Commercial Law: Analysis of Construction Site Safety Concerns and Laws

This report examines key safety concerns within the construction industry, specifically using the Gateway Thao Dien project in Ho Chi Minh City, Vietnam, as a case study. It identifies critical hazards such as moving objects (trucks, lifting equipment), excessive noise from machinery, risks associated with materials handling (manual and equipment-based), and the dangers of asbestos exposure. The report outlines relevant laws, regulations, and safety practices, including respiratory protection standards, personal protective equipment (PPE) requirements, and training protocols for workers. A court case related to manual handling is presented to illustrate legal implications and employer responsibilities. The report concludes by emphasizing the importance of comprehensive safety training, the correct use of protective gear, maintaining a clean workspace, and adherence to OSHA standards to minimize construction site risks. The report provides a comprehensive overview of the legal and practical considerations of construction site safety, drawing from various research sources and case studies to enhance understanding and promote safer working environments.

COMMERCIAL LAW
[Author Name(s), First M. Last, Omit Titles and Degrees]
[Institutional Affiliation(s)]

The key safety concerns of the construction site and explain why they are concerns
The chosen construction project and site for this assignment is the Gateway Thao Dien
project in Ho Chi Minh, Vietnam which is a project involving the construction of residential
apartments whose target customers were the dwellers of the Ho Chi Minh City.
The key safety concerns on the site include:
 Moving objects: There were numerous moving objects on the site including trucks that
are used in bringing in the construction materials and carrying away of excavated soil.
There are also lifting equipment and diggers that are moving all over the place in an even
terrain (Demirkesen & Arditi, 2015).
 The moving objects may accidentally hit any of the workers on the site resulting in
injury, fracture or ultimate demise. Still, these objects may hit other objects leading to
destruction of property and a resultant increase in the project cost.
 Noise: The construction site is noisy with loud, excessive and repetitive noise coming
from the various equipment that are used including the concrete mixer (Guo, Yu &
Skitmore, 2017)
 The high levels of noise may result in long term hearing challenges including deafness
besides being a harmful distraction which may distract the employees from the tasks they
are handling and thus lead to accidents
 Materials and manual handling: There is constant lifting and movement of materials
around the sites is it through manual means or by use of equipment (Zhou, Goh & Li,
2015). These materials must be moved from one place to another to improve the value of
their usability.

 Handling materials is associated with some extent of danger including broken bones,
bruises and punctures with the most common one being damage to the soft tissues
 Asbestos: When construction materials containing asbestos are damaged or even
disturbed, the fibres contained within them are released into the air (Li et al., 2016).
Inhalation of such fibers may result in serious and fatal diseases including pleural
thickening, asbestosis and even lung cancer.
Laws, regulations and practices which deal with identified concerns
Respiratory safety has come up with the standards of respiratory protection which entails
the detailed methods for reduction and elimination of respiratory hazards. An exposure
assessment should be conducted on the site to establish the exposure levels as well as fume
components besides the exposure levels. The assessment should be conducted by a certified
industrial hygienist or a qualified specialist in occupational health (Pink, Lingard & Harley,
2016).
Personal protective equipment is a provision by OSHA to be issued by the employers.
The PPE are used in the protection of the ears, eyes and well the nose against being subjected to
asbestos, chemicals from material handling as well as the high levels of noise that are
experienced on the site.
Protection from moving and falling objects: Regulations provide for regular training of
all workers who are to work under circumstances that are inclusive of falling and moving
objects. Inspection of the fall protection equipment should as well be conducted every time they
are used, which should only by a qualified person and the findings of the inspections documented
(Sanchez, Pelaez & Alis, 2017). The inspection should be carried out with regard to the

recommendations of the manufacturer as well as the requirements of OSHA. Each time a harness
is used, an extensive visual inspection should be conducted for any signs of wear and stress.
Among the safety practices may include:
 Informing the workers in case of existence of asbestos on the construction site-They must
as well undergo thorough training regarding what they are supposed to do when they
encounter substances they suspect are containing asbestos.
 Adequate training should be offered on duties relating to manual handling. Training
should also be offered to employees who are to use lifting equipment and a test
conducted to establish their ability to safely use the equipment (Zhang, Boukamp &
Teizer, 2015).
 Working close to the moving objects should be avoided
 The employees are supposed to be vigilant of their environment, mostly in cases where
they moving objects have no lights or beepers
 The workers should wear PPE for example high visibility jackets to enhance their
visibility
A court case dealing with a related safety concern
A case was presented before the Brisbane Supreme Court on the 4th Oct 2018 in which
the plaintiff who was aged 45 years and served as a sales representative/delivery driver and
claimed to have sustained injuries as a result of lifting vehicle batteries repetitively and jumping
off the cabin of the truck.
The judge made a declaration that the plaintiff jumped out of the truck through swinging
off the cab front first. The employer was found to be in breach of duty by not offering manual

handling training of the said batteries as well as training and instruction for leaving the truck.
The plaintiff could not prove causation for training for manual handling. He could not present
any proof that he could not have been in the same position would the employer have taken the
necessary precautions.
The implications of the case were such that the employers are having a responsibility to
train as well as instructing workers to jump off the truck cabs. The Court emphasized the
position that the plaintiff had to produce evidence to confirm a link between the breach and the
causation to establish the liability. The result of liability a quantum matters are to a great extent
reliant on how expert and lay witnesses offer evidence during trial.
How safety risks would be minimized
 Provision of safety training to workers: Employees ought to be trained on the workplace
safety standards as well as the hazards which they are likely to encounter while on the job
 Making use of protecting clothing and gear: Workers are supposed to be wearing the
recommended safety equipment for their duties to protect the various parts of their body
against injuries (Zhang et al., 2015).
 Maintaining a clean workspace: the chances of injuries to the construction worker are
reduced by keeping clean the work areas as well as ensuring they are free of debris
 Following the provisions of OSHA as well as any reports regarding dangerous working
conditions: Risks of injuries on the construction site are enhanced in cases where the
employers and workers navigate corners of the rules as well as provisions of OSHA
References

Demirkesen, S., & Arditi, D. (2015). Construction safety personnel's perceptions of safety
training practices. International Journal of Project Management, 33(5), 1160-1169
Guo, H., Yu, Y., & Skitmore, M. (2017). Visualization technology-based construction safety
management: A review. Automation in Construction, 73, 135-144
Li, H., Yang, X., Wang, F., Rose, T., Chan, G., & Dong, S. (2016). Stochastic state sequence
model to predict construction site safety states through Real-Time Location
Systems. Safety science, 84, 78-87
Pink, S., Lingard, H., & Harley, J. (2016). Digital pedagogy for safety: the construction site as a
collaborative learning environment. Video Journal of Education and Pedagogy, 1(1), 5
Sanchez, F. A. S., Pelaez, G. I. C., & Alis, J. C. (2017). Occupational safety and health in
construction: a review of applications and trends. Industrial health, 55(3), 210-218
Zhang, S., Boukamp, F., & Teizer, J. (2015). Ontology-based semantic modeling of construction
safety knowledge: Towards automated safety planning for job hazard analysis
(JHA). Automation in Construction, 52, 29-41
Zhang, S., Sulankivi, K., Kiviniemi, M., Romo, I., Eastman, C. M., & Teizer, J. (2015). BIM-
based fall hazard identification and prevention in construction safety planning. Safety
science, 72, 31-45
Zhou, Z., Goh, Y. M., & Li, Q. (2015). Overview and analysis of safety management studies in
the construction industry. Safety science, 72, 337-350