Safety Review Report Of On-Going ODA Loan Project in Kenya · 2016. 4. 28. · 29 Thu Seminar (at Jaipur) 14:00 Venue: Radisson Blu Jaipur Jaipur 30 Fri From Jaipur at 7:50 ⇒ Arrive

E I

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Safety Review Report

Of On-Going ODA Loan Project

in Kenya

February 2016

February 2016

Safety R

eview R

epo

rt Of O

n-G

oin

g O

DA

Lo

an P

roject in

Ken

ya

Japan International Cooperation Agency（JICA）LANDTEC JAPAN INC.

Infrastructure Development Institute-JAPAN

Safety Review Report

Of On-Going ODA Loan Project

in Kenya

February 2016

February 2016

Safety R

eview R

epo

rt Of O

n-G

oin

g O

DA

Lo

an P

roject in

Ken

ya

Japan International Cooperation Agency（JICA）LANDTEC JAPAN INC.

Infrastructure Development Institute-JAPAN

TABLE OF CONTENTS

Chapter 1 Outline of Study

1.1 Background and Objective 1-1

1.2 Study Team 1-1

1.3 Study Schedule 1-2

1.4 Interviewees (Kenya only) 1-3

Chapter 2 Current Situation of Construction Safety in Kenya

2.1 Kenya Construction Industry - Outline 2-1

2.2 Legal system relating to occupational safety and health 2-4

2.3 Administration relating to labor safety and health 2-8

2.4 Qualification system relating to labor safety and health 2-14

2.5 Safety standards guidelines and manuals 2-18

2.6 Workmen’s compensation and insurance 2-21

Chapter 3 Field Study – Mombasa Port Development Project

3.1 Project Outline 3-1

3.2 Project Organization 3-6

3.3 Operation and Management Procedure 3-8

3.4 Site Visit 3-16

Chapter 4 Analysis of Accidents

4.1 Outline of Accidents 4-1

4.2 Procedure of Analysis of Accidents 4-3

4.3 Investigation and Sorting-Out of Facts 4-8

4.4 Root Cause Analysis - Individual Accident Analysis 4-11

Chapter 5 Safety Seminar

5.1 Seminar Outline 5-1

5.2 Presentation by the Study Team 5-2

5.3 Summary of Questions and Answers 5-4

5.4 Seminar Scene (in Mombasa) 5-6

Chapter 6 Recommendations

6.1 Characteristics of Construction Works in Overseas Projects 6-1

6.2 Lessons and Recommendations 6-1

Appendices

Appendix-1 Questionnaires

Appendix-2 Organization Charts

Appendix-3 Seminar Materials

1-1

Chapter 1 Outline of Study

1.1 Background and Objective

(1) Background

This review was initiated based on the recommendation made by the committee deployed by Ministry of

Foreign Affairs, Japan, in order to discuss the measures to prevent recurrence of the similar accident to that of

Can Tho Bridge in Vietnam in September 2007. In July 2008, the committee recommended JICA to carry out

an interim review of Special ODA Loan projects or Special Term for Economic Partnership (STEP) projects

which include large scale and technically complex civil works. Eleven projects were reviewed up to 2014,

which are located in Indonesia, Vietnam, Turkey, Uzbekistan, Philippine, Malaysia and Sri Lanka.

The review in 2015 is to be done for the two STEP projects under construction in India and Kenya. For those

projects, accident (including near miss) analysis is to be done from various angles including not only

engineering/technical aspects but also soft aspects such as safety control and occupational health. Furthermore,

the effects of the accident preventive measures implemented on site will be verified, issues/concerns to be

tackled to ensure prevention of future accidents will be confirmed, and finally, effective/efficient safety

measures and/or improvements will be recommended. Those achievements will be fed back to the

stakeholders to promote further efforts to prevent/mitigate occupational accidents and third party accidents to

contribute to prevention of construction accident in Japanese ODA projects.

(2) Objective

The following tasks will be implemented to the on-going STEP project:

To collect the latest information on the laws, standards, etc. of the recipient countries safety control in

Yen-loan projects and occupational safety and health.

To conduct accident analysis on the accidents occurred in the projects from various angles, and to

confirm the status of implementation of safety control and compliance including verification of effects of

accident preventive measures taken.

To work out proposals for improvements, and to feed back the study results to the stakeholders to

promote further efforts to prevent/mitigate occupational accidents and third party accidents to contribute

to prevention of construction accident.

To derive recommendations and lessons toward resolution of problems/issues which are common in other

similar projects to contribute to prevention of construction accident in Japanese ODA projects.

Projects to be reviewed

Dedicated Freight Corridor Project (Phase 1) (II) in India Mombasa Port Development Project in Kenya

1.2 Study Team

Team Leader / Safety Management1: Toshio TAKEBAYASHI (Landtec Japan Inc.)

Safety Management 2: Fujio ITO (Infrastructure Development Institute)

Accident Cause Analysis / Preventive Measures: Toshiaki SHISHIDO (Landtec Japan Inc.)

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1.3 Study Schedule

Table1.3.1 Field Study Schedule

M Accomodation Country

10 3 Sat night flight

4 Sun Nairobi

5 Mon ■JICA Kenya Office (10:15)

■Ministry of Labour (Division of Occupational Health & Safety) (14:40)

6 Tue ■National Construction Authority (11:40) Nairobi

7 Wed Mombasa

■Kenya Port Authority (10:35)

■JPC (14:00)

9 Fri ■Toyo (9:15) ★Site Office, Site Visit Mombasa

10 Sat Sort out information, Prepare seminar materials Mombasa

11 Sun Sort out information, Prepare seminar materials Mombasa

12 Mon ★Site Office, Site Visit Mombasa

13 Tue ■Prepare for seminar Mombasa

14 Wed ■Seminar at Mombasa Venue: KPA 10:00 Mombasa

15 Thu ◇Depart from Mombasa at 10:10 ⇒ Arrive at Nairobi at 11:10

■JICA Kenya Office 14:30

◇Depart from Nairobi 19:15

16 Fri ◇ Arrive at Dubai at 01:20　◇Depart from Dubai at 04:35　◇Arrive at Delhi at 09:25

■JICA India Office 13:30 ■DMRC 15:00

17 Sat ■Delhi Metro Site Office 9:30 ■L&T meeting at 14:25 ■Sojitz meeting at 15:20 Delhi

18 Sun Sort out information, Prepare for interviews Delhi

19 Mon ■Consultant Delhi Office 10:00

■Dedicated Freight Corridor Corporation India Ltd. (DFCC) 13:00 ■Ministry of Railways 16:30

20 Tue ■Ministry of Labour and Employment DGFASLI 10:20

◇From Delhi 19:55 ⇒ To Jaipur (by flight) 20:50

21 Wed ■Jaipur Office (DFCC) 10:05

■Jaipur Offices (Consultant) 12:10

■Jaipur Offices (Contractor) 15:10

22 Thu Sort out information, Prepare seminar materials Jaipur

23 Fri ★Site Visit Package A, Bhagega Site Jaipur

24 Sat Sort out information, Prepare seminar materials Jaipur

25 Sun Sort out information, Prepare seminar materials ★Site Visit Package C Jaipur

26 Mon ◇From Jaipur ⇒ To Ajumer (by car) Ajmer

■Ajmer Offices (DFCC) 10:50

◇ From Ajmer ⇒ To Jaipur (by car)

28 Wed ■Prepare for seminar Jaipur

29 Thu ■Seminar (at Jaipur) 14:00 Venue: Radisson Blu Jaipur Jaipur

30 Fri ◇From Jaipur at 7:50 ⇒ Arrive at Delhi at 8:50 (by air)

■Seminar (at Delhi) 12:00 ■JICA India Office 15:30

◇Depart from Delhi at 20:20

31 Sat ◇Arrive at Narita at 07:10 -

27 Tue Jaipur

D

◇Arrive at Dubai at 04:15　◇Depart from Dubai at 06:00　◇Arrive at Nairobi at 10:15

◇Depart from Narita at 22:00

◇Depart from Nairobi at 13:05 ⇒ Arrive at Mombasa at 14:05

8 Thu Mombasa

Jaipur

night flight

Delhi

India

Delhi

Jaipur

Kenya

Nairobi

night flight

Schedule

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1.4 Interviewees (Kenya only)

Table1.4.1 List of Interviewees

Organization Name Position

During preparation in Japan

<Project-related>

Toyo Construction Co., Ltd. Ryuichi Makamoto Deputy Manager, Section 1 Business

Dept. International Div.

Japan Port Consultants, Ltd. Koichiro Harada Director, Overseas Operations Division

During Field Survey

<Project-related>

Kenya Ports Authority Eng. D.O. Amadi Head of Projects Development &

Management

Mr. Dochi Hassan Occupational Safety Officer

Mr. Lucas Katena Principal Safety Officer

Mr. John Nyamosi Head of Management Accountant

Mr. William Tenay Senior Project Engineer

Ms. Grace Odhach Assistant Accountant

Ms. Caroline Mbote Senior Project Accountant &

Administration Officer

Toyo Construction Co., Ltd. Hitoshi Yamaya Project Manager

Masato Kaneko Deputy Project Manager

Haruo Yoshida Deputy Project Manager

Yasunori Nigo Administrative Manager

Yoichi Yoshino Civil Works Manager

Yoshihisa Hatano Building Construction Manager

Hiroshi Izawa Contract Engineer

Hiroshi Miyamoto M&E Engineer

Japan Port Consultants, Ltd. Takeshi Miyagawa Project Manager, Mombasa Port

Development Project Office

Emiho Sasaki General Manager, Overseas

Administration Department

BAC Engineering & Architecture LTD Eng. Godfrey Okumu Executive Director

Mr. Michael O. Okumu Environmental Expert

<General>

JICA Kenya Office

Keiko Sano Chief Representative

Koji Noda Senior Representative

Kenji Yokota Representative

Masakazu Fukuwaka Regional Project Formulation Advisor

Senior Technical Advisor

Dr. Steve N. MOGERE Infrastructure and Evaluation Advisor

Ministry of Labour, Social Security &

Services

Mr. Onesmus T. Ndegwa Deputy Director, DOSHS

Mr. Samuel Thvita Deputy Director, DOSHS

National Construction Authority Eng. Stephan N Nyakondo Senior Research Officer

Mr. Achini Registration Officer

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Chapter 2 Current Situation of Construction Safety in Kenya

2.1 Kenya Construction Industry - Outline

(1) Economic overview

With a land area 1.5 times larger than Japan’s and a population of about 44 million, Kenya is located a

strategic geographic position in East Africa as its key gateway for maritime and air trade. With a real GNI

per capita of US$1,016 (World Bank, 2013), the highest among the East African Cooperation (EAC)1

countries, Kenya occupies a leading role in the region.

In June 2008, the government announced Kenya Vision 2030, a long-term strategic development plan for

horizon 2030 and that, under this plan, the country will:

1) Achieve an average annual economic growth rate of 10% or more by 2030;

2) Build up an equitable society and clean and safe environment; and

3) Sustain a democratic political system;

The plan targets to make Kenya a middle-income country (with a per-capita GNI of US$1,916 or more) by

2030. In particular, in the development of infrastructure, the plan set up high targets in all kinds of fields

including power generation, seaports, airports, roads, railways, and oil pipelines. According to the World

Bank, however, the source of funds for these infrastructure development plans remains uncertain, because

they are estimated to require 320 billion Kenyan shillings every year, and they have found money for less

than half.

