Regulation of Construction Safety Under the MDB-FIDIC, PPA & Applicable Laws
Table of contents
Acknowledgments …………………………………………………………………………………………. I
Abstract ………………………………………………………………………………………………………… II
List of tables & case studies.………………………………………………………………………….. III
Abbreviations ………………………………………………………………………………………………. .IV
Chapter One - Introduction ................................................................4
1.1 – Background ...................................................................................................................................... 4
Chapter Two - Objective of the study & Methodology followed ..........4
Chapter Three - Safety .......................................................................5
3.1 GENERAL SAFETY................................................................................................................................. 5
3.1.1 Definition of basic terms ............................................................................................................. 5
3.2. CONSTRUCTION SAFETY ..................................................................................................................... 7
Chapter Four .................................................................................... 12
4.1 Obligation of Parties in Legal Regulation of Construction Safety and
Contractual regulation of construction safety. .......................................... 12
Chapter Five: Construction Safety and the natural environment ....... 21
5.1 Contractual Regulation of Safety of the natural environment ...... 21
5.1.1 Under MDB-FIDIC Conditions of Contract ..................................................................................... 21
5.1.2 under PPA Conditions of Contract ................................................................................................. 24
5.2 Legal Regulation of Safety of the natural environment ..................... 24
5.2.1 International laws ............................................................................................................................... 24
5.2.2 Local applicable laws ......................................................................................................................... 25
Chapter Six: Construction safety of the human environment ............ 28
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Regulation of Construction Safety Under the MDB-FIDIC, PPA & Applicable Laws
6.1 Contractual Regulation of Safety of the human environment ...... 28
6.1.1
Under MDB-FIDIC conditions of contract ............................................................................... 28
6.1.1.1 Workers at the site................................................................................................................. 28
6.1.1.2 The Public around the working site ....................................................................................... 30
6.1.2
Under PPA Conditions of Contract .......................................................................................... 31
6.1.2.1 Workers at the site................................................................................................................. 31
6.1.2.2 The Public around the working site ....................................................................................... 31
6.2 Legal regulations of safety of human environment ................... 31
6.2.1
International Laws................................................................................................................... 31
6.2.1.1 Workers at the site................................................................................................................. 31
6.2.1.2 The Public around the working site ....................................................................................... 33
6.2.2
Local Applicable laws .............................................................................................................. 34
6.2.2.1 Workers at the site................................................................................................................. 34
6.2.2.2 The Public around the working site ....................................................................................... 36
Chapter Seven: Construction safety of the Built-environment ........... 36
7.1. Contractual Regulation of Safety of the Built-environment ........ 36
7.1.1. Under MDB-FIDIC conditions of contract ..................................................................................... 36
7.1.1.1 The work under construction ................................................................................................ 36
7.1.1.2. The neighboring structure .................................................................................................... 37
7.1.1.3. Other relevant structure in the country ............................................................................... 38
7.1.2. Under PPA conditions of contract................................................................................................. 39
7.1.2.1 The work under construction ................................................................................................ 39
7.1.2.2. The neighboring structure .................................................................................................... 39
7.1.2.3. Other relevant structure in the country ............................................................................... 40
7.2. Legal Regulation of Safety of the Built-environment .................. 40
7.2.2 Local law......................................................................................................................................... 40
7.2.2.1. The work under construction ............................................................................................... 40
7.2.2.2. The neighboring structure .................................................................................................... 42
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7.2.2.3. Other relevant structure in the country ............................................................................... 42
Chapter Eight: Construction safety of the Service environment ......... 42
8.1. Contractual Regulation of Safety of the Service environment ..... 42
8.1.1. Under MDB-FIDIC conditions of contract. .................................................................................... 42
8.1.2. Under PPA conditions of contract................................................................................................. 43
8.2. Legal Regulation of Safety of the Service environment ............... 44
8.2.1 Local law......................................................................................................................................... 44
Chapter Nine: Conclusion and Recommendation .............................. 46
9.1 Conclusion ......................................................................................................................................... 46
9.2 Recommendations ............................................................................................................................ 47
References ....................................................................................... 49
Annex - A
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Chapter One - Introduction
1.1 – Background
Construction industry, in general, is comparatively less organized because of its
temporary nature and involves participation of major percentage of unskilled labor as
compared to other industrial sectors. This makes it more vulnerable to accidents. Also a
construction operation, like road construction, brings adverse impacts on the
environment, especially when it passes through a new alignment. Accidents & adverse
impacts on the environment are generally unavoidable in construction projects but the
number and gravity of accidents and also the effects on the environment can be
reduced considerably if proper safety measures are taken beforehand. This paper tries
to discuss safety in general and construction safety in particular in relation to the
environment. We mean by environment; the natural or physical environment, the human
environment, the built environment and the service environment. Later, in this paper, we
will see the safety problems in road construction with respect to these environment
categories & the legal & contractual regulations as per the MDB-FIDIC and PPA
conditions of contracts and also the applicable laws. In addition, we will discuss here
some project experiences which are directly related to the subject matter and also we
see how those problems were settled.
Chapter Two - Objective of the study & Methodology followed
The Objective of this term paper is to develop an understanding of the conceptual and
real application of the conditions of contract under MDB-FIDIC and PPA, Public
Procurement Agency as well as the applicable law of the country such as the Civil code
1960 publication and other relevant regulations, Proclamations by Public Authorities and
international laws to analyze the construction safety problem regulation contractually
and legally.
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The methodology adopted to complete this term paper is through participatory role of
each student within the Group, review of law material documents from Ato Zewedu
Tefera, visit and interview of responsible Law section heads from public authorities to
acquire further feedbacks and case studies to clarify its applicability under the
construction safety regulations of our country.
Chapter Three - Safety
3.1 GENERAL SAFETY
The term safety as the dictionary meaning it means ‘being free from danger or risk’. As
there is no absolute safety in practical, perhaps the best possibility that we can do is
minimizing the chance of occurrence of danger or risks.
Safety is the state in which the risk of harm to person or property damage is reduced to,
and maintained at or below, an acceptable level through a continuing process of hazard
identification and risk management. The management of work place health and safety is
done together, and in the same way, so that often in speech the word ‘safety ‘is used to
mean both. At this time the environmental issues also need to be managed, and again
often by using the same techniques and practices safety. In general, safety is
minimizing of unsafe acts and unsafe conditions at workplace.
3.1.1 Definition of basic terms
 Accidents are the end products of sequences of events or actions resulting in an
undesired consequence (injury, property damage, interruption, delay). It is
undesired event which results in physical harm and property damage, usually
resulting from contact with a source of energy above the ability of the body or
structure to with stand it.
 An injury is a consequence of an incident but not the only possible one. It has
been shown that hundreds of incidents occur in the construction industry for
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every one that causes injury or loss. But all have the potential to do so .That is
why it is important to look at all incidents as process of information on what is
going wrong. Rely on injury records only allow a review of a minority of incident
those which happened to result in serious injury consequence.
 Hazard is the inherent property or ability of something to cause harm – the
potential to interrupt with process or person. Hazards may arise from interacting
or influencing components. It describes potential for harm.
 Risk is the chance or probability of loss, an evaluation of the potential for failure.
It is the like hood harm will result in particular situation or circumstances.
 Environment means under the Federal Negarit Gazeta-No. 7 31"October, 2002Page 1940 is the totality of all material whether in their natural state or modified
or changed by human, their external spaces and the interactions which affect
their quality or quantity and the welfare of human or other living beings, including
but not restricted to, land atmosphere, weather and climate, water, living things,
sound, odor, taste, social factors, and aesthetics;
 "Hazardous material' means any substance in solid, liquid or gaseous state, or
any plant, animal or micro organism that is injurious to human health or the
environment;
 "Hazardous Waste" means any unwanted material that is believed to be
deleterious to human safety or health or the environment;
 "Pollutant" means any substance whether liquid, solid, or gas which directly or
indirectly:
(a) Alters the quality of any part of the receiving environment so as to effect its
beneficial use adversely; or
(b) Produces toxic substances, diseases, objectionable odor, radioactivity, noise,
vibration, heat, or any other phenomenon that is hazardous or potentially
hazardous to human health or to other living things;
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
"Environmental Impact Assessment" means the methodology of identifying and
evaluating in advance any effect, be it positive or negative, which results from the
implementation of a proposed Project.

