical equipment used by construction workers that do not meet safety standards, electricians and supervisors have the right to demand that those workers stop using them once such issues are detected. 7. When construction materials arrive at the company, the supervising staff shall designate a location for storing spare materials; the contractor is not allowed to store them there without permission, and is responsible for maintaining cleanliness at the site. 8. Smoking is strictly prohibited outside the designated smoking area in the factory premises. 9. Construction workers are permitted to move only within the construction site; they are not allowed to wander around in workshops, offices, or other areas of the factory, nor may they use the company’s equipment and facilities without permission. 10. The company is responsible for handling the hazardous waste generated during construction; other types of waste must be removed from the site by the contractor, and shall not be piled up in any area of the company, including waste storage areas. After construction is completed, the site must be cleaned thoroughly, and approval from the supervising personnel must be obtained before the site can be left. 11. In principle, construction workers are not allowed to work late shifts; if such work is necessary, they must inform the supervisors in advance. Only with the company’s permission can special personnel from the construction party oversee such work. 12. The person in charge of the construction site is responsible for informing the workers of the company’s guidelines and construction requirements. If the workers violate these requirements, the company may take appropriate action as it sees fit. 13. The construction party is required to strictly abide by the above agreements; in case of any violations, your company shall bear all responsibilities. Construction contractor: ___________ Representative of the construction contractor: ___________ Date: ___________ Entrusting party: ___________ Representative of the entrusting party: ___________ Date: ___________ (This agreement is made in two copies, one for the construction contractor and one for our company.) (The validity period of this agreement is two years.)