(2) Fields in which the Kenyan government wishes foreign investment

The website of Kenyan Embassy in Tokyo provides the following information as fields in which the Kenyan

government wishes foreign investment:

・Agricultural production

Major fields for improvement include irrigation, quality control of agricultural products, efficient

use of seeds and pesticides, and agricultural technologies.

・Infrastructure and public services

Development of water works, hygiene, power generation, projects for road, bridges, etc. including

communication networks.

・Housing

A nationwide, comprehensive housing reform plan plans to construct 150,000 houses every year

and expects further private investment.

・Telecommunications and other knowledge-intensive industries

To develop environment for a network of self-reliant talents to keep abreast of the progress of the

age, investment in this field is necessary.

・Prospection of natural, oil, and mineral resources

Important factors for the development of the country.

1 EAC: The regional intergovernmental organization of Kenya, Tanzania, Uganda, Rwanda, and Burundi.

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Construction is one of the booming segments. There is demand for foreign know-how, expertise and

technologies, and funds. Projects recently attracting the attention of the Kenyan government include:

Construction and repair of roads, development of railways connecting to South Sudan, repair of airports,

development of a second ports in Lamu, construction of oil pipelines between Kenya and Uganda, and

construction of solar and wind power generation plants.

(3) Yen-loan projects to Kenya from the Japanese government

Kenya is the largest recipient in Sub-Saharan Africa of Japanese ODA amounting to a total of more than 300

billion yen. The following is the overview of the largest (10 billion yen or more) of the projects which are

currently under way or which, having completed the exchange of note, are awaiting the kickoff:

(i) Olkaria-Lessos-Kisumu Transmission Lines Project

Loan amount: 12.410 billion yen; General Untied. Date of Loan Agreement: December, 2010

[Purpose and description]

Kenya suffers a serious lack of electric power and relies on unstable hydroelectric power generation for

a large part of its power needs. It is urgent to develop and expand electric power supply facilities. In

this assistance project, Japan constructs power lines connecting Olkaria, Rift Valley Province, where

geothermal power plants are in operation, and Kisumu, Nyanza Province, and expands transformer

substation networks, thereby achieving stable electric power supply to Western Kenya that is expected

to face tight power supply demand in the years to come. The power lines to be newly constructed,

which will send power at higher voltages than before, are expected to help reduce power transmission

loss and promote the use of clean energy.

(ii) Mwea Area Irrigation Development Project

Loan amount: 13.178 billion yen; General Untied.

Date of Loan Agreement: August, 2010


Mwea irrigation project area, Central Province, accounts for more than 50 % of rice production in

Kenya. Japan develops irrigation facilities to stably supply water necessary to agriculture, while

enhancing the management and maintenance abilities of key facilities. The project is expected to allow

double-crop farming of rice and garden products and aims to increase crop acreage from 7,860 to

16,920 ha, and improve the productivity of rice farming, thereby helping farmers in the area to improve

their living and the country to improve its food security.

(iii) Mombasa Port Area Road Development Project

Loan amount: 27.691 billion yen; General Untied. Date of Loan Agreement: June, 2012


The project consists in constructing, around Mombasa port, the largest logistic hub of East Africa, road

connecting the new container terminal and the northern corridor as well as roads leading to the south

coast of the Mombasa Bay and thus improve the physical distribution of goods and help the economic

and social development not only of Kenya but also of the whole East African region including

neighboring countries.

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・ Mombasa Southern Bypass: 19. 8 km

Miritini: Connection to A109; Kibundani: connection to A14

・ Kipevu Link Road: 5.7 km

New Container Terminal: Mwache: Connection to the above roads

(iv) Mombasa Port Development Project Phase 2

Loan amount: 32.116 billion yen; STEP Date of Loan Agreement: March, 2015


To meet increase in goods handled by Mombasa port, the largest physical distribution hub in East

Africa, the project aims to further extend the container terminal currently under construction and

improve its handling machines. In 2016, demand for handling (1.32 million TEU) is expected to exceed

the port's capacity (1.3 million TEU), even taking into account the additional handling capacity of the

new terminal currently under construction (about 0.58 million TEU). The project aims to enhance the

container handling capacity of the port to meet future increase in container demand.

(4) Japan’s ODA Policy to Kenya

The following is the summary of the tasks identified by the Japanese government in its country-specific

assistance policy (project deployment plan) in the field of economic infrastructure and electric access

infrastructure:

(i) Development tasks in the fields of economic infrastructure and electric access infrastructure

In Nairobi, Kenya’s capital, population increase and segmentation of ring roads have caused serious traffic

congestion, traffic accidents, and automobile pollution. As urban planning started in the 1970s lose

substance, it is becoming more and more urgent for the government to develop an appropriate urban

planning and improve, maintain, and manage urban roads to address issues of population increase and

urbanization in recent years. Further, major highways in Kenya are in very poor conditions in about half of

the total length due to lack of appropriate maintenance. In addition, increase in the cost and time of

transportation due to the lack of handling capacity of Mombasa port is seriously hampering the economic

development of East African countries.

Kenya’s demand for electric power has sharply increased in recent years, the peak demand largely

exceeding the current power generation capacity. How to develop new sources of power generation is an

urgent issue. To address the tight balance of electric power demand and supply, it is urgent to get out of the

existing power generation system mainly relying on hydroelectric power generation, construct new power

plants, and enhance power lines.

(ii) How to achieve tasks in the two fields

In the field of economic infrastructure, we will help develop infrastructures in Nairobi, the capital, and

improve infrastructures from even wider perspective in such a way to help develop networks of physical

distribution with neighboring inland countries keeping in mind the importance of Kenya as physical

distribution hub in African region and the wide-area infrastructure assistance policy Japan expressed by

Japan in TICAD IV. Further, we will help develop not only social infrastructure, but another aspect of

infrastructure as well, such as smoother customs clearance and improved maintenance and management of

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infrastructure.

In the field of electric access, we have played a central role in the electric sector in Kenya: In addition to

four power generation projects including Olkaria I No. 4 and No.5 geothermal power plants, we granted a

yen loan to an Olkaria-Lessos-Kisumu power line project in 2010. In the future, we will ensure the

supervision of existing projects, continue assisting the Kenyan power sector, while considering the

development of international power lines that will help the interexchange of electricity with neighboring

countries and improving electricity power access.

2.2 Legal system relating to occupational safety and health

This section summarizes the result of a survey conducted by Japan Construction Occupational Safety and

Health Association (JCOSHA) published in May 2015 under the title of “Safety and health management in

the construction industry overseas” published, a survey conducted by JICA published in February 2012

under the title of “Research survey on safety management in construction works in ODA projects,” and

information collected during our field survey.

(1) Overview

The concept of safety and health at workplace was introduced into Kenya, possibly under the influence of

UK, fairly early in 1951. With recent cooperation of ILO, SHM-related legislation has been developed

earlier than other developing countries. The Factories, etc. Labor Law, the SHM law implemented on the

occasion, aimed at increasing the health, safety, welfare of employees at workplace in factories, etc. Later,

based on the provisions of this basic act, guidelines on occupational safety and health, various laws and

regulations were established, and standards and guidelines on occupational safety and health at factories and

other workplaces were gradually developed.

(2) Guidelines on occupational safety and health management

In Kenya, Ministry of Labour (the predecessor of Ministry of Labour, Social Security and Services)

established and published The National Occupational Safety and Health Policy in 2012. The policy serves

as a de facto guideline for the development of a framework of occupational safety and health management

administration, development of related legislation, development of concrete measures for the improvement

of working environment.

i) Main Objective

The main objective of this policy is to establish national occupational safety and health systems

and programs geared towards the improvement of the work environment. The Policy seeks to reduce

the number of work-related accidents and diseases, and equitably provide compensation and

rehabilitation to those injured at work or who contract occupational diseases.

ii) Specific Objectives The specific objectives of this policy are:

a) To guide the development of laws, regulations and any other instruments on occupational safety

and health.

b) To recommend establishment and strengthening of responsible and accountable institutions for

management of occupational safety and health.

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c) To recommend an enforcement and compliance mechanisms for occupational safety and health

laws and regulations.

d) To create mechanisms for cooperation between employers, workers and their representatives at

workplaces in the promotion of occupational safety and health.

e) To strengthen capacities of state and non-state actors in occupational safety and health

f) To create a resource mobilization mechanism for the implementation of this Policy

g) To initiate programs to disseminate occupational safety and health information and advisory

services.

h) To put in place programs for publicity and awareness creation on occupational safety and health

issues.

i) To strengthen research capacity in Occupational Safety and Health.

j) To develop a comprehensive information system for collection, analysis, storage, retrieval and

dissemination of data on work-related accidents, diseases and work injury Compensation.

k) To initiate support programs for continued improvement of occupational safety and health

practices and conditions in Micro and Small Enterprises and the informal sector of the economy.

l) To establish programs for collaboration with relevant insurance or social security schemes in

compensation for work related injuries and diseases, and rehabilitation of injured workers.

m) To mainstream occupational safety and health in learning institutions and communities.

n) To institutionalize social dialogue and partnership on occupational safety and health.

o) To mainstream occupational safety and health in all sectoral and cross sectoral development

issues.

Figure 2.2.1 The cover page and table of contents of the National Occupational Safety and Health Policy

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(3) Laws and regulations related to occupational safety and health management

In 2007, many laws related to occupational safety and health management were implemented or updated,

including the Labor Institution Act, State Social Security Fund Act, Industrial Lawsuit Act, Industrial

Training Act, Employment Act, labour-related acts, Labor Accident act, and Labour Disaster Insurance Act.

Acts implemented in 2007 include Occupational Safety and Health Act, 2007, part of which was updated in

2012. The Act basically prescribes the implementation of the Occupational Safety and Health Act, the

authority of occupational safety and health inspector at work, the registration of workshops, general

provisions on health, general provisions on machines and chemical substances, and general provisions on

wages. Further, the Work and Injury Benefit Act, 2007, prescribes response of the owner and contractor,

compensation, and duty to notify upon work-related accidents, etc.

(i) Overview of Occupational Safety and Health Act, 2007

・ Responsibility of the owner, employer, worker, and designer at work; Implementation and

management of laws and regulations; Registration of workplace.

・ Hygiene and safety of workplace; General and special welfare regulations;

・ Permits and regulations for machine operation; handling of dangerous chemical substances;

・ Penalty, punishment, etc. for the violation of the Act;

(ii) The Work Injury Benefit Act, 2007

・Responsibility of employer;

・Victim’s Right to benefit;

・Duty to notify work-related accidents;

・Overview of benefits on the occurrence of work-related accidents;

・Overview and definitions of occupational illness and diseases;

・Health benefits, etc.