"Pollution" means any condition which is hazardous or potentially hazardous to
human health, safety, or welfare or to living things created by altering any
physical, radioactive, thermal, chemical, biological or other property of any part of
the environment in contravention of any condition, limitation or restriction made
under this Proclamation or under any other relevant law;

Impact" means any change to the environment or to its component that may
affect human health safety, flora, fauna, soil, air: water, climate, natural or
cultural heritage, other physical structure, or in general, subsequently alter
environmental, social, economic or cultural conditions;

Authority" means the Environmental Protection Authority re-established under
Article 3 of proclamation no. 300/2002
3.2. CONSTRUCTION SAFETY
A construction site can be a dangerous environment since powerful machinery,
hazardous materials, scaffolding and trenches create risks for the construction workers
and other people in the constructing area. So that safety rules are the first and important
point one should consider before starting any activity.
 Accident will happen on construction site, but developing the skills that you need
to do your works safely can reduce the number.
 People disregarding the recommended procedure generally cause for accidents.
 While performing an activity you should concentrate on your work.
EXCAVATION
 An excavation is any man-made cut cavity, trench or depression in the surface of
the earth that is formed by the removal of earth.
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 A competent person shall make inspections before the start of each shift, daily,
as dictated by the work done in each trench, after every rainstorm (or some
other weather condition that could increase hazards), when fissures, tension
cracks, sloughing, undercutting, water seepage, bulging at the bottom, or a
similar condition occurs, when there is a change in the size, location, or
placement of the spoil pile, and when there is an indication of change or
movement in adjacent structures. A competent person is classified as a person
who demonstrates training, experience and knowledge of soil analysis and
protective systems.
 Prior to opening an excavation, it shall be determined if underground installations
(i.e. sewer, electrical lines, etc.) are present.
 The walls and face of all excavations 5 feet or more in depth that personnel will
enter shall be guarded by shoring or ground sloping.

Wood sheathing or uprights shall not be less than 2 inches thick.
3/4-inch
plywood sheets may also be used in addition to the 2-inch material as a means
of holding loose material.
 Excavated materials shall not be placed closer than 2 feet from the edge of the
excavation.
 A safe means shall be provided for workers to enter and exit the excavation area
(i.e. ladder, ramp, etc.). Lifting equipment (such as riding in a backhoe bucket)
does not constitute an acceptable safe means of egress.

Adequate barrier protection, such as barricades and signage, shall be provided
at all excavations.
 Employees must be protected from loads or objects falling from lifting or digging
equipment.
Employees are not allowed to work under raised loads and are
required to stand away from equipment that is being loaded.
 Stop logs must be installed if there is a danger of vehicles falling into the trench.
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 Equipment operators or truck drivers may stay in their equipment during loading
and unloading only if the equipment is properly equipped with a cab shield or
adequate canopy.
 An adequate warning system shall be provided for any mobile equipment
operating adjacent to or without clear view of the edge of excavations.
FLOOR OPENINGS
 Floor openings into which a person can step shall be guarded by railing or a
barricade on all sides of the opening.
 Floor opening covers shall be made of solid construction except when there is no
danger of falling materials.

