2022-05-30（253）Engineering law and the ICE Contracts

SAFETY AND SECURITY

19. (1) The Contractor shall throughout the progress of the Works1 have full regard for the safety of all persons entitled to be upon the Site2 and shall keep the Site (so far as the same is under his control) and the Works (so far as the same are not completed or occupied by the employer) in an orderly state appropriate to the avoidance of danger to such persons and shall inter alia in connection with the Works provide and maintain at his own cost all lights guards fencing warning signs3 and watching when and where necessary4 or required by the Engineer or by any competent statutory or other authority5 for the protection of the Works or for the safety and convenience of the public or others.

EMPLOYER’S RESPONSIBILITIES

(2) If under Clause 31 the Employer shall carry out work on the Site with his own workmen he shall in respect of such work:

(a) have full regard to the safety of all persons entitled to be upon the Site; and

(b) keep the Site in an orderly state appropriate to the avoidance of danger to such persons.

If under Clause 31 the Employer shall employ other contractors on the Site he shall require them to have the same regard for safety and avoidance of danger.

1. “THROUGHOUT THE PROGRESS OF THE WORKS”. See p. 65, N. 2.

2. CONTRACTOR TO HAVE REGARD FOR “THE SAFETY OF ALL PERSONS ENTITLED TO BE UPON THE SITE”. The contractor has some duty of care even to persons who are not entitled to be upon the site (p. 93).

It is hoped that the new emphasis on safety will pass from paper into practice.

3. “WARNING SIGNS” is new.

4. “THE CONTRACTOR SHALL…PROVIDE…ALL LIGHTS…FENCING…WHERE NECESSARY”Z. For a decided case relevant to this duty, see p. 93.

5. “OR REQUIRED…BY ANY…STATUTORY OR OTHER AUTHORITY”, ETC. The Highways Act, 1959, Sec. 144, authorises a local authority by notice to the owner or occupier of land beside a road or passage to order enclosure, etc., to prevent danger from works on the land. For public nuisance generally see pp. 420–1.

By Sec. 8 (1) of the Public Utilities Street Works Act, 1950, undertakers executing work regulated by the Act are bound to secure that the street is adequately fenced and guarded, and lighted in such manner as to give proper warning to the public during the hours of darkness, so long as the street is open or broken up. l′

6. LIABILITY FOR DAMAGE, ETC., DUE TO WORK ON THE SITE BY THE EMPLOYER OR HIS OTHER CONTRACTORS. Liability and insurance are the subject of ch. 4.

The extreme importance of checking and if necessary regularising insurance before the employer makes any use of the site is noted on p. 98, and the danger of disruption claims by the contractor if others are working on the site for the employer is discussed on p. 371.