Table 2.2.1 Kenyan laws and regulations on occupational safety and health

Acts RemarksOccupational Safety and Health Act, 2007 revised in 2012

Work Injury Benefit Act, 2007 revised in 2012

Labor Institutions Act, 2007 revised in 2013

National Social Security Fund Act, 2007 revised in 2013

Industrial Training Act, 1983 revised in 2012

Industrial Court Act, 2007 revised in 2014

Labor Relations Act, 2007 revised in 2012

RulesFor Factory & Other Places of Work Rules

Safety and Health Committees Rules, 2004

Medical Examination Rules, 2005

Fire Risk Reduction Rules, 2007

Noise Prevention and Control Rules, 2005

Hazardous Substances Rules, 2007

For Factory RulesDocks Rules, 1962

Cellulose Solution Rules, 1964

Eye Protection Rules, 1978

Electric Power Special Rules, 1979

Building Operations and Works of Engineering Construction Rules, 1984

First Aid Rules, 1977

Woodworking Machinery Rules, 1959

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(4) Boundary of responsibility between the primary contractor and subcontractors; Legal responsibility of

the primary contractor

Regulations on buildings and construction works do not expressly define the boundary of responsibility

between the primary contractor and subcontractors. However, the responsibility of the primary contractor is

defined as follows:

・ Direct parties concerned on the site so that people work in a safe and healthy environment;

・ Execute construction work in cooperation with Construction Design and Management

Coordinator (CDM);

・ Provide the site with prescribed welfare and health facilities;

・ If deemed necessary for safety and health on the site, prescribe appropriate regulations and

activities as site regulations;

・ Ensure good coordination between subcontractors on the site regarding work schedule

management, sufficient exchange and provision of information, etc.;

・ Prohibit third parties from entering the site;

(5) Laws and regulations on construction machines and equipment

As to standards on construction machines, there is no provision prescribing the quality of machines, but all

machines on the site are legally required to be given proper safeguard and maintenance. At factories, too, it

is legally required for machines and tools to normally operate for a certain period of time and be given good

maintenance.

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2.3 Administration relating to labor safety and health

(1) Administrative system for occupational safety and health management

As a result of the reorganization of governmental offices in May 2013 in Kenya, the Ministry of Labour

Public Services and Human Resource Development and the Ministry of Gender, Children and Social

Development merged into Ministry of Labour, Social Security and Services. The national administration of

occupational safety and health management is ensured by the Directorate of Occupational Safety & Health

Services (DOSHS), an office of the MLSSS that improves and develops related laws and regulations and

various policies and measures.

In the administration of occupational safety and health management, the support of the International Labour

Organization (ILO) has played an influential role, but, in the development and implementation of

OSHM-related legislation, UK, the suzerain state, has historically exerted strong influence.

In a recent few years, the government has worked energetically in the field of OSHM administration to open

various institutions to conduct related studies, raise awareness and develop skills among people, etc. under

relevant laws and regulations successively implemented (or amended) in 2007.

Figure 2.3.1 OSHM-related institutions under the Kenyan government

(2) Ministry of Labour, Social Security and Services

i) Organization

The Ministry of Labour, Social Security and Services is comprised of nine departments and offices, i.e.

Department of Labour, Office of Registrar of Trade Unions, Department of Children Services,

Department of Social Development, Social Protection Secretariat, Directorate of Occupational Safety and

Health Services (DOSHS), National Employment Bureau (NEB), Productivity Center of Kenya (PCK),

National Human Resource Planning and Development (NHRPD); and three autonomous associations, i.e. ,

National Industrial Training Authority, National Council for Persons with Disability, National Council for

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Children Services; and Social Security Funds.

ii) Role of DOSHS

The DOSHS is comprised of eight sections each ensuring, respectively, occupational health, occupational

safety, occupational safety and health research institute, onsite activities, work-related accidents,

information and training, medical care, and health care. Pursuant to the passage of the Decentralization

Act in May 2013, many authorities were delegated to 47 county governments, but the DOSH still

supervises the occupational safety and health management of 29 counties by dispatching there its own

OSH supervisors.

The primary roles of the DOSHS include:

・ Onsite inspection of workplace and workshops to ensure implementation and management of the

OSH Act;

・ Onsite inspection of workplace to find causes or prevent occurrence of work-related accidents and

diseases;

・ Measurement of wastes and pollutants from workplace; guidance for prevention, response, and

management of these materials;

・ Medical examination of workers; guidance for health management workers;

・ Education on and guidance for occupational safety and health;

・ Provision of OSH information to the employer, employees, and third parties concerned;

・ Approval of design of buildings to be used as workplace;

・ Implementation and management of the Work Injury Benefit Act, including procedures for payment

of benefits to victims of work-related accidents;

・ Prosecution of violators of the OSH Act;

(3) National Construction Authority (NCA)

With the approval on December 2, 2011 and coming into effect on June 8, 2012 of The National

Construction Authority Act, the Board of the National Construction Authority started on July 4, 2012. The

purpose of the NCA is to oversee the construction industry and coordinate various participants in the

industry for its development.

The main functions of NCA are as follows.

・To promote and stimulate the development, improvement and expansion of the construction industry;

・To advise and make recommendations to the Minister on matters affecting or connected with the

construction industry;

・To undertake or commission research into any matter relating to the construction industry;

・To prescribe the qualifications or other attributes required for registration as a contractor under this

Act;

・To assist in the exportation of construction services connected to the construction industry;

・To provide consultancy and advisory services with respect to the construction industry;

・To promote and ensure quality assurance in the construction industry;

・To encourage the standardization and improvement of construction techniques and materials;

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・To initiate and maintain a construction industry information system;

・To provide, promote, review and co-ordinate training programs organized by public and private

accredited training centers for skilled construction workers and construction site supervisors;

・To accredit and register contractors and regulate their professional undertakings;

・To accredit and certify skilled construction workers and construction site supervisors;

・To develop and publish a code of conduct for the construction industry; and

・To do all other things that may be necessary for the better carrying out of its functions under the Act.

The largest difference of the NCA from the DOSHS under the MLSSS is that the NCA prescribes

qualifications necessary for the registration of constructors, certifies experienced construction workers

and site foremen, and registers buildings and civil engineering projects prior to commencement of

construction works.

(4) Supervising and certifying bodies

The MLSSS also ensures supervision and certification in the field of OSHM. The ministry holds 29 county

offices over 47 counties and its more than 80 OSH inspectors each conduct onsite inspection in their

territories (mainly to check whether laws and regulations are complied with). If they find problems with the

management or maintenance of safe working environment, the inspectors have authority to order the

suspension of work till proper measure is taken, discuss with or propose specific measures to the owner or

the contractor to improve working environment.

i) Inspection of construction sites by OSH inspectors

All construction sites in Kenya are legally required to register themselves. Further, to follow up its

supervision and monitoring of sites, DOSHS keeps all records of sites it visited and supervised. Onsite

inspection is conducted by OSH inspectors prescribed by OSH Act to make sure that provisions on

occupational health, safety, hygiene, and welfare are duly implemented and complied with and give

guidance as necessary. To conduct onsite inspection, the inspectors are delegated the following

authorities:

・Take pictures and videos on the site;

・Take samples on the site;

・Conduct interview surveys among people at workplace;

・Inspectors with medical license may conduct medical examination of workers;

・Accompany police inspectors if necessary;

ii) Response to remarks given on inspection (reports on measures taken, degrees of penalties and

punishment)

Problems found on inspection are responded to as follows:

a) Instructions for improvement → Instructions for improvement within a prescribed period of time →

Improvement checked on a following visit;

b) If not improved within the prescribed period of time, the OSH inspector may order closure of the site,

ban the use of the workshop or prosecutes the violator as necessary (Article 4-37, the OSHM Act);

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(5) Accident notification system

Whenever a work-related accident has occurred, the site must directly notify the relevant section of the

MLSSS. This is prescribed not only by provisions on duty to notify in the OSH Act and the Injury Benefit

Act implemented in 2007, but also by a guideline on accident notification prescribed by the MLSSS. The

notice must be given within 24 hours in case of a fatal accident and within seven days in case of a major

accident.

The MLSSS annually collects the statistics of work-related and other accidents, but not to the extent they

can be used as a database, without detailed classification by industry, for example. In most cases the data

remain simple notices and record of random accidents, without allowing analyzing causes and finding

countermeasures. The accident notice format is already established.

The Ministry of Public Works in Kenya has no accident notification systems or accident statistics. They say

that records are archived for major accidents, but not for minor ones.

(Source: JICA, Research survey on safety management in construction works in ODA projects, February

2012)

(i) Whether or when to notify

・When an accident has occurred at workplace;

・When an occupational disease has occurred at workplace;

・When the workplace faces a danger;

(ii) By when to notify

・ In case of a fatal or other major accident, notify the DOSHS within 24 hours in writing or speech

and thereafter within 7 days in three copies of the prescribed format (Table 2.3.1)

・ In case of other accidents, notify the DOSHS within 7 days in three copies of the prescribed

format (Table 2.3.1);

・ When a doctor diagnosed an occupational disease, notify the DOSHS within 7 days in a

prescribed format;

(iii) Whom to notify

・Fill in three copies of the notice format (Table 2.3.1) and send one to the DOSHS and two to the

county OSH inspector;

・If the case may involve a crime, notice must be given also to the police;

(iv) Who is responsible for notification

・In case of an accident or a dangerous situation, the owner of the workplace or employer gives the

notice in the format in Table 2.3.1; In case of an occupational disease, the doctor gives the notice

in the prescribed format. The information to be provided is the name, sex, age, post, years of

service, and address of the victim; date and place of accident; nature of work, type of accident,

cause of accident, injured part, etc.;

Shown below in Table 2.3.1 is the notice format.

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Table 2.3.1 Notice of Occupational Accident Format (To be filled in by the employer)

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2.4 Qualifications system relating to labor safety and health

(1) General status of educational, training, and qualification activities

Besides MLSSS, the government agencies governing education and training include the Ministry of Higher

Education, but the latter is an organization of advanced research on education in a variety of fields and, as

such, is primarily engaged in activities to, according to a policy agenda, enhance coordination with

universities and colleges, seek equal and fair educational opportunities, reduce disparities in related matters,

extend educational opportunities nationwide, check consistency between market strategies and educational

curriculums, monitor against educational inequalities between the sexes, etc. The agency that is primarily in

charge of educational activities on OSHS in the construction industry is the MLSSS.

The MLSSS has developed a variety of training courses to develop OSHM skills for attendees mainly from

among employers and workers in the private sectors. Training activities have been already in place.

i) Presence of OSHM experts (private sector consultants, etc.)

There are people called Occupational Safety and Health Services Advisors, a qualification given by the

MLSSS (54 holders as of November 2011; more than 80 as of October 2015, the time this field study was

conducted), who work as a kind of consultant and agent of the MLSSS by checking how safety is managed

on the site and delver reports to the MLSSS (the difference being that, while the OSHM officers of the

MLSSS attach more importance to legal compliance, the Services Advisors focus on helping employers

develop safer working environment). However, other government agencies who order construction works,

such as the Ministry of Transport and Infrastructure, have not yet developed such OSHM experts from

private sectors. They think that, in the construction industry as a whole, they have not yet fully developed

these human resources.

ii) Outsourcing safety audit and guidance

Besides the inspectors at the local offices of the MLSSS, OSH Services Advisors mentioned in i) above

sometimes play an important role in the management of OSH on the site. The subcontractor for OSHM

activities individually contacts an OSH Services Advisor, who ensures OSHM of the site under the

agreement for the subcontractor. This system is widely used in foreign assistance projects and Kenyan local

projects under the OSH Act implemented in 2007. The frequency of onsite inspection by OSH Services

Advisor [複数] legally required is only once a year, but significantly varies in practice depending on the

needs of the site, judgment of the subcontractors and Advisors think, etc.