Grill type covers with openings not over one-half inch in width may be used.
 Unused parts of service pits shall be covered or protected by guardrails.
 Any openings out in a floor for the disposal of materials shall be no larger in size
than 25% of the aggregate of the total floor area, unless the lateral supports of
the removed flooring remains in place.
ASPHALT ROOFING
 Asphalt kettles shall not be used inside or on the roof of buildings.
 Tar kettles shall not be placed in a location that will block egress from the
building.
 At least one 10-pound ABC fire extinguisher shall be located within 30 feet of
each operating asphalt kettle and on the roof that is being covered.
 Kettles must be located as far as possible from building air intakes.
LADDERS
 Persons shall not use chairs or other furnishings to do elevated work; ladders
shall be utilized.
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 Ladders shall not be loaded in excess of their safe capacity as determined by the
manufacturer.
 Ladders shall be erected at a pitch of 75 degrees for maximum balance and
strength.
 Metal ladders shall not be used in areas where they may contact electrical
circuits or lines. If ladders are to be used where the worker of the ladder could
contact exposed electrical equipment, the side rails must be nonconductive.
 Always follow manufacturers recommendations (usually found on the ladder) for
proper ladder use.
 Ladders must be maintained free of oil & grease.
 Ladders must not be moved, shifted, or extended while in use. Ladders placed in
areas of traffic must be secured or a barricade installed to prevent against
accidental movement.
 When ascending or descending a ladder, the worker must face the ladder.
 Each employee using a ladder must be trained to recognize hazards (such as the
nature of fall hazards in the work area, the correct procedures to erecting,
maintaining, and disassembling the fall protection systems, the proper
construction, use and placement of the ladder and the maximum intended loadcarrying capacity) related to the ladder and proper procedures to minimize these
hazards.
 Prior to using the ladder, check the following items: check rails for cracks, checks
or bends, check for missing or broken rungs, check the braces (step ladder),
assure on a solid surface, check feet, check anchor points at the top and bottom
of ladder, check where the ladder is resting, look for other work being done near
you, and check for material or tools left on ladder.
 A detailed diagram of the proper placement of ladders is included on the
following along with proper signage to be placed on condemned ladders.
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Figure 1
Figure 2
Figures 1 & 2: The base of a straight ladder should be one foot out of every
four of height to the point of support.
SCAFFOLDS
 Scaffolds shall be capable of supporting its own weight and at least 4 times the
maximum intended load.
 Scaffold components manufactured by different manufacturers or made of
dissimilar metals shall not be pieced together unless the components fit together
without force and the integrity is maintained.
 Supported poles, legs, posts, frames etc. shall be placed on base plates and
mud sills or other adequate firm foundation.
 Footings shall be level, sound, rigid, and capable of supporting the loaded
scaffold without settling or displacement. Do not climb on scaffolds that wobble
or lean to one side.
 Front-end loaders and other equipment may not be used to support scaffold
platforms (unless specifically designed by the manufacturer for that purpose).
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Chapter Four
4.1 Obligation of Parties in Legal Regulation of Construction Safety and Contractual regulation of construction safety.
Table 1.
Clause
Obligation
Description
Employer
Contractor
3.1 Legal regulation of construction safety
3.1.1 The applicable Law (Civil Code)
Art. 2548
Principle,
The employer shall take such measures as are required by the special
circumstances of the work to safeguard the life, physical integrity, health and
moral standing of the employee.
Employer
He shall in particular arrange the premises and keep up the equipment in his
undertaking with this object in view, in accordance with the general practice and
technical requirements.
Art. 2549
Accidents arising from work.
The employer shall be liable for accidents which the employee suffers arising
from his work.
Art. 2550
Assimilated cases.
The employer shall be liable for accidents which the employee suffers arising
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from activities which he performs in the interest of the undertaking,
notwithstanding that these activities have not been ordered by the employer.
Art.2551
Accidents at the time and place of work.
1) Where the employee performs his work on the premises or at the place
assigned to him by the contract of employment, the employer shall be liable for
the accidents which the accidents which the employee suffers during the time
and at the place where he works.
2) Rest periods belonging to the work shall be regarded as part of the work time.
Employer
3) Premises placed by the employer at the disposal of the employee during
these rest periods shall be regarded as part of the work place.
Art.2552
Professional diseases.
The employer shall be liable for diseases which the employee contracts arising
from his work.
Administrative regulations for the different industries shall specify what diseases
shall, notwithstanding any proof to the contrary, be deemed to have been
contracted arising from work.
The employee may at any time claim that he has contracted a disease arising
from his work, which is not included in any list.
Art. 2553
Non-liability of employer. 1. Fault of employee.
The employer shall be relieved of his liability under the preceding articles where
he proves that the accident or disease is due to the international act of the
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victim.
He shall also be relieved of liability where he proves that the accident or disease
has happened because the employee has contravened a regulation to which his
Art. 2554
attention had been especially drawn in writing.
2. Absence of relationship with work.
The employer shall not be liable where he proves that the accident has no Employer
connection with the work of the employee or with the contract of employment
with which it is associated.
Art. 2555
3. Other causes
The employer shall not be relieved of his liability for any other causes.
Art. 2556
Scope of liability. - 1. Medical and other expenses.
The employer shall meet all the medical, pharmaceutical, hospital, and other
expenses which the accident or the disease necessitates for the employee and
which the latter reasonably incurs.
He shall on the same conditions, meet the funeral expenses, where the
employee dies because of the accident or the disease.
Art. 2557
2. Apportionment of wages
1) The employer shall, during a period of a year, pay to the employee 75% of his
wages from the moment when the employee has had to cease work, where the
employee is prevented from working because of the accident or the disease.
2) The amount due from the employer shall be increased by 5% for each year
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that the employee has given to the service of the employer, provided the wages
of the employee are not exceeded.
3) This amount may however not exceed five hundred Ethiopian Dollars per
month.
Art. 2558
3. Obligation to maintenance.
1) After the expiry of the period lay down in Art. 2557and where the employee is
permanently deprived, by reason of the accident or the disease, of half or more
than half of his capacity to work, the employer shall maintain the employee and
his children who are under age.
2) Such obligation shall not bind the employer unless the employee can not
obtain maintenance from members of his family.
3) It shall be governed by the provisions of the Book of this Code relating to
“Family Relationship” (Art. 807-825)
Art. 2559
Employer
4. Serious offences or fraud of the employer.
1) Where the accident or disease of the employee is caused by an intentional act
or the recklessness of the employer, the provisions of art. 2557 and 2558 shall
not apply.
2) The employee, his family and his heirs may in such case claim compensation
For the damage which they have suffered in accordance with the provisions of
the chapter of this Code relating to “Extra Contractual Liability “(Art. 2027-2161).
3) There shall be a serious offence where the employer makes a mistake or
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commits an act of imprudence or negligence such that it can only be explained
by the stupidity, recklessness or indifference to the life or health of his
employees.
3.2 Contractual regulation of construction safety.
3.2.1 Management of safety under MDB FIDIC
Under the general condition, section 6
Health and Safety
The Contractor shall at all times take all reasonable precautions to maintain the
health and safety of the Contractor’s Personnel. In collaboration with local health
authorities, the Contractor shall ensure that medical staff, first aid facilities, sick
bay and ambulance service are available at all times at the Site and at any
accommodation for Contractor’s and Employer’s Personnel, and that suitable
arrangements are made for all necessary welfare and hygiene requirements and
for the prevention of epidemics.
The Contractor shall appoint an accident prevention officer at the Site,
responsible for maintaining safety and protection against accidents. This person
shall be qualified for this responsibility, and shall have the authority to issue
Contractor
instructions and take protective measures to prevent accidents. Throughout the
execution of the Works, the Contractor shall provide whatever is required by this
person to exercise this responsibility and authority.
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The Contractor shall send, to the Engineer, details of any accident as practicable
after its occurrence. The Contractor shall maintain records and make reports
concerning health, safety and welfare of persons, and damage to property, as
the Engineer may reasonably require.
HIV-AIDS Prevention. The Contractor shall conduct an HIV-AIDS awareness
programme via an approved service provider, and shall undertake such other
measures as are specified in this Contract to reduce the risk of the transfer of the
HIV virus between and among the Contractor’s Personnel and the local
community, to promote early diagnosis and to assist affected individuals.
i)The Contractor shall throughout the contract (including the Defects Notification
Period):
conduct
Information,
Education
and
Consultation
Communication
(IEC)
campaigns, at least every other month, addressed to all the Site staff and labor
(including all the Contractor's employees, all Subcontractors and Consultants'
employees, and all truck drivers and crew
making deliveries to Site for
construction activities) and to the immediate local communities, concerning the
risks, dangers and impact, and appropriate avoidance behavior with respect to,
of Sexually Transmitted Diseases (STD) - or Sexually Transmitted Infections
Contractor
(STI) in general and HIV/AIDS in particular;
(ii) provide male or female condoms for all Site staff and labor as appropriate;
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and
(iii) Provide for STI and HIV/AIDS screening, diagnosis, counseling and referral
Contractor
to a dedicated national STI and HIV/AIDS programme, (unless otherwise
agreed) of all Site staff and labor. The Contractor shall include in the programme
to be submitted for the execution Of the Works under Sub-Clause 8.3 an
alleviation programme for Site staff and Labor and their families in respect of
Sexually Transmitted Infections (STI) and Sexually Transmitted Diseases (STD)
including HIV/AIDS. The STI, STD and HIV/AIDS alleviation programme shall
indicate when, how and at what cost the Contractor plans to satisfy
the requirements of this Sub-Clause and the related specification.
For each component, the programme shall detail the resources to be provided or
utilized and any related sub-contracting proposed. The programme shall also
include provision of a detailed cost estimate with supporting documentation.
Payment to the Contractor for preparation and implementation this programme
shall not exceed the Provisional Sum dedicated for this purpose.
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3.2.2 Management of safety under PPA
The following clause is provided for consideration and use by procuring entities.
But it is to be used on “as needed” bases. It is to be inserted into the special
condition of contracts. It states that
g) The minimum cover for personal injury or death insurance is [insert amount]
with no deductible.
[The levels of cover and maximum deductible amounts will vary greatly.
Contractor
Depending on the nature and value of the works. It is safer to select a higher
level of minimum cover and lower deductibles. If in doubt, Procuring Entities
should obtain professional advice on acceptable minimum cover limits. The
following values are given in US Dollars as a guide only, but may be varied and
may be specified in Ethiopian Birr or another appropriate
currency:
(g) Minimum cover for personal injury or death. US$500,000 with no deductible.]
Burial of the Dead
The Contractor shall be responsible for the transport to his /her home of any
expatriate employee or members of their families who may die in Ethiopia. The
Contractor
Contractor shall be responsible for arrangements for the burial of local
employees who may die while engaged upon the Works.
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Safety Officer
The Contractor shall employ a full-time qualified Safety Office on site until the
Works have been completed. The Safety Officer shall be responsible for
compliance with the Contractor’s Site Safety Plan by all employees and shall
hold regular safety meetings with all employees. He shall be given authority to
halt any unsafe working methods or practices on site.
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Chapter Five: Construction Safety and the natural environment
It is a well understood fact that in any construction, construction activities operations
highly affect the physical and biological environment. Several new projects such as
Building, Road, Dam, etc projects are known to adversely affect the natural environment
more than road upgrading and rehabilitation construction projects. As a result, the
natural ecosystem is subjected to sever changes that in turn affects the human and
biodiversity and brings health impact as well. Therefore, contractual regulations are
eminent to help at least minimize these catastrophic impacts during execution of
projects.
5.1 Contractual Regulation of Safety of the natural environment
5.1.1 Under MDB-FIDIC Conditions of Contract
MDB-FIDIC conditions of contract, under clause 4.1 strongly emphasizes that, stability
& safety of all site operations and of all methods of construction are the responsibilities
of the contractor. This is a clear obligation that lies on the contractor to keep the safety
of all operations by him to insure the safe and well being of the surrounding
environment.
Protection of the human environment is noted as an obligation by the contractor under
MDB FIDIC sub-clause 4.18 stating “The contractor shall take all reasonable steps to
protect the environment (both on and off the site) and to the limit damage and nuisance
to people and property…”
This sub- clause aware the contractor to cautiously execute his work not to disturb or
damage the environment recklessly and if so happens during the work execution he
should take the necessary measures as per standards to reinstate the environment. He
should also as much as possible minimize nuisance to people and property resulting
from pollution, noise, etc.
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Under this sub-sub clause, the contractor should also ensure the emission, surface
discharge and effluent from the contractor’s activity and reduce not to exceed stated
values in the specification or as prescribed by the applicable law.
Under sub-clause 4.8 as well the contractor is also required to with all applicable safety
regulations, take care of its persons on site, insure that unnecessary obstructions have
been avoided from work sites, provide fencing, lighting, guarding and watching of the
works until completion and provide any temporary works which may be useful for the
protection of the public, owners and occupiers of adjacent lands.
It is also clearly stated under MDB FIDFIC sub-clause 6.7 Health and safety that the
contractor shall at all time takes a reasonable precaution to maintain the health and
safety of the contractor’s personnel.
The contractor is also required under this sub-clause to avail the necessary medical
staffs and first aid facilities, sick bay and ambulance service at all times at the sites and
at any accommodation for contractor’s and employer’s personnel.
The contractor is also obliged by this sub-clause to appoint a safety officer at the site
responsible maintaining safety and protection against accidents.
In regard to MDB-FIDIC, the following sub-clause 10.4 obliges the contractor to
reinstate any damage or loss as a result of work execution back to its original natural
state.
“Except as otherwise stated in a Taking-Over Certificate, a certificate for a
Section or part of the Works shall not be deemed to certify completion of any ground or
other surfaces requiring reinstatement”. Under this sub-clause, the contractor is
required to bring any ground or other disturbed surface into its original state at his own
cost to get his taking over certificate before the project is pronounced as completed by
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the engineer. Therefore it is the sole responsibility of the contractor to abide by this subclause.
The contractor is also responsible under MDB FIDIC sub-clause 17.2 to take full
responsibility for the safety of the works and goods from the commencement date until
the taking over certificate is issued.
However, this sub-clause stipulates that the responsibility for the care of the work shall
pass to the Employer if a taking over certificate is issued for any section or part of the
works.
The contractor is also liable for any loss or damage to the works, Goods or contractor’s
document other than Employer’s risk, during the period when he is responsible for their
care. If so happened the contractor is required to rectify the loss or damages at his own
risk and cost.
The contractor under Transport of Goods sub-clause 4.16 should:

Give notice to the Engineer not less than 21 days when planning to deliver any
plant or major items of other Goods to his site.

Is required to keep the safety of Goods that he transports to project sites starting
from packing, loading, transporting, receiving, unloading and storing and as well
as protection of any Goods required for the work. He will also be held responsible
for any damage or loss arises resulting from the transportation of Goods.

He shall indemnify the Employer from all damages, losses and expenses
resulting from transport of Goods.
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5.1.2 under PPA Conditions of Contract
Pertaining to the General conditions of contract PPA clause 19,” The Contractor shall be
responsible for the safety of all activities on the Site”.
This clause as a whole seems to leave the burden of keeping safety to the contractor.
Therefore according to this clause similar to MDB-FIDIC clauses takes the responsibility
of keeping the environment indirectly by not disturbing or polluting the environment due
to its work operation.
5.2 Legal Regulation of Safety of the natural environment
The continuing environmental degradation and pollution by construction activities, gas
and effluent from industries necessitate the onset of specific laws and regulations that
prevents or protects the environment from the detrimental adverse effects both locally
and internationally.
5.2.1 International laws
With regards to International law, ILO’s environment convention adopted in 20th June
1977, it prohibits under its regulation noise which can cause discomfort and stress to
the dwellers near the project area.
In the same manner, June 1st, 1988 convention of ILO, safety & health in construction
convention puts provisions and guidelines that obliges member of countries which ratify
the Convention to adopt and maintain in force laws or regulations which ensure the
application of the provisions of the Convention. Therefore, the responsibility of safety
and pollution control is left to the national laws and regulations
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5.2.2 Local applicable laws
There are several proclamation No. 295/2002, 299/2002, 300/200… that are applicable
to our safety issues related to an environment.
Under the Proclamation 299/2002 of the Negarit gazeta, related to the safety of the
natural environment, the following points have been pointed out.

It clearly denotes under Part II no. 1 that no person can implement a project
which requires environmental impact assessment prior to an authorization from
the authority or relevant regional environmental agency.
There are also two major points considered under this proclamation in respect to
environmental impacts before the contractor aspires to start any active work of the
project site.

The impact of a project shall be assessed on the basis of the size, location, nature,
cumulative effect with other concurrent impacts or phenomena, trans regional effect,
duration, reversibility or irreversibility or other related effects of the project.

The Authority or the relevant regional environmental agency shall err on the side of
caution while determining the negative impact of a project having both beneficial and
detrimental effects, but which, on balance, is only slightly or arguably beneficial, and
thus determine that it is likely to entail a negative significant impact.

In violation of above regulations under the proclamation, the following contractual
liability shall be applicable under the civil code of Ethiopia.

Contractual liability- Art 2035 of the Civil code. Infringement of law
The person who commits an offense as described above shall be tried
under this article of civil code no. 2 that states “A person commits an
offense where he infringes any specific and explicit provisions…”
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
The proclamation also emphasizes under Part II Projects requiring EIA no. 2 that
every project which falls in any category listed in any directive issued pursuant to
the Proclamation shall be subject to environmental impact assessment.

The proclamation also indicates under Part six no. 2 of Offense and Penalties
that if any person violates the decree and makes false representation of the EIA
report commits an offence and shall be liable to at least of not less than fifty
thousand birr and not more than hundred thousand birr.
The following Extra-Contractual liability articles shall be applied as per the Civil Code of
Ethiopia 1960, in violation of the above stipulated Environmental protection by a
contractor.

Art 2031. Professional fault
The person who commits an offense as described above shall be tried under this article
of civil code no. 2 that states “ He shall be liable where, due regard being had to
scientific facts or the accepted …”

Art 2059. False information
The person who commits an offense as described above shall be tried under this article
of civil code that states “A person who, intentionally or by negligence, supplies false
information to another commits an offense where…”
In a similar way, Under the Proclamation 300/2002 of the Negarit gazeta, related to the
safety of the natural environment, the following points have been raised.

The proclamation strictly forbids that no person directly or should cause other
person to pollute the environment by violating the relevant environmental
standards under Part II of no. 1.
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
The Authority or the relevant Regional environmental agency can take an action
(an administrative or legal) against the one who pollutes the environment in
accordance to Part II of no. 2.