Upon reports from local offices, the MLSSS visits the site, discusses with the employer, etc. gives guidance

to improve the situation, and checks whether the subcontractor complies with relevant laws and regulations.

(2) Setting up a safety committee on each site

In 2004, the Kenyan government issued “Legal Notice No.31, The Factories and Other Places of Work

(Safety and Health Committees) Act” requiring operating bodies who own Factories and Other Places of

work employing 20 or more workers to set up Safety and Health Committees. The committee aims to

enhance the workforce’s ability to manage itself and encourage workers to participate in OSHM in the

form of the tripartite committee where workers and the management each have the equal say.

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On each site, the number of safety officers to be assigned to the site is determined according to the number

of workers engaged in various categories of work.

For example, if the number of workers is:

20 to100 : Three or more representatives each from of the management and the workers:

100 to1000 : Five or more representatives each from the management and the workers:

1000 or more : Seven or more representatives each from of the management and the workers:

Shown below is the part concerned of the above government notice.

LEGAL NOTICE NO.31

THE FACTORIES AD OTHER PLACES OF WORK

(SAFETY AD HEALTH COMMITTEES) RULES, 2004

Application 3. These Rules shall apply to all factories and other workplaces, which

regularly employ twenty or more employees.

Formation of 4. (1) The occupier of every factory or other workplace to which these Rules Committees apply shall establish a Safety and Health Committee in the manner provided in

these Rules. (2) A safety and Health Committee shall consist of safety representatives from the

management and the workers in the following proportions- (a) in the case of factories or other workplaces with between twenty and one

hundred regular employees, not less than three safety representatives each from the management and the workers;

(b) in the case of factories or other workplaces with between one hundred and one thousand regular employees, not less than five safety representatives each from the management and the workers; and

(c) in the case of factories or other workplaces with one thousand or more employees, not less than seven safety representatives each from the management and the workers.

Shown below are the roles the government wants the safety and health committee to play in the above

notice:

Roles of the safety and health committee:

・ Conduct the safety audit of the site at least once in every three months;

・ Upon an accident, immediately conduct an investigation on the accident and propose measures to

be taken to the management;

・ Identify risk factors that might hamper OSHM and advise the management on measures to be

taken;

・ So they can propose effective countermeasures, record and archive accident and disaster data;

・ Give appropriate advice on operations and behaviors under hazardous conditions;

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Shown below is the part concerned of the above government notice.

Functions and 6. The functions of the Committee shall be to – duties of the (a) establish a schedule of inspection of the workplace for each calendar year; Committees (b) conduct safety and health inspections at least once in every three months;

(c) inspect, investigate and make recommendations to the occupier immediately any accident or dangerous occurrence takes place;

(d) identify occupational hazards and cases of ill-health among workers at the workplace and make appropriate recommendations to the occupier.

(e) compile statistics of accidents, dangerous occurrences and cases of ill-health as primary data for providing remedial measures, planning and allocation of resources.

(f) investigate complaints relating to workers’ health, safety and welfare at the workplace and make representations to the occupier on their findings;

(g) advise on the adequacy or otherwise of safety and health measures for particular hazardous work or activities;

(h) establish effective communication channels on matters of health and safety between the management and the workers;

(i) organize such contests or activities necessary for achieving the fulfilment of the mandate of the Committee;-

(3) Training curriculums for the safety and health committee members

The members of the safety and health committee are required to attend training courses that meet the

curriculum and guideline prescribed by the Director of DOSHS.

To attend the safety and health committee at the workplace, a member of the committee must attend four

days (30 h) of the training curriculum prescribed by the DOSHS.

Table 2.4.1 Training curriculum for members of the safety and health committee

Safety and Health Management 2 1/2 HRS

Health and Safety Committee Rules 1 HR

Occupational Accidents 1 1/2 HRS

Personal Protective Equipment 1 HR

Safe Work Procedures 1 1/2 HRS

Workplace Inspection Techniques 2 1/2 HRS

Machinery Safety 1 1/2 HRS

Construction Safety 1 1/2 HRS

Docks Rules for Ports and Harbours 1 1/2 HRS

Plant Safety 1 HR

Fire Safety 1 1/2 HRS

Electrical Safety 1 HR

Chemical Safety 1 1/2 HRS

Workplace Health Hazards 2 HRS

Methods of Controlling Workplace Hazards 1 1/2 HRS

Occupational Diseases 2 HRS

Stress at Work 1 HR

First Aid Management 1 HR

HIV/AID Awareness 1 1/2 HRS

Alcohol And Drug Abuse 1 1/2 HRS

Total 30HRS

Occupational Safety and Health Management

Occupational Safety

Occupational Hygiene

Occupational Health

1.

2.

3.

4.

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(4) Qualification related to OSHM

Shown below is the summary of relevant data based on Safety and health management in the construction

industry overseas, a survey conducted by Japan Construction Occupational Safety and Health Association

(JCOSHA) published in May 2015.

Qualifications necessary for those engaged in OSHM: Qualification necessary for those engaged in OSHM

audit must have the qualification of either engineer or doctor, or master or doctor degree in the studies of

OSHM. These human resources are employed as Occupational Safety and Health Services Advisor or Work

Environment Monitor Other qualifications prescribed by DOSHS include the following:

・ OSHM advisor: Bachelor of Science and license in OSHM, plus more than five years of work

experience;

・ Firefighting auditor: High school diploma, certificate of completion of a fire prevention safety

training course (6 months), plus eight years or more of work experience;

・ Designated general practitioner: Bachelor of Medicine, Kenyan medical license, plus five years or

more of work experience;

・ Factory diagnostician: Diploma in mechanics and electricity plus eight years or more of work

experience;

・ Indoor air quality diagnostician: Bachelor of Medicine, Science, or Engineering, diploma in

OSHM, plus five year or more of work experience;

・ OSH inspector: Bachelor of Science; if inspecting medical matters, Bachelor of Medicine and

medical license;

Further, qualifications required from workers by sector include the following:

・ Electrical works: Certificate for passing the national examination for electric work specialists or

equivalent qualification;

・ Power generation works, elevators, escalators, etc.: Certificate for passing the national

examination for electric work specialists or equivalent qualification;

・ Radio equipment installation works: License issued by Communication Commission of Kenya

(CCK);

・ Communication cable works: ditto

・ Piping and drainage works: Certificate for passing the national examination;

・ Boilers, incinerators, pressure vessel installation works: Certificate for passing the national

examination (license for boiler diagnostician);

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Figure 2.5.1(1) OSHM guideline

2.5 Safety standards guidelines and manuals

(1) Overview

The law is not specific on the establishment of OSH management systems at the enterprise level, but all

the elements of ILO-OSH 2001 have been adequately covered in OSHA 2007. However, individual

organizations have established management systems based on diverse standards.

All standards in the country, including technical standards, are developed by the Kenya Bureau of

Standards (KEBS). At KEBS there are various technical committees comprising experts who are involved in

developing standards in their specialized areas. All the standards developed by KEBS are voluntary, and

become mandatory only when they are cited in legislation or legal notices. The developed standards that are

related to OSH are divided into three categories: management systems (procedures, risk assessment and

incident investigation); facilities (equipment and environment); and human factors.

The national competent authority (DOSHS) makes use of the ILO codes of practice when developing

legislation and working documents for use by enterprises. It also implements two locally developed codes

of practice: one on OSH auditing, which provides guidelines for safety and health advisers when carrying

out workplace safety and health audits; and the other on PPE, which sets guidelines for employers, workers,

suppliers, manufacturers and the general public on how to manage the provision of PPE, including its

selection, use, storage and maintenance. The Federation of Kenya Employers (FKE) has adopted the ILO

code of practice on HIV/AIDS and the world of work by developing a code that is currently being used by

its members.

(2) National level OSHM guidelines

In 2014, the Ministry of Health issued a policy guideline in the

field of OSHM at the national level. Starting with the

presentation of basic policy on OSH services at the national

level, the guideline describes the sharing of OSHM functions

and roles between the central government and local

governments in the administrative framework, roles expected

from OSH officers, classification of various work-related

accidents, measures to be taken to reduce damage, risk

evaluation and management, etc.

Figure at right 2.5.1 shows the cover page and the figure in the

next page the table of contents of the OSHM guideline.

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Figure 2.5.1(2) OSHM guideline (Table of Contents)

(3) Mombasa port development project

Regarding the Mombasa port development project, KPA published in May 2015 Occupational Health and

Safety Policy Statements. In the statement, KPA expressed its commitment to ensuring health and safety of

all the stakeholders in various projects in the port it governs, namely, owners, contractors, customers, and

users and visitors of the port;

Figure 2.5.2 shows how KPA specifically manages safety. Health, Safety & Environment Management

System shows the safety audit risk assessment method, training and certification of risk assessors, rules for

notifying accidents and procedure for investigation of causes, instructions on emergency treatment, rules for

special vehicles circulating in the port (trailers, fuel transportation lorries, cranes, general purpose vehicles);

safety rules in maritime services (related to navigation rights);

8.18.1.18.1.28.1.38.1.48.1.5

CHAPTER 99.1

9.1.19.1.29.1.39.1.4

CHAPTER 1010.110.1.110.1.210.1.310.1.4

11.111.1.111.1.2

12.112.1.112.1.212.1.3

APPENDICESAppendices 1:Appendices 2:Appendices 3:Appendices 4:Appendices 5:Appendices 6:Appendices 7:

REFERENCES

Induction program for new employees

Workplace inspection checklist for hospitalsDangerous occurences reporting formCheck list of Personal Protective clothing in the workplace

Operational ResearchEvaluationMonitoring

Notice by employer of an occupational accident/disease of an employeeEmployee exposure report formOSH orientation checklistHazard reporting form

OSH monitoring evaluation and research

CompensationDisciplinary actionCompliance to OSH guidelines

CHAPTER 12

CHAPTER 11OSH capacity building for health workersInternal facility training (existing staff)Induction of contracted / short term staff

OSH reporting and documentation

OHS training and capacity building

Safety signage and labelsOther Safety equipmentPersonal Protective EquipmentEngineering controlsSafety equipment management and OSH-supplies

Notifiable diseasesIncidence/Near missesDangerous occurrencesAccident reportingIntroduction

CHAPTER 81.01.11.21.3

1.3.11.3.2

1.41.5

1.61.6.2

2.12.2

2.2.12.2.22.2.32.2.4

2.3

3.13.1.13.1.23.1.33.1.43.1.53.1.6

4.1

5.15.1.15.1.25.1.35.1.4

6.16.1.16.1.2

7.17.1.17.1.27.1.37.1.47.1.57.1.6 Management of occupational exposure in health care setting

VaccinationGeneral GuidelinesElements of Medical Surveillance

Facility design

Purpose of medical surveillanceIntroductionMedical surveillance

Risk controlRisk managementRisk assessment, evaluation and management

CHAPTER 7

CHAPTER 6EquipmentWorkflowIsolationFacility

Facility Level Safety committee/ focal person

CHAPTER 5

CHAPTER 4Minimum OSH package for health care facilities at all levels/tiers

Psychosocial HazardsMechanicalErgonomic

Classification of OSH hazards and mitigation in the health sector

PhysicalChemicalBiological

CHAPTER 3Legal and Regulatory framework

Scope and Purpose of the Policy guidelinesRationaleBackgroundINTRODUCTION

CHAPTER 1

Scope

Sub county Health and safety (SOSH) Focal personCounty Health and safety (COSH) focal personNational LevelRoles and ResponsibilitiesOrganizational Structure

CHAPTER 2EmployeeManagement ResponsibilityGeneral OSH Policy Statement

ObjectivesPurpose:

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Figure 2.5.2 KPA’s Health, Safety & Environment Management System (Source: partly KPA)

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2.6 Workmen’s compensation and insurance

(1) Provisions on compensation for work-related accidents

For worker’s death or injury caused by a work-related accident that happened on the site, the employer is

required, according to the Work Injury Benefit Act, 2007 (WIBA) to pay the victims prescribed

compensation. Shown below is the part concerned of the WIBA.

WORK INJURY BENEFITS ACT [Date of assent: 22nd October, 2007.]

PART III – RIGHT TO COMPENSATION

10. Right to compensation (1) An employee who is involved in an accident resulting in the employee’s disablement or death is

subject to the provisions of this Act, and entitled to the benefits provided for under this Act. (2) An employer is liable to pay compensation in accordance with the provisions of this Act to an

employee injured while at work.

Excerpts from the WORK INJURY BENEFITS ACT, 2007

The amount of insurance claim to be paid as compensation (treatment expense and compensation) is

calculated by the relevant service of the MLSSS based on the diagnosis by a medical doctor (taking into

account the victim’s age, degree of injury, income, etc.). Table 2.6.1 shows the list of rates of payment of

insurance claim prescribed by the WIBA in cases of death and injury of the worker while working on a

construction site (part).

Depending on the gravity of disability, the amount of compensation is prescribed as follows:

(i) If unable to work for three consecutive days or more: The minister determines the amount of

benefit based on the amount of the victim’s monthly salary (Article 29, WIBA);

(ii) If unable to work permanently: The minister determines the amount of benefit based on the amount

of the victim’s salary for 96 months (Article 30, WIBA);

30. Compensation for permanent disablement (1) Compensation for permanent disablement shall be calculated on the basis of ninety-six months

earnings subject to the minimum and maximum amounts determined by the Minister, after consultation with the Board.

Excerpts from the WORK INJURY BENEFITS ACT, 2007

(iii) If, during the victim’s training, met an accident causing permanent disability: The minister

determines the amount of benefit based on the amount of a salary that a person having worked for

five years in the same type of work (Article 32, WIBA);

(iv) In case of the victim’s death, the survivors will receive the prescribed compensation for death plus

the amount of funeral expense determined by the minister (the director-general) and the local

assembly (Article 34, WIBA);

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Table 2.6.1 Rate of compensation benefit in case of death and injury (correspondent to (ii) above)

In case of work-related accidents, there is no system by which the national government compensates the

victim. The only case the national government compensates the victim is when one of its employees met an

accident on the site.

As to response in case of public disaster, the OSH Act prescribes that the one who is responsible for

compensating workers and neighboring residents on the site is the contractor, but when public disaster

occurred in the proximity of the site, the amount to be paid by the contractor is determined at court based on

the WIBA according to established customs. The time to take for the amount to be determined varies by

type and scale of accident, but sometime it takes more than five years. There are a large number of lawsuits

disputed over these accidents. There is no system of temporary payment to the victim before the judgment is

given.

(2) Work-related accidents and construction work insurance

They say that generally in domestic construction works, the insurance company consults the owner and the

contractor and select the insurance policy they purchase (according to the MLSSS). Since the Work Injury

Benefit Act does not refer to any third-party accident, the contractor needs to purchase another insurance

policy that covers third party compensation. The primary contractor is held responsible also for accidents

caused by subcontractors.

Further, other than work-related accident insurance, all employers (The amendment made in May 2014

extended the scope of responsibility from companies employing five or more employees to all employers)

are required to subscribe to the National Social Security Funds (NSSF) and the National Health Insurance

Funds (NHIF). The employer is responsible for withdrawing employee’s insurance premiums from their

salary and paying them to the relevant authority.

Further, in construction works, under the direction of Architectural Association of Kenya and Joint Building

Council, the contractor is required to purchase a lump-sum construction work insurance policy as part of

construction work agreement.

At the Ministry of Transport and Infrastructure, what the government handles is workers’ compensation for

its own employees. On all road construction work sites, the ministry is required to subscribe to two kinds of

insurance: All Risks Insurance and Third Party Insurance. (Source: Research survey on safety management

100

1 1002 100

1 1002 100

3 70

4 685 656 607 608 40

Minimum degreeof disablement (%)

A. DEATH

Death as resulｔ of accident

C. INJURY TO UPPER LIMBLoss of both hands or loss of both arms at higher sitesLoss of remainig arm by one-armed workman

Loss at shoulder or below shoulder with stump of less than 10 centimetresfrom tip of acromionLoss from 11 centimetres below up tip of acromion to less than 20Loss from 11 centimetres below of hand at wristLoss of hand at wristLoss of four fingers and thumb on one handLoss of four fingers on one hand

B. INJURY（GENERAL）Loss of hand and foot above site of symes amputationInjury resulting in the employee being permanently bed-riddenNOTE：The loss of the thumb and four fingers of one hand is equivalent tothe loss of a hand

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in construction works in ODA projects, February 2012)

As general insurance related to construction work, there is Contractor’s All Risk Policy.

This insurance covers disasters, accidents, thefts of machines and tools, damage to third parties, etc. that

occur on the site. It usually covers the items shown below, but the terms of compensation, etc. vary

depending on negotiation with the insurance company when concluding the agreement.

What generally covered by construction insurance

(i) Contract, Machinery & Equipments All Risk Cover

Compensation of thefts of construction machines and tools and of damage to structures;

(ii) Public Liability Insurance

Compensation of damage to third parties caused by construction works;

(iii) Work Injury Benefits Act（WIBA）Insurance and Employers Liability

Compensation of workers’ injury or death on the construction site caused by disasters and

accidents;

(iv) Special Risks

Collapse due to natural disasters, including rain storms, earthquakes, landslides, floods, and delay

of completion;

(3) Settlement with victims of work-related disasters and accidents

The WIBA prescribes that the victim or their representative complete benefit claiming procedure within 12

months of the accident or confirmed death of the victim. After reception of the notice of accident, Director

of Work Injury Benefits inspects the site of accident to investigate the circumstances and follows

procedures for settlement between parties concerned, payment of benefits, etc.

(4) Insurance purchased by the contractor in Mombasa port development project

The insurance policies purchased by the contractor (Toyo Construction) in Mombasa Port Development

Project studied in this field work were as follows:

(i) Construction work insurance (Defined in Article 18 of GC)

Insurance name : Contractor’s All Risks Policy (including Third Party Liability)

Insured : Toyo Construction

Duration : March 1, 2012 to February 29, 2016

Coverage : Building

Construction work insurance:

Insurance designed to compensate the insured for loss caused to the object covered by an

unforeseen, sudden accident on a construction site, such as loss from fire and explosion, loss from

theft, and loss from operational errors.

(ii) Property insurance (Defined in Article 18 of GC)

Insurance name : Contractor’s Plant and Machinery Insurance


Duration : Duration of use

Coverage : Construction machines and heavy vehicles

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Property insurance:

Insurance that compensates all damage caused, in principle by random accidents, to the property

(all property other than real property, which means land and its fixtures) covered by the insurance,

regardless of where it is.

(iii) Vehicle insurance (Defined in Article 18 of GC)

Insurance name : Commercial Vehicle Insurance / Private Motor Insurance



Covered : Ordinary vehicles

Vehicle insurance:

Insurance that compensates all damage caused to vehicles used on the construction site by

collision, contact, fall, overturning, flying or falling objects, fire, explosion, theft, typhoon, floods,

high tides, etc.

(iv) Ship insurance (Defined in Article 18 of GC)

Insurance name : Marine Hull Insurance



Covered : Ships

Ship insurance:

Insurance that compensates ships made inoperable due to damage caused by various risks such as

grounding, fire, or collision with other ships or need to compensate damage of other ships, or total

loss due to sinking.

(v) Work-related insurance (Defined in Article 18 of GC)

Insurance name : Work Injury Benefits Act Insurance


Duration : Period of employment

Covered : Employees of Toyo Construction

Work-related accident insurance:

Insurance that compensates the worker or their survivors for injury, illness, disability, or death

caused to the worker for reasons of work or on their way to or from the site.

(iv) Fire insurance (Defined in Article 18 of GC)

Insurance name : Fire Insurance



Covered : Offices, accommodations, warehouses and buildings, part of furniture and

fixtures

Fire insurance

Insurance that compensates all damage caused to materials and equipment present in related

facilities and buildings

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3-1

Chapter 3 Field Study – Mombasa Port Development Project

3.1 Project Outline

3.1.1 Project

(1) Project Name: Mombasa Port Development Project

(2) L/A: (KE-P25) 20 November 2007

(3) Objectives: The Port of Mombasa is a premier natural seaport, and the only international port in Kenya.

The scope of the Mombasa Port Development Project consists of construction of a new

container terminal and procurement of ship-to-shore gantry cranes, rubber tired gantry

cranes and other cargo handling equipment for the new terminal. As the port serves as the

hub of freight transshipment in Kenya for neighboring countries such as Uganda, Burundi

and Rwanda, the project is expected to facilitate trade and economic development in Kenya

and the neighboring countries.

(4) Location: Mombasa City, Kenya

(5) Employer: Kenya Port Authority (KPA)

(6) Designer: Japan Port Consultants, Ltd.

(7) Construction Supervision: Kenya Port Authority (the Engineer)

Japan Port Consultants, Ltd. (Engineer’s Representative)

(8) Contractor: Toyo Construction Co., Ltd.

(9) Contract Price: (Foreign Portion) JPY 11,108,742,174.00

(Local Portion) KSH11,091,815,048.64（JPY 11,177million）

(10) Construction Period: 1 March 2012 – February 2016 (48 months)

(11) Quantities:

Table 3.1.1 Quantities Item Quantity Remarks

1) Reclamation 49.7ha Container Terminal & Supplement area

Revetment 881m/188.84m

2) Port Facilities

Berth No. 20 210m Water Depth: 11m

Berth No. 21 350m Water Depth: 15m

Small Berths 83m/200m Water Depth: 4.5m

Retaining Walls 393.5m/194.5m/22m

3) Yard, Pavement, Drainages Soil Improvement by PVD method: 34.9ha

4) Trunk Road 374m 8 lanes, Width 37.5m

Access Road 2,184m 6 lanes, Width 33m

Connection Road 940m 5 lanes, Width 23.5m

Railway 600m

5) Relocation of Existing Facilities Oil Pipelines, Water Pipelines, Mobile Workshop

6) Buildings Container Gate, Administration Building, Welfare Building, Workshop, Fuel Supply Station, Custom Warehouse, Electric Sub-station, etc.