The proclamation also notifies under Part II no. 4 that any person who has
caused pollution is required to clean up or pay the cost of cleaning up the
polluted environment as determined by the Authority or by the relevant regional
environmental agency.

The proclamation also indicates under Part six no. 2 of Offense and Penalties
that if any person violates the decree and makes false representation of the EIA
report commits an offence and shall be liable to at least of not less than fifty
thousand birr and not more than hundred thousand birr.
The following Extra-Contractual liability articles shall be applied as per the Civil Code of
Ethiopia 1960, in violation of the above stipulated Environmental protection by a
contractor.

Art 2031. Professional fault
The person who commits an offense as described above shall be tried under this article
of civil code no. 2 that states “ He shall be liable where, due regard being had to
scientific facts or the accepted …”

Art 2059. False information
The person who commits an offense as described above shall be tried under this article
of civil code that states “A person who, intentionally or by negligence, supplies false
information to another commits an offense where…”

Art 2088. Contractual obligation
The person who fails to discharge his obligation as per the contract shall
be tried under this article of civil code no. 2 that states “The consequence
of the damage shall in this case be settled in accordance with the rules
governing the agreement reached. …”
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
Art 2069. Dangerous activities
The person who commits an offense as described above shall be tried
under this article of civil code that states “A person who exposes another
to abnormal risk, by …”
Chapter Six: Construction safety of the human environment
6.1 Contractual Regulation of Safety of the human environment
6.1.1 Under MDB-FIDIC conditions of contract
6.1.1.1 Workers at the site
Claus 4.1 of the MDB FIDIC in its clause 4.1 indicates the responsibility of keeping the
adequacy, stability and safety of all site operations and all methods of construction lies
on the contractor. This implies that should insure the safety and well being of its worker
at site during the site operation phases.
In respect of the proclamation No. 377/2003 on 26th day of February 2004, the law
clearly defines safety as prevention of occupational injuries and occupational diseases
at work brought by inappropriate working environment or lack of preventive measures
against psychological and physical health hazards.
In a similar way, the contractor under Clause 4.22 of MDB-FIDIC is required to protect
unauthorized persons by keeping him off a site which he or she is endangered of like
any incidental physical attacks by insurgents or to protect him from epidemic disease.
Clause 7.1 of MDB FIDIC also obligates the contractor to dispatch his duty in a such a
way that the safety of employees and equipment is kept by proper and careful usage of
equipment facilities and non hazardous materials.
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Among provisions of safety regulations under MDB-FIDIC, HIV/AIDS alleviation
program and other health protection issues are thoroughly discussed under MDB FIDIC
Clause 6.7. Accordingly, the contractor’s responsibility lies on:

Taking reasonable precautions to maintain health and safety of workers.

Ensuring availability of medical staff, first aid facilities, sick bay and ambulance
service at the site all the time.

Appointment of qualified safety officer who is authorized to give instructions
concerning safety measures.

To report details of an accident to the Engineer in a soonest practicable time
after its occurrence

To conduct HIV-AIDS awareness program via an approved service provider.
The contractor under the MDB FIDIC conditions of contract is highly responsible for the
safe and well being of its workers at site. However, there are also other MDB-FIDIC
Clauses such as Clause 18.4-Insurance for contractors personnel and Clause 17Indemnities which seems to relief the contractor of its liability by stating that Contractor
will not be liable for damages occurred upon any personnel due to the failures in design,
or any other act or neglect of the Employer or Employer’s personnel.
However, according to MDB FIDIC clause 18.4 provision, either the Contractor or the
Employer will be liable for damages occurred upon any person an amount which is
equal to or less than that specified by the claimant or the damaged person.
Under Clause 4.8 of MDB FIDIC, the Contractor besides taking any appropriate safety
measures such as but not limited to fencing, lighting, guarding and watching of the
works to protect any persons entitled to be on the site, he also has the obligation to
comply with all applicable safety regulations in which explicitly stated under 6.4 of MDB
FIDIC that the Contractor should strictly follow the labor law of the county where the
work is to be executed.
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Apart the MDB-FIDIC, the very details in Ethiopian labor law and the generals in civil
code of Ethiopia are applicable to be binding for construction safety issues in Ethiopia.
6.1.1.2 The Public around the working site
The condition of contract under this Clause 4.8 of MDB FIDIC obligates the Contractor
to provide temporary works for use or protection of the public, and of the owners &
occupiers of adjacent land. whilst its safety procedures in order to protect the workers
from any danger which is not explicitly expressed.
In a similar way according to Clause 4.15 the contractor is required to provide the
necessary signs and direction along access routes as a remedy to safety precaution. In
addition, the contractor is strictly required under clause 4.14 of MDB-FIDIC not to
unnecessarily interfere with the convenience of the public and the access to, use and
occupation of any road or foot paths regardless of whom they are possessed by. This
clause protects the right of the public around the working sites.
The other MDB-FIDIC clause which protects the public interest is also Clause 4.23 of
MDB-FIDIC that states the Contractor and its personnel are prohibited to access any
place beyond the working site handed over to him unless permission is given from the
local authority as per the provisions stated in clause 4.13 of the MDB FIDIC. In this way,
the public nearby the site is given protection by the Contractor. These protections
include peace disturbance or damage of its property by unlawful, riotous or disorderly
conduct of the Contractor’s personnel or amongst them.
In the same way, the nearby public is protected from damages resulting due to the
Contractor’s operations like pollutions and noises under MDB FIDIC Clause 4.18.
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6.1.2 Under PPA Conditions of Contract
6.1.2.1 Workers at the site
The safety of the workers at site is not specifically taken into account under PPA
conditions of contract. The only relevant clause is clause 19.1 which briefly states as
“The Contractor shall be responsible for the safety of all activities on the site.
Further to clause 19.1 of the PPA, the following two clauses are relevant pertaining to
safety of the workers at site. These are clause 12.1 and 13.1 that states respectively
that personal injury or death of persons at the site is risk of the Contractor unless it is
caused by the employer’s risks and that the Contractor should insure every personnel.
6.1.2.2 The Public around the working site
There is no specific provision regarding the safety of the public around the working site
under PPA. However, almost all the issues discussed under safety makes the
contractor responsible in general terms.
6.2
Legal regulations of safety of human environment
6.2.1 International Laws
6.2.1.1 Workers at the site
In regard to the safety of the workers at site under international law, the International
Labor Organization, ILO, organization which is more applicable to deal with the rights
and duties of the employer and the government and also plays a major role of mediation
among both parties..
This organization clearly stated in its constitution that a government or a state which is
member of the ILO and which ratifies a convention of the ILO can during enforcement of
it through regulations or laws omit part or all of it in consultation with representatives of
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labor, Employers and concerned authorities. Its only obligation is to report to the
Director General of the ILO about the process of bringing the convention before the
authority with in whose competence lies and its reasoning for failure of acceptance.
The safety and health conditions at work are very different between countries, economic
sectors and social groups. Deaths and injuries take a particularly heavy toll in
developing countries, where a large part of the population is engaged in hazardous
activities.
The ILO Program on Safety and Health at Work and the Environment, Safe Work, aims
to create worldwide awareness of the dimensions and consequences of work-related
accidents, injuries and diseases. Safe Work's goal is to place the health and safety of all
workers on the international agenda; and to stimulate and support practical action at all
levels.
Working Environment Convention 1977 specifically has stated that employees who are
continually assigned in works involving exposure to air pollution, noise or vibration
which are found to be medically inadvisable, have the right to be assigned to another
jobs or maintain their income by social security or other means.
Safety and health in construction convention of 1988 has the following safety
procedures for construction activities enrolling safety hazards:

Safety should be considered during design level which may probably let
someone to change type of material or type of structure in such a way that it will
have safe method of construction.