7) Utilities Electric Supply, Water Supply, Fire Fighting System, ITC System, Broadcasting System, Port Security System

3-1

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(Source: JICA HP)

(Source: Consultant’s Monthly Report for August 2015)

Figure 3.1.1 Project Location

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3-3

3.1.2 Natural and Social Environment

(1) Natural Conditions

a. Climate

Mombasa has an ocean climate, and has two monsoon seasons, namely the southeastern monsoon

(April-September) and the northeastern monsoon (October-March), and has two seasons made up of the dry

season and the rainy season. The climate at Mombasa is shown in Table 3.1.2. April and May have heavy

rainfall, and January and February have little rainfall.

Table 3.1.2 Climate at Mombasa

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec

Ave. Max Temp. (℃) 32.0 32.3 32.6 31.2 29.3 28.4 27.7 27.9 28.8 29.6 30.6 31.6

Ave. Min Temp. (℃) 23.2 23.6 24.2 23.9 22.7 21.3 20.4 20.3 20.8 22.0 23.1 23.3

Rainfall (mm) 33 15 56 163 240 80 70 66 72 97 92 75

Hours. of Sunlight (hr) 296 257 269 225 204 207 210 244 246 272 264 260

(Source: World Weather Information Service（2009））

b. Geology

Mombasa is located some 8 – 100m above sea level on coastal lowland. The geological map of Mombasa is

shown in Figure 3.1.2. The geology of Mombasa area is categorized as follow: ① A 6km wide coastal plain

area between Kisauni on the northern mainland to Mtongwe on the southern mainland including Mombasa

Island. A coastal terrace consisting of elevated coral reef along the coast. ② The western area of Mombasa is

composed of a rock layer of ground shale from the Jurassic period and sand. This area is composed of

materials from the tertiary system and the Mesozoic system. ③ Mountainous plateau made of sandstone. –

This project is located in Area ②.

Figure 3.1.2 Geological Map

(Source: Munga et.al, Pollution and Vulnerability of Water Supply Aquifers in Mombasa Kenya, 2004)

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c. Oceanographic Phenomena

The tidal data of Kilindini Harbor is shown Table 3.1.3. The lowest and highest tide level is -0.1m and 4.1m.

The maximum speed of the tide at the entrance of the harbor is about 0.5 knots.

Table 3.1.3 Tidal Data of Kilindini Harbor in 2012

Location Lat. 4°03‘ Long.39°38‘

Highest Astronomical Tide（HAT） 4.1m

Lowest Astronomical Tide（LAT） -0.1m

Mean High Water Springs （MHWS） 3.5m

Mean Sea Level (MSL) 1.86m

Source: Kenya Port Authority HP

Wave height is relatively small since the harbor is small and there is a coral reef around the entrance of the

harbor. The wave height reaches only 0.5m max. at strong wind. (Contractor’s observations)

(2) Port Conditions

At the beginning stage of works, the Employer and the Contractor discussed the designated work areas where

access of vessels were to be limited. The Employer issued notices to each stakeholder concerning limiting

access to the work areas. (Contractor’s information)

(3) Human Resources

- There is no local subcontractor in Kenya with sufficient offshore works experience. Though the Contractor

employed several local subcontractors for onshore works, there are few competent local firms.

- For some work items the Contractor is directly employing a large number of local workers through worker

dispatching companies. Since there are a very limited number of skilled workers, more Japanese and Filipino

staffs than initially planned are assigned to directly supervise workers.

- Site supervision including safety management was mainly conducted by Japanese staffs. Office works were

undertaken by Filipino and Kenyan staffs under Japanese staffs’ supervision. CAD operations and quantity

calculations with which Kenyan staffs were not familiar were conducted under supervision of Japanese and

Filipino engineers.

- Training of local staffs including subcontractors workers was conducted persistently giving repetitive

instructions on basic things such as wearing helmet, chin strap and safety shoes. Keeping things tidy on site

was also kept reminded to promote safety awareness.

(Contractor’s information)

(4) Security

- In Mombasa where the project is located there was a riot related to the presidential election in 2007, and

therefore the project has been focusing not only on “occupational safety and health” but also on “security”.

Countermeasures to occupational safety and health and security are closely interrelated at various points.

- Since private security staffs are not allowed to carry guns, local police was deployed for enhancement of

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security. At the peak time of the project, fifty guards, consisting of 30 from private security companies and

20 from local police, have been assigned on a basis of 24 hours/day and 365 days/year in the project area of

40ha. They work in 2 shifts of 12 hours. Costs incurred were shouldered by the Contractor.

- Provision of guards is for prevention of intrusion of outsiders/suspicious persons, which is also serving for

protection of workers and prevention of theft. The work area, stretching from the gate to include 3km-long

access road, is totally enclosed by barbed-wire fences. Intrusion of squatters living nearby is also prevented.

- Speed limit of vehicles in the project area is also controlled by private security and local police to prevent

traffic accident in the area.

- This region, subjected to activities of Al-Shabaab (Islamic extremists), has risks of terrorism as well as

general crimes, which is one of the reasons why security is strengthened. The thorough entry/exit

management system contributes to elimination of suspicious persons and hazardous substances.

- Biweekly security meetings are held attended by police, security companies and the Contractor to discuss

repairing of fence, preventive measures to suspicious persons’ intrusion, etc. Security measures are taken

mainly lead by the Contractor.

- The seaside is being guarded by Marine Police on a 24 hours basis.

- Triggered by the incident in the project (subcontractor’s staff shot dead) and the terrorism to a Japanese

company in Algeria in 2013, the security system was strengthened. The project was suspended for a week

until the cause of incident was investigated and the necessary countermeasures were fully taken.

- After the above incident security was enhanced getting great cooperation from local police, supported by the

Japanese Embassy and JICA.

- Security meetings are held every 3 months chaired by the Country Commissioner. In the meetings, the

Employer, police, the Contractor, Japanese Embassy and JICA (as an observer) exchange information and

periodically update the security system to suit the project progress.

- It is difficult for the Contractor alone to set up a strengthened security system involving the Kenya side after

commencement of a project. Hence, it is preferable to make necessary arrangement for security in the

contract and/or in the agreement between Japanese and Kenyan governments at formation of the project.

(Contractor’s information)

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3.2 Project Organization

3.2.1 Stakeholders

In this project organization, the Engineer is General Manager of the Employer (KPA), and the Consultant acts

as the Engineer’s Representative, and the structure is not a complete three parties one (The Employer-The

Engineer-The Contractor).

Figure 3.2.1 Project Organization Chart (Source: Study Team)

The Engineer (KPA) is responsible for financial matters, and the Engineer’s Representative is responsible for

all other matters. Therefore, the structure is virtually the same as the three parties structure prevailing in ODA

project in Asian countries. (Contractor’s information)

A Dispute Board (DB) is established in this project, which may be the first case in Japanese ODA loan

projects. According to observations by a staff in JICA Kenya Office, the existence of DB appears to have

generated a tense atmosphere between the Employer and the Contractor, which could have positively affected

safety management in the project.

KPA

Construction Supervision

The Consultants

Design

Construction

<LEGNED>

: Contractual Relationship

: Functional Relationship

Kenya Ports Authority(KPA)

The Employer

The EngineerGeneral Manager

Infrastructure & Development

The Dispute Board

Consortium ofJapan Port Consultants, Ltd. and BAC/GKA JV Company Ltd.

The Engineer'sRepresentative

The Designer

The Contractor Toyo Construction Co., Ltd.

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3.2.2 The Consultant’s Duties

The consultancy contract for design, tender assistance and construction supervision was signed in 2009 before

preparation of the tender documents such as conditions of contract, Specifications, BOQ and so on.

Consequently, it does not necessarily include detailed description on the scope of each work to be undertaken

by the consultant. Detailed information on the Engineer’s duties is described in the conditions of construction

contract and specifications prepared by the consultant itself.

The Consultant’s duties as the Engineer with regard to construction supervision are shown in the following

table. There is no detailed/concrete description is provided on the Consultant’s role on safety management in

the consultancy contract. The budget and organization for safety management was prepared on that basis.

Table 3.2.1 The Consultant’s Duties (during construction)

Ideally the construction contract documents and/or specifications prepared by the Consultant’s design team

should have described in detail the role of the Consultant’s construction supervision team. However, maybe

due to the predetermined budget constraints, it was not the case, and consequently a sufficient number of

personnel was not assigned to safety management works.

1) To check and recommend approval and/or modification of the proposals and documents. 2) To prepare additional designs, and supply of all necessary working drawings for the Contractor for approval by KPA for satisfactory execution of works. 3) To check the location, alignment and workmanship of all works as laid out by the Contractor. 4) To recommend acceptance or rejection of materials to be used or incorporated in the works. 5) To continuously inspect the works and issue necessary instructions to the Contractor. 6) To check monthly contract applications for payments and regularly progress payments. 7) To assist KPA in negotiating and execution of any Change Order. 8) To check, evaluate and recommend for approval by KPA the Contractor’s and Supplier’s Work Schedule and Progress Schedule. 9) To conduct periodic Coordination Meetings as may be required. 10) To maintain permanent Records of Measurements made for the works, quantities to be paid and results of all tests made on materials used in the work. 11) To evaluate and make recommendations for KPA’s approval of all claims, disputes and request for time or changes that Contractor may request. 12) To supervise the fabrication/installation of all the equipment and facilities at the site and performance of Final Performance Tests. 13) To recommend the issue of Interim Payment Certificates, Certificate of Completion, Final Payment Certificates and Performance Certificates. 14) To submit to KPA, upon issuance of the Final Certificate of Acceptance of the Project, all job records, as-built drawings as well as the required written instructions. 15) To conduct management of site safety.

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3.3 Operation and Management Procedure

3.3.1 Overall Framework of Project Management

In this study, bearing the above in mind, it is defined that safety in construction projects consists of two

components, “Safety of Works” and “Occupational Safety and Health”, with a view to analyzing the

information on the project to describe the operation and management procedure.

The reasons of highlighting “Safety of Works” are; (1) The cause of the Can Tho bridge accident occurred in

2007 in Vietnam is attributable to technical problems related to design & construction of temporary structures;

and (2) To highlight the differences between ODA projects and projects in Japan summarized in Table 3.3.1

below:

Table 3.3.1 Management of Safety for Construction Work

Management of Safety for Construction Work Japan ODA Recipient Countries (in case ODA projects）

Safety of Works Dominant Framework Contract Contract

Referee Employer Engineer (Consultant)

Occupational Safety and Health

Dominant Framework Laws & Regulations Laws & Regulations / Contract

Referee Competent Agency

(Labor Standard Inspection Office) Engineer (Consultant)

(Source: Study Team)

Management of each safety component in construction projects is summarized in the following table:

Table 3.3.2 Management of Safety in Construction Projects

Safety of Works Occupational Safety and Health

1. Contract Provisions 1. Legal Responsibilities

2. Design Review System 2. Involvement of Competent Authorities

3. Method Statement Review System 3. Contract Provisions

4. Quality Assurance / Management System 4. Application of OSH Management System

5. Risk Management 5. Safety Management System

6. Contractor's All Risks Insurance 6. Workmen's Compensation Insurance

7. Others 7. Others

(Source: Safety Management in Infrastructure Projects in Developing Countries)

The framework of management of safety for the project is summarized based on the information obtained

through document research and interviews and shown in Figures 3.3.1 & 3.3.2 and Table 3.3.3.

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Figure 3.3.1 Framework of Safety Management in the Project (Source: Study Team)

Figure 3.3.2 Project Organization on Safety Management (Source: Study Team)

KPA

MPDP

Monitoring

Safety Patrol

(several times/year)

Technical Review

(to ensure safety of works)

Subcontractors

Suppliers

Workers

Close Supervision

National Construction

Authority

(NCA)

TOYO Construction

Tokyo HQ

The Contractor

TOYO Construction

JPC/BAC/GKA

The Engineer's Representative

The Engineer

General Manager

Infrstructure & Development

KPA Opeartions Division

Safety Branch

Ministry of Labour, Social Security

& Services

Directorate of Occupational Safety

and Health Services (DOSHS)

The Donor

Japan International

Cooperation Agency

(JICA)

The Employer

Kenya Ports Authority

(KPA)

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Table 3.3.3 The Employer’s Safety Management System (extract from Questionnaire)

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3.3.2 Construction Contract

The General Conditions of Contract is FIDIC MDB Harmonized Edition 2006. The main provisions related to

safety and quality in the contract documents are summarized in the following table.

Table 3.3.4 Safety Provisions in the Contract Documents (See Table 3.3.1)

Item Title Safety of Works Occupational Safety and Health

General Conditions of Contract

4.1 Contractor’s General Obligations ✔ ✔

4.8 Safety Procedures ✔ ✔

4.9 Quality Assurance ✔

6.7 Health and Safety ✔

7.1 Manner of Execution ✔

7.2 Samples ✔

7.3 Inspection ✔

7.4 Testing ✔

7.5 Rejection ✔

7.6 Remedial Work ✔

Special Conditions of Contract (confidential)

Specifications

1.2.12 Temporary Works, Utilities and Safety Measures ✔ ✔

1.2.14 Materials and Workmanship ✔

1.2.15 Test and Inspection ✔

1.2.17 HIV/AIDS prevention ✔

BOQ (confidential)

Usually specifications prepared by the Employer/the Consultant include detailed description on the

requirements on safety and quality. However, only general description on safety and quality is provided in this

project. The Consultant’s construction supervision team’s comments on the matter are summarized in the

following table.

Table 3.3.5 Comments on Safety/Quality Provisions in the Contract Documents

- In this project, only general description is provided on safety and quality in General Conditions of Contract and Specifications.

In Phase 2, it is recommended to describe the Consultant’s role on safety and quality more concretely/in detail.

- Safety management does cost. It is not clear in the contract of this project where safety management cost is included (not

expressly included in the BOQ), by which the Consultant has difficulties in executing proper supervision/cost evaluation on

safety.

- It is assumed that the unit each price item in the BOQ includes safety costs. However, when the Contractor prepares a facility for

safety which is not expressly spelled out in the BOQ, it is difficult to categorize where such cost falls into.

- It is assumed that costs of all temporary works proposed by the Contractor include overheads. The Consultant is always

wondering how much overheads are included. The Contractor may use cheap materials for temporary works.

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3.3.3 Contractor’s Plans

(1) Quality

The composition of Contractor’s quality-related plans is summarized in the following table.

Table 3.3.6 Composition of Contractor’s General Execution Plan (on Quality)

Quality Control Quality Assurance

(1) Quality Management Organization (2) System and Procedures (3) Procurement Control (4) Testing (5) Quality Records and Reports

(1) Quality Assurance Organization and Management Staff (2) Overall Management System of Quality Assurance

General; Duties & responsibilities for Management System of Quality Assurance; Schedule Control; Quality Assurance Practice and Certificate of the Company

(2) Safety

The composition of Contractor’s Project Safety Policy is summarized in the following table.

Table 3.3.7 Composition of Contractor’s Project Safety Policy Main Part Appendices

1. Introduction 2. Safety Policy 3. Health and Safety Organization 4. Health and Safety Training 5. Safety Rules and Regulations 6. Safety Committees 7. Safety and Health Inspection 8. Job Hazards Analysis 9. Management of the Place of Work 10. Management of Tasks and Operations 11. Management of Equipment, Plant, Materials and Services 12. Accident and Incident Investigation 13. Emergency Preparedness and Response 14. Health Assurance Program

A. Safety Organization Chart B. Safety Induction Training C. List of Safety Training Need for Different Trade D. Hazards Identification and Risk Control Table E. Checklist for Safety Regulation and Law F. Risk Assessment Table G. Construction Safety Inspection Checklist H. Weekly Report Form I. Injury Report Form J. Safety Inspection Checklist for Marine Works K. Equipment Checklist L. Summary of Basic Safety Considerations of TOYO

Safety Program

(3) Method Statement

For each part of work the Contractor submits a method statement to the Engineer in advance, and starts the

work after getting the Engineer’s approval to it. A typical composition of method statement in this project is

shown in the following table. Design and construction plan of temporary works is prepared on site to submit

to the Consultant’s review/approval after having confirmation by technical departments of the HQ office.

Table 3.3.8 Typical Composition of Method Statement (Superstructure of Container Berths)

Main Part Appendices

1. General 2. Scope of Works 3. Work Flow 4. Materials 5. Equipment List 6. Work Procedure 7. Work Schedule 8. QA/QC Procedures 9. Site Supervision and Process Control 10. Safety 11. Environmental Protection

A. General Plan B. Temporary Staging Drawings C. General Layout Plan of Fabricated Supports D. Work Schedule E. Work Sequence F. Inspection and Testing Plan

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Marine works management flow in this project is shown in Figures 3.3.3 & 3.3.4.

Figure 3.3.3 Marine Works Management Flow

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Figure 3.3.4 Marine Works Safety Management Flow (example)

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3.3.4 Conformance of the Contractor’s Plans with the Safety Guidance

Conformance of the Contractor’s plans as described above with ”Guidance for Safety Management of

Construction Project in ODA Project” (the Safety Guidance) is shown in the table below.

It can be concluded that the Project Safety Policy and method statements collectively contain sufficient

information on safety (safety of works, occupational safety and health).

Table 3.3.9 Conformance of the Contractor’s Plans with the Safety Guidance (Source: Study Team)

1. Introduction

2. Safety Policy

3. H

ealth abd Safety

Or ganization

4. H

ealth ad Safety Training

5. Safety Rules and Regulations

6. Safety Committees

7. Safety and Health Inspection

8. Job Hazards Analysis

9. M

anagem

ent of the Place of

Work

10. M

anagem

ent of Tasks and

Operations

11. M

anagem

ent of Equipment,

Plant, M

aterials and Services

12. A

ccident and Incident

Investi gation

13. Emergency Preparedness

and Response

14. H

ealth Assurance Program

Each M

ethod Statement

1.1 Purpose

1.2 Scope of Application

1.3 Plans for Safety Management

1.4 Roles and Responsibilities of Project Shareholders ✔ ✔

2.1 Basic Principles of Safety Management ✔ ✔

2.2 Compliance with Relevant Laws and Regulations ✔ ✔

2.3 PCDA for Safety Management ✔

3.1 Composition of the Safety Plan

3.2 Basic Policies for Safety Management ✔

3.3 Internal Organizational Structure for Safety Management ✔ ✔

3.4 Promotion of the PDCA Cycle ✔

3.5 Monitoring ✔

3.6 Safety Education anfd Training ✔

3.7 Voluntary Safety Management Activities ✔

3.8 Sharing Information ✔

3.9 Response to Emergencies and Unforeseen Circumstances ✔

4.1 Composition of the "Method Statements on Safety"

4.2 Applicable Standards for the "Technical Guidance for Safe Execution of Works"

5.1 Excavation Works ✔ ✔

5.2 Pile Foundation Works ✔ ✔

5.3 Formwork and Form Shoring System Work ✔ ✔

5.4 Reinforcing Bar Work ✔

5.5 Concrete Work ✔

5.6 Work over Water ✔ ✔

5.7 Demolition Work ✔

5.8 Work where there is danger of oxygen deficiency ✔ ✔

5.9 Slinging Work ✔ ✔

6.1 Measures for Prevention of Fall Accidents ✔ ✔

6.2 Measures for Prevention of Accidents Involving Flying or Falling Objects ✔ ✔

6.3 Measures for Prevention of Accidents Involving Collapse of Structures ✔

6.4 Measures for Prevention of Accidents Involving Construction Machinery ✔ ✔

6.5 Measures for Prevention of Explosion Accidents ✔ ✔

6.6 Measures for Fire Prevention ✔ ✔ ✔

6.7 Measures for Prevention of Public Accidents ✔

6.8 Measures for Prevention of Traffic Accidents ✔

6.9 Protective Gear ✔ ✔

Chapter 5: Technical Guidance for

Safety Execution

(by the Type of Work)

Chapter 6: Technical Guidance for

Safety Execution

(by the Type of Accident)

Chapter 1: General Rules

Chapter 2: Basic Policies for

Safety Management

Chapter 3: Contents of the

"Safety Plan"

Chapter 4: Contents of the

"Method Satements on Safety"

<The Guidance for the Management of Safety for Construction Works in Japanese ODA Projects>

Mombasa Port Development ProjectThe Contractor's Project Safety Policy

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3.4 Site Visit

The progress of works as of the end of September 2015 was 94% targeting the completion in February 2016.

At the time of the Study Team’s site visit early October 2015, the main parts of works had already been

completed, and only minor road works and building finishing works were on-going. Hence, site investigation

was done mainly based on interviews to project staff. Information on the works obtained from the Contractor

is summarized in Articles 3.4.1–3.4.4.

3.4.1 Contractor’s Project Management Approach

- Marine works and soft soil improvement works (with PVD) were completed at the beginning of 2014.

Following those, surcharge in the reclaimed area and piling works started. During marine works, the

number of workers was not many and mainly Japanese and Filipino staffs were working then. Dredging and

piling works were implemented directly supervised by the main Contractor staffs.

- The present Contractor’s organization was formed after the beginning of 2014 when the number of local

workers started increasing and the number of Japanese/Filipino staffs also increased to supervise workers

with a direct supervision system.

- In this project Japanese staffs of the Contractor, headed by the project manager, are spending most of the

time outside the office to supervise workers.

- Training of Kenyan staff started October 2013, starting from training machine operators, followed by

training of slinging, radio gymnastic exercises, etc.

- Initially machine operators were Filipino staffs who were gradually and successfully replaced by Kenyan

staffs. Presently welders and heavy equipment operators are Kenyan.

3.4.2 Marine Works

- Of the construction period the first half was spent mainly for offshore (marine) works and the second works

for onshore works. Since local staffs are unable to handle marine works, those works were handled by

Japanese/Filipino staffs directly employed and some other staffs from Singapore.

- There are international practices for the process and procedure for marine works in international waters. The

marine works in this project were implemented basically in accordance with such practices, and therefore

method statements prepared/submitted did not necessarily describe much about safety. The contents of

method statements were only general work flows and relevant safety matters.