Workers shall be well informed and trained of safety hazards and their protective
measures.

Workers should be provided with protective equipments including clothing,
drinking water, sanitary, washing and accommodation facilities for free.
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
Every worker has the right to evacuate from its work place if he does have good
reasoning that his life is in a danger and he is entitled to be protected from any
damages as a consequence of doing so. As “good reason” is subjective
provision, it should be interpreted as lack of occupational safety and health
protection measures which have been stipulated by authorized entities or as has
been stated in any applicable laws.

Important safety procedures for critical or high risk activities are mentioned in
detail. The workers in activities to be worked by compressed air, for example,
should have consent of a medical doctor which is not practiced in the
construction industry in Ethiopia. This is not because of unavailability of the
technology, but it is a work culture or unawareness. If a person has a long year
experience in operating compressor or wagon drills, no one questions his fitness
to operate such kind of equipment. Workers are requested medical certificates
only for general health, instead of special examination for different jobs.

Employers have the obligation to remove workers who are damaged or suffering
from diseases to further medication centers after first aid is given at the site.
The ILO procedures set forth are so vital, simple and acceptable standard for the safety
of the workers at the site of construction. Therefore it is at the hand of the contractors to
follow the procedure so that it helps them put aside accidents and their detrimental cost
of recovery.
6.2.1.2 The Public around the working site
With regard to article 4.1 of Working Environment Convention of the ILO, national laws
and regulations should prescribe that measures be taken for the prevention and control
of, and protection against, occupational hazards in the working environment due to air
pollution, noise and vibration.
Therefore this provision is important for the prevention, control and protection of
occupational hazards which may likely occur during the work execution.
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6.2.2 Local Applicable laws
Civil Code and Labor law of Ethiopia are applicable laws that have provisions for safety
and health issues related to occupations and are the most local applicable laws referred
in the country.
6.2.2.1 Workers at the site
To begin with, according to proclamation No. 377/2003 on 26th day of February 2004,
Every Contractor including foreign Contractors as an Employer should do, but not
limited to, the following;

Develop safety procedures including provision of safety protection equipment
and clothing, assign safety officer and instruct workers for proper implementation.

Ensuring that the work places, premises and work process are not source or
cause of physical, chemical, biological, ergonomic and psychological hazards to
the health and safety of the workers and provision of health examination for
those workers who are working at potentially hazardous works.

Reporting accident and occupational disease occurrences to the authorized labor
inspection entity.
In the same manner, article 92(8) of the Labor Law, the contractor should apply safety
procedure in compliance with the latest occupational safety, health & working
environment directive issued by Ministry of Labor and Social Affairs every five years.
The following points are some issues raised regarding safety procedures under the
directives issued in 2003.

Noise according to Article 93-96 of the directive, should be avoided or decreased
using sound barriers, changing type of movable materials to plastic or otherwise
appropriate sound protection device should be used. Such measure should be
taken in order to avoid risk of hearing impairment of the employees and
interference to speech communication for safety purposes.
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
Sensitivity to Vibration according to Article 97-100 of the directive, of the
employees should be examined by the contractor before employments

Dust according to Article 153 and 154 of the directive, should be controlled in
activities such as rock excavation and crushing activities before the effect causes
severe problem to the workers at the site.
According to Art 2548, the contractor should arrange the premises and keep up the
equipment in his undertakings to safe guard the life, physical integrity, health and moral
standing of the employee. In the other way, under Art 2524 and 2525, employees are
required to aware themselves of the safety precautions and abide by the safety
procedures stated under the articles so as not to expose and harm themselves from the
likely construction hazard accidents.
Article 97 of Proclamation No. 377/2003 & Art 2549, 2550 and 2551 of the Civil Code all
state that the Contractor is liable to damage suffered by the employee arising from
activities performed in the interest of the undertakings, notwithstanding activities have
been ordered by the employer, accidents suffered from his work site as well as while
traveling by the company’s car.
Under Art 2552 of the Civil code, the contractor is liable for any disease the employee
contracts from his work by not taking the necessary measure as to aware the employee
of environment to take caution, not avoiding or preventing possible causes of disease at
the area.
An employee is deemed to contract disease termed under occupational nature if the
type of disease is listed under the list of the ministry of Labor and Social affairs.
However, under article 2552 (3) of the Civil Code indicates that an employee may at any
time has ground to claim that he has contracted disease although the disease is not
included in any list.
Furthermore, Art 2556 of the Civil Code an employee suffering from an occupational
accident or disease has the right to get medical, pharmaceutical, hospital and other
expenses which the accident or the disease necessitates.
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The various issues of safety of the workers at the site have thoroughly discussed in the
Civil Code of Ethiopia giving rights and responsibilities of the two parties, Employer and
Employee.
6.2.2.2 The Public around the working site
The two Proclamations, Proclamation No. 300/2002 and Proclamation No. 299/2002 are
the basis of environmental protection under the local low that also protects indirectly the
public around the working site as a result of its strong positions to control environmental
degradation, disturbance and pollutions (air, effluent) which are also effects of accidents
and diseases to the public around the working sites.
In addition, Pertaining to article 2030 of the Civil Code, a contractor can be considered
as committing offense against the morality of the public if he acts or refrains from acting
in a manner or in conditions which offend morality or public order.
Chapter Seven: Construction safety of the Built-environment
7.1. Contractual Regulation of Safety of the Built-environment
7.1.1. Under MDB-FIDIC conditions of contract
7.1.1.1 The work under construction
As stated on clause 1.1.5.4, “permanent works means the permanent works to be
executed by the contractor under the contract” and clause 17.2 “The Contractor shall
take full responsibility for the care of the Works and Goods from the Commencement
Date until the Taking-Over Certificate is issued…..”. After the taking over certificate for
the part or the whole works is issued, the responsibility of the safety of the works will
pass to the employer.
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After responsibility has accordingly passed to the Employer, the Contractor shall take
responsibility for the care of any work which is exceptional on the date stated in a
Taking-Over Certificate, until this exceptional work has been completed.
If any loss or damage happens to the Works, Goods or Contractor’s Documents during
the period when the Contractor is responsible for their care, from any cause not stated
in Sub-Clause 17.3 [Employer’s Risks], the Contractor shall rectify the loss or damage
at the Contractor’s risk and cost, so that the Works, Goods and Contractor’s Documents
conform to the Contract.
The Contractor shall be liable for any loss or damage caused by any actions performed
by the Contractor after a Taking-Over Certificate has been issued. The Contractor shall
also be liable for any loss or damage which occurs after a Taking-Over Certificate has
been issued and which arose from a previous event for which the Contractor was liable.
If the contractor fails to rectify the defects of the work, the employer can rectify the
defects by his own force or by another contractor for the satisfaction of the engineer and
full return cost should be maintained from insurance company according to clause 18.2
(insurance for works and contractor’s equipment) and from performance security
(clause 4.2).
Therefore, the contractor has responsibility to bear the risk on the workers and goods
due to unsafe practice on the working site, even some times after a taking over
certificate has been issued.
7.1.1.2. The neighboring structure
As stated on clause 1.1.5.7, “Temporary works means all temporary works of every kind
(other than Contractor’s Equipment) required on Site for the execution and completion
of the Permanent Works and the remedying of any defects.” Some of temporary works
in building and road construction are; scaffolding work, crane erection, fencing, guards,
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formwork, traffic diversions, temporary drainage works, shoring, temporary soil erosion
control measures and other temporary works necessary for the completion of the
permanent works. The contractor should strictly follow safety procedures which are
stated in clause 4.18.
Temporary drainage works shall be constructing by the Contractor which is necessary
to treat adequately any surface run-off, such as side drains, catch water drains, miter
drains, culverts, etc. Wherever required by the Engineer temporary culverts shall also
be installed on existing drainage channels with sizes and types ordered by him. By the
Engineer approval any suitable metal or precast concrete culverts recovered from an
existing road or discarded bypass may be re-used if in a good condition.
If temporary soil erosion control measures are described in the Contract or required by
the Engineer during the process of the Works, to control soil erosion and water pollution
by use of dykes, silt fences, brush barriers, dams, sediment basins, filter mats, netting,
gravel, mulches, grasses, slope drains, and other erosion control devices or methods
shall also be construct by the Contractor.
The construction of temporary fences, drainage works, and other incidentals shall be
included when the Traffic Diversions provided by the Contractor and considered
necessary order by the Engineer.
In addition to the above, according to clause 4.1, the contractor shall be responsible for
adequacy, stability and safety of all site operation including temporary works and
methods of construction and the contractor is responsible for all Contractor’s
Documents and design of temporary works of each item of Plant and Materials as is
required for the item to be in accordance with the Contract. Therefore, if any damage,
loss or liability arises due to the safety of temporary works, the contractor is liable to
pay.
7.1.1.3. Other relevant structure in the country
According to clause 4.15, “The Contractor shall use reasonable efforts to prevent any
road or bridge from being damaged by the Contractor’s traffic or by the Contractor’s
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Personnel. These efforts shall include the proper use of appropriate vehicles and
routes.” In this regard the contractor should also give priority for the safety of existing
road infrastructure and bridges not to be damaged by the contractor’s traffic.
Therefore the contractor should be kept safety of existing road and bridges by
maintaining the existing road & bridges, constructing diversion for the movement of his
construction equipment and any other measures that will prevent serious damages to
the existing road infrastructure. Otherwise, if the employer incurs damage, loss, or
expenses due to improper uses of the existing road infrastructure by contractor, the
contractor is liable according to clause 4.16(c). “The Contractor shall indemnify and hold
the Employer harmless against and from all damages, losses and expenses (including
legal fees and expenses) resulting from the transport of Goods, and shall negotiate and
pay all claims arising from their transport.”
7.1.2. Under PPA conditions of contract
7.1.2.1 The work under construction
As stated on clause 19.1 of PPA General Conditions of contract, “the contractor shall be
responsible for the safety of all activities on the site.” This clause generally states all
safety issues are contractor’s responsibility but, does not illustrate the safety of built
environment including the safety of works under contract, the safety of temporary works,
the safety of works of other people and the safety of road infrastructure and bridges in
detail.
7.1.2.2. The neighboring structure
Under Clause 1.1 of PPA general conditions of contract, definition of “Temporary
Works” are works designed, constructed, installed, and removed by the Contractor that
are needed for construction or installation of the Works and clause 18.1 PPA General
Conditions of contract states, the Contractor shall submit Specifications and Drawings
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showing the proposed Temporary Works to the Engineer, and after approved by the
engineer, according to clause 18.2 the contractor is responsible for design of the
temporary works and where required, according to clause 18.4, the contractor should
obtain approval of third party for the design of temporary works. Therefore, according to
clause 18.3, the contractor is responsible for any liability arises from the safety of
temporary works even if the design of temporary works is approved by the engineer.
7.1.2.3. Other relevant structure in the country
Even though the safety of the works under normal circumstance is the responsibility of
contractor, according to clause 11.1(b) PPA General conditions of contract, the risk of
damage to the Works to the extent that it is due to a fault of the Employer or in the
Employer’s design, or due to war or radioactive contamination directly affecting the
country where the Works are to be executed, is employer’s risk.
7.2. Legal Regulation of Safety of the Built-environment
7.2.2 Local law
7.2.2.1. The work under construction
From the Starting Date until the Defects Correction Certificate has been issued, the
risks of personal injury, death, and loss of or damage to property (including, without
limitation, the Works, Plant, Materials, and Equipment) which are not Employer’s risks
are Contractor’s risks.
The Ethiopian government issued a legislation called Ethiopian building proclamation
No. 624/2009 which determines the minimum national standard for construction or
modification of buildings or alteration of their use in order to ensure public health and
safety. As per the provision in Art.28 of this proc., the contractor shall be responsible for
any damage he causes to his employer and also responsible for the workmanship of a
building or an element of a building.
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The penalties according to Art.53 of proclamation No.624/2009 is, if a contractor
performs a construction work with poor quality of material or causes damage as a result
of his failure, the contractor is punishable with rigorous imprisonment from five years up
to ten years and a fine from fifty thousand to hundred thousand birr.
Case 1.
Employer – ERA
Contractor – Sur construction PLC
Appealer – Ethiopian Telecommunication
As per the contract, the contractor was under construction of a road in the northern part
of the country. The contractor looked to have assured himself that any obstructions
concerning the site have been cleared by the Employer and started work execution.
During the course of construction, it happens that the contractor badly damaged Tele’s
utility lines (Optical fiber) that connects Amed Ber and Debre Tabor with 3km line. As a
result the appealer brought the subject to court with a claim of 460,132 birr.
The contactor blamed the incident on the Employer and requested him to reply back to
the court as per the civil code art 43 and pay as well the amount claimed. After through
litigation between the employer and the contractor on these fact, the legal section of the
employer strongly argued against the claim by the contractor basing on Article 2031 that
states “He shall be liable where, due regard being had to scientific facts or the accepted
rules of the practice of his profession, he is guilty of imprudence or negligence, …”
Finally, the contractor was made to pay the amount claimed by Telecommunication
Authority and the court was adjourned.
Therefore, we can see that the contractor even though the employer is required to
provide the site free of obstruction, he has the responsibility of checking before
proceeding any type of activities.
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7.2.2.2. The neighboring structure
According to Art.31, the newly constructed building should not damage the safety of
other constructions and properties, utility services, existing foundations and any other
structure. Therefore, during construction process especially in foundation excavation,
the owner of site or the contractor should take adequate precautionary measures to
ensure the safety of people moving around and any property or services and if
necessary shall obtain the prior written authorization of the urban administration.
7.2.2.3. Other relevant structure in the country
The newly constructed road shall not affect the works, utility lines of other people or any
other structure. If damages occurred to the works of other people near the project or to
the public utilities, the contractor is liable according to the applicable law of the country.
Chapter Eight: Construction safety of the Service environment
8.1. Contractual Regulation of Safety of the Service environment
8.1.1. Under MDB-FIDIC conditions of contract.
Public utility lines like water lines, sewerage lines, telecommunication and electric
cables are among the obstruction that should be relocated safely if their existence for
the specific site is not important. These services are mostly interrupted during work
execution by contractors. Whenever a certain site is to be processed by a project, these
facilities should properly access before starting execution of the actual work. MDBFIDIC under clause 2.1 obliges the contractor to give procession of site within the time
stated in the contract document in a similar way MDB-FIDIC clause 4.13 Rights of Way
and facilities states “Unless otherwise specified in the Contract the Employer shall
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provide access to and possession of the Site including special and/or temporary rightsof-way which are necessary for the works.” This clause gives the contractor the right to
possess the site temporarily until the work is completed. However the contractor is liable
for any damage that arises on the utility lines. Therefore the utility lines should be
properly mapped and should be reported to the relevant public authorities for
subsequent relocation again if their use on the spot is not necessary.
The protection of this utilities have been also guaranteed through clause 4.18 MDB
FIDIC that states “the contractor shall take all reasonable steps to protect the
environment both on and off the site…..” this entails that the utility lines are part of the
environment be it underground or above ground and the contractor should take the
necessary precaution not to disturb them. Therefore if these utilities are damaged or lost
due to negligence by the contractor, he will be subject to liability under the relevant
public law.
To avoid unnecessary liabilities related to damage of the utility service lines, especially
if the project site is within the town, the contractor should be able to get a proper plan
showing the utility service lines from the city town planning/administration before
commencing his construction. This will save the contractor from penalties and above all
time loss due to unnecessary claim litigation with the public authorities.
8.1.2. Under PPA conditions of contract
Pertinent to Clause 19 of PPA Condition of Contract, “the contractor shall be
responsible for the safety of all activities on the site.” This clearly implies that the
contractor should keep the safety of all activities on the site. If any utility service line is
cut due to unsafe working operation, the work or the specific activity will be affected. In
other word the public authority can even stop the work due to the fact and the contractor
cannot relieve himself from the liabilities.
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Furthermore, Clause 21 PPA General Condition obliges the employer to give site
possession to the contractor within a certain time frame. Therefore, the contractor
should attain his site free of obstruction or should be notified of the existing
underground service utility lines for his subsequent action.
There for again it should be the duty of both the employer and the contractor to make
the site free from obstruction/service utility lines.
8.2. Legal Regulation of Safety of the Service environment
8.2.1 Local law
Telecommunication and electric power networks are regulated by Proclamation No.
464/2005 according to the local law of the country. This proclamation has a strong
guidelines and procedures to follow in order to keep the safety of the community and
environment. This proclamation under article 3 gives the duty of protection of
telecommunication and electric power networks to federal and regional administrative
body in collaboration with telecommunication service provider and electric power
supplier.
Proclamation No. 49/1996 also regulates the Telecommunication service within the
country. Under its Art 4 of penalty, it states that “Any person who has committed an act
of theft or intentional destruction or obstruction of telecommunication or electric power
…” and passes rigorous imprisonment from 5 to 20 years.
The following points discuss some of the liabilities under Proclamation No. 464/2005.
any person who has committed an act of theft or intentional destruction or obstruction of
telecommunication or electric power networks, which threaten the national security and
economy of the country, shall be punishable with rigorous imprisonment from 5 to 20
years, or
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
If such act is committed negligently the punishment shall be from 6
months to 5 years imprisonment
In the other hand, the Addis Ababa Water and sewerage Authority Re-establishment
proclamation No. 10/1995 is a basic proclamation for AAWSA, Addis Ababa Water and
sewerage Authority .The following activities are also banned to protect the safety of
water and sewer lines.

Relocating water and sewerage lines without the consent of the
authority and constructing construction works.

Building a fence or plant trees within 3m distance from the point on
which water and sewerage lines are located.
Case 2.
Ethiopian Electric Power Authority EELPA
Employer (Private)
Contractor (Private)
Victim or Contractor’s Employee
Date of issue of claim: Feb/2009 G.C
Location: Nifase selk, Lafto Sub-city, Kebele 08, House no. 477
Contractor’s employee at the time of G+2 building construction got struck with electricity
accidentally from the over passing high tension cable and lost his two hands.
The victim brought to court all the parties, EELPA, the Employer and the contractor and
claimed for a total amount of 113,500 birr for his injury, moral and salary compensation
for 9 years time at a rate of 50 birr per day.
The court after hearing witnesses and conducted serious litigation among the parties
passed his final verdict in the following manner.

The utility service line cables of EELPA that overpasses public
areas according to regulation 49/91 of the Ethiopian Electric Light
and Power Authority should have insulating protection that
inhibiting electric transmission.

According to Article 2069 part 1 & 2 of the civil code Dangerous
activities, makes liable Ethiopian Electric light and Power Authority
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for being the cause to expose the victim to high tension electric
transmission lines.
Therefore pursuant to the above clauses, the public Authority EELPA was found guilty
and penalized to pay the above stated claim to the victim.
Chapter Nine: Conclusion and Recommendation
9.1 Conclusion
The safety of our life and environments has been endangered ever since human started
to bring about development by changing his style of living thereby the environment. As a
result of new innovations of industries, building, roads, etc have been contributing to the
danger of human kind and the environment that necessitated the introduction of local
and international laws to regulate this dangerous act. Although, there is no absolute
safety in practical, perhaps the best possibility that the application of these laws can do
is minimizing the chance of occurrence of danger or risks.
Safety of construction sites can be considered as one of the major and a potential
dangerous environment that requires regulation by law since powerful machinery,
hazardous materials, scaffolding and trenches create risks for the construction workers,
other people in and around the constructing areas.
Due to the fact, internationally recognized MDB-FIDIC conditions of contract and our
local PPA, Procurements of works regulate the contractual obligation of construction
projects in the country depending on the type and complexities of the projects. Whereas
with respect to the international and applicable local law, Projects in Ethiopia are being
regulated by ILO, International Labor Organization for safety issues related to labor, the
Civil code of Ethiopia 1960 and Regulations and Proclamations by Negarit Gazeta
respectively.
These laws clearly stipulates the duties, responsibilities and contractual & legal liabilities
of the employer, the contractor and third party in relation to construction caused
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accidents, occupational injury, environmental degradation, hazardous pollution and
health impacts.
Accordingly, the stability & safety of all site operations and of all methods of
construction are the responsibilities of the contractor. This is a clear obligation that lies
on the contractor to keep the safety of all operations by him to insure the safe and well
being of the surrounding environment. In addition, the risks of personal injury, death,
and loss of or damage to property (including, without limitation, the Works, Plant,
Materials, and Equipment) which are not Employer’s risks are Contractor’s risks as well
as he is liable for any damage he causes to his employer and also responsible for the
workmanship of a building or an element of a building.
Although, both the Employer’s and the contractor’s activity are regulated contractually
and legally for the safe operation of the construction environment with reduced accident
and pollution, the contractual liability of the contractor seems to be higher as opposed to
the Employer (Public authority).
9.2 Recommendations
The Group envisages that the following points if taken into account and given due
considerations, would bring about a better environment in the construction industry.

The role of keeping the safety of our natural, human, the built and service
network environment should be addressed to all the parties involved in the
construction in an equitable manner.

To save time and cost due to claims and disputes arising from procession sites
under clause 21 of PPA, the clause should be amended in such a way that the
employer should be liable for any un notified underground obstructions
encountered after site possession by the contractor.

Contractors should ascertain themselves all the safety precautions measures
that should be considered before commencing execution of their work.
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
Safety measure implementation should be incorporated along with their master
schedule and reviewed by consultants regularly.

Technical bid evaluation of new projects should look into the past experience of
the contractors with respect to construction safety and allot higher percentage for
it to award a construction project.
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References
o Civil code of the Empire of Ethiopia, Proclamation No. 165 of 1960, Addis Ababa,
5th may 1960
o Procurement of Works issued by PPA, Public Procurement Agency, Addis
Ababa, Ethiopia, Version 1 January 2006
o FIDIC Conditions of Contract for construction for Building and Engineering works,
MDB harmonized Edition 2006
o The Addis Ababa Water and Sewerage Services Regulation No. 5/1995
(Repealing) Regulations No. 31/2002, Addis Ababa,13th July 2003
o Protection of Telecommunication and Electric Power Networks Proclamation No.
464/2005, Addis Ababa, 30th June 2005
o Proclamation to Provide for The Regulation of Telecommunications
Proclamation No. 49/1996, Addis Ababa, 28th November 1996
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