- Having daily discussions on vessel locations in/near the work area and anchoring positions, method

statements did not necessarily describe such details. Anchoring positions of piling barges, grab dredgers, etc.

change every day. Hence, daily discussions are more important than written statements in method

statements, and it is not practical to describe details in the Safety Policy.

- At the beginning stage of works, the Employer and the Contractor discussed the designated work areas

where access of vessels were to be limited.

- Fortunately, the work area was at the deepest part of harbor and commercial vessels did not enter. Wave was

not high. Tidal currents were relatively strong. Diving works were jointly implemented by Japanese and

Kenyan divers, where the main works were undertaken by Japanese divers.

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- The meteorological and oceanographic conditions of the work area were good. The wave height reaches only

0.5m max. at strong wind. The water depth was 2m on average.

3.4.3 Temporary Works

- Though sometimes the superstructures of berths require large temporary works, this project improved the

construction method to cast H-beam supports for formworks into beam concrete, and it made the size of

temporary works small. Soffit shutters were hung from H-beam supports. This expensive method was

engaged so that local workers without technical expertise can handle the works.

- Other temporary works are a temporary jetty for embarking steel piles and concrete blocks, and formwork

supports and scaffoldings for buildings.

3.4.4 Contractor’s Safety Management

- Of the construction period the first half was spent mainly for offshore (marine) works and the second works

for onshore works. Since local subcontractors did not have sufficient experience of offshore works, those

works were handled by Japanese/Filipino staffs directly employed and a competent Singaporean contractor.

Few accidents occurred during such period. Accidents started occurring after commencing land works.

- A secret of maintaining a tense atmosphere among workers is to catch a moment of enthusiasm-rising in

workers and let them carry on maintaining such feeling until completion of the work. To stop the work to

think may result in laziness, which should be avoided. To make sure it, close safety management was

conducted through Japanese staffs frequent site visit to raise Kenyan workers safety awareness.

- There is no particular approach in this project which was used for the first time compared with projects in

other countries. It was made doubly sure to repetitively train local staffs/workers from the basic.

- This project has many operations requiring heavy equipment. Since unsafe operations (move back without

confirming the rear side) were observed initially, the number of inspectors had to be increased.

- The project was instructed by JICA Kenya Office to enhance preventive measures to accident after a fatal

accident involving a Japanese staff in a road project in Nairobi. It was made doubly sure to equip heavy

equipment with alarm buzzer and to inspect back-mirrors. In another word, basic things were thoroughly

executed repeatedly to promote safety awareness and to prevent accident.

3.4.5 Site Organization

The organizations of the Consultant and the Contactor during the peak period are shown in the appendices.

3.4.6 Construction Schedule

Figure 3.4.1 shows the construction schedule taken from Monthly Report for September 2015.

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Figure 3.4.1 Construction Schedule (Source: Monthly Report for September 2015)

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3.4.7 Project Status

The following photos show the site conditions at the time of the Study Team’s visit on 9 October 2015.

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Photo 3.4.1 Site Scenery

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Chapter 4 Analysis of Accidents

4.1 Outline of Accidents

In Mombasa Port Development Project, only one grave accident was reported as shown in the table below in

the period of three years and eight months (March 2012 to October 2015: when this investigation was

conducted). The accident was judged as no case characteristics. It was reported to JICA and other stake

holders due to the fact that a drowned body of a worker of the project was found in the construction area

although the accident has no relation with the project thus it was not an occupational accident.

Table 4.1.1 Outline of Accident Reported to JICA

No. Date and Time of

Accident Outline of Accident Dead Injured

Third Party

1 2014/02/25 13:00

Around 07:30 of February 26th 2014, a drowned body of Kenyan staff who was working as a survey assistant near the location of marine steel piles at the new container berth. By the result of investigation of the authority, the accident was concluded that it was no case characteristics, nor no occupational accident. The incident was dealt with as an accidental death unrelated with the project.

1 －－

Note 1) Reportable accident to JICA: Fatal accident; Accident with 2 or more than 2 injuries; Accident with third party seriously injured; Accident with material social impact

Note 2) Reportable accident to KPA: All accidents (See Kenya Ports Authority: Health, Safety & Environment Management System)

Other than the above, there have been 19 cases of occupational accidents and 18 cases of accidents which

caused damage to heavy equipment as shown in Figure 3.4.1 and Table 4.1.2, mostly in minor nature and not

subject to reporting to JICA.

Taking the magnitude of the project and the time elapsed to present into account, the project can be

appreciated to have been in good situation as for safety management. However, it should be noted that six

accidents with injuries occurred in six months from April 2015 to September 2015, the time of the

investigation.

Equipment accidents also should be noted that similar accidents occurred at the same location (Ex. Table 4.1.2

Accidents Damaging to Equipment Nos. 1, 3, 5 and 8; Nos. 2, 4 and 7) at the initial stage of the project. The

main cause of those similar accidents is considered due to improper mechanism/maintenance of equipment

owned by subcontractors, however, more active involvement by the main contractor is deemed as necessary in

using such equipment. As the project progresses, those accidents became rare, which implies the effect of

learning by project stakeholders.

It is very important to study every kind of accident/incident including near misses to prevent grave accidents

before they occur. In this project, the Contractor has an in-house system called “Accident Recurrence

Prevention Meeting” whereby a meeting, attended by the Project Manager as the chairman and other site staffs,

is called immediately after accident/incident to share the information, investigate the causes of accident and

plan accident recurrence preventive measures.

Table 4.1.3 provides an extract from the reports on “Accident Recurrence Prevention Meeting” conducted on

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the two accidents occurred in September 2015, wherein accident information is thoroughly collected/described

and analyzed on 4 factors (human, equipment/material, subcontractor, prime contractor) to plan

countermeasures and countermeasures were planned based on the analysis.

Table 4.1.2 Occupational Accident & Accidents Damaging to Equipment

Table 4.1.3 “Accident Recurrence Prevention Meeting” Reports (Re. 2 accidents occurred in September 2015)

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4.2 Procedure of Analysis of Accidents

(1) Course of Analysis

In the Project, only one grave accident was reported to JICA as shown in the Table 4.1.1 in the period of three

years and eight months.

As stated in 4.1, safety management in this project has been functioned relatively well and shows good result.

But in general, when accident occurs, needless to say, the management makes great effort to secure safety in

the project and takes various measures to prevent accidents. However, it cannot be said that the situation is

satisfactorily improved because accidents/near miss incidents are still happening even now. This situation

would be happening because pursuit of root causes may have been insufficient, or the causes may have been

left without proper countermeasures being taken or the countermeasures may not be efficient.

In this study we applied the Root Cause Analysis which is often used in Nuclear Power Plants, IT companies

and some medical organizations for solving problems. The purpose of application of the method is to pursue

management and organizational factors and to study countermeasures not reacting to mere phenomenon and

results but solving the real problems existing behind the superficial phenomenon.

(2) Root Cause Analysis

1) Necessity of the Root Cause Analysis

The concepts and methods of the root cause analysis are rather new, and there are some definitions

regarding “Root Cause Analysis” as shown in the table below.

Table 4.2.1 Examples of definition of Root Cause Analysis

Source Definition of Root Cause Analysis

A Guide to the Project Management Body of Knowledge（PMBOK）Fifth edition, Chapter 11 Risk Management

A technique which specifies the problems, investigates subsisting causes which lead to the problem and makes preventive measures.

Guideline for the regulatory body to appraise the result of the root cause analysis conducted by business operators

Revised 2010/09/03 Revision 1, Nuclear and Industrial Safety Agency, Japan Nuclear Energy Safety Organization

Based on the direct cause analysis, analyze organizational factors and take measures to improve the management system. (Note) The definition was made as state considering many accidents and troubles are happening due to inadequate action by the organization although the reason has already been technically clear.

The root cause analysis was originally developed for the purpose of preventing recurrence of accidents in

nuclear power plants. However, there have been very few examples of application of the root cause analysis

to accident analysis in the construction industry. There are similarities between construction sites and

nuclear power plants as a working place where a lot of people work together as follows;

･They are the fields where both the soft engineering and hard engineering assimilate together.

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･They are the fields where human interfaces with machine.

･They are the fields where a Quality Management System (QMS) approved in advance is applied to

manage the process.

･They are the fields where the possibilities that organizational factors would lead to the accidents is high.

In the construction industry in Japan, the number of accidents and also the number of victims have been

greatly decreased last three decades owing to improvement of safety awareness and various safety

facilities/equipment and so on. However, the decreasing tendency seems to reach the ceiling recently. The

phenomenon seems to imply that the traditional methods of analysis and countermeasures would come to its

limit for further improvement.

In this sense, it is necessary to direct spotlight on not only to the direct/indirect causes but also to the

management and organizational factors behind the accidents.

2) Process of Analysis

The process of the Root Cause Analysis applied in the study is outlined as follows;

a) Determination of accidents for analysis

b) Gathering information (domestically)

c) Understanding of the facts and problematic phenomenon

d) Conducting pre-analysis prior to the site investigation

e) The site investigation and information gathering (locally)

f) Conducting analysis of accidents

g) Extraction and evaluation of management/organizational factors

h) Study for countermeasures and recommendation on safety

3) Selection of Technique for Root Cause Analysis

There are several techniques that can be used as the Root Cause Analysis, such as “Why-why Analysis

(5-Why Analysis)”, “Cause Effect Diagram” and “4M5E Matrix Analysis”. Those except for Why-why

Analysis have defect that factors tend to diffuse and it becomes difficult to specify the true cause logically.

Why-why Analysis is judged as the most suitable method for the study by the easiness to understand for the

people who might be unfamiliar with such an analytic area and its superiority in logical thinking by the

relation of the cause and the result.

4) What is Why-why Analysis?

This is a technique of analysis to find out the true causes based on the facts by logically repeating not by

inspiration or by the fifth sense. It is necessary to list all factors systematically which lead to the

phenomenon.

This technique was originally started form the improvement activities in Toyota Motor Corp. It is a way of

thinking to pursue the true cause of the phenomenon or flaws by repeating “Why?” (Figure 4.2.1, 4.2.2)

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5) Combining Value Engineering (VE) with the Root Cause Analysis

If the management/organizational factors are specified, it is expected that the safety of the project will be

improved by rectifying the factors. However, the countermeasures derived in general, tend to be too much

direct to the phenomenon, in other words, the measures are taken by only just like flipping over the

phenomenon, and would result in the situation that the real cause is left as it is.

Here, we decided to apply the theory and technique of Value Engineering in this study in order to clarify the

process of occurrence of an accident by the management/organizational factors, and to devise effective

countermeasures from the point of view of what is necessary to achieve functions (purposes) to prevent

Phenomenon Factor Cause

Why1 Why2 Why3 Why4 Why5

→OK

→OK

→NG

→NG

→OK

OK：Normal Situation (Countermeasure is not necessary)

NG：Abnormal Situation (Countermeasure is necessary)

Factor Factor

Factor Factor

Factor

Cause

Factor

Factor Factor

Factor

Factor

Figure 4.2.2 Image of Why-why Analysis

Phenomenon <Why2> <Why3> <Why4> <Why5>

Cause of Phenomenon

Cause of Why1

Cause of Why4

True Cause

Figure 4.2.1 Technique of Why-why Analysis

<Why1>

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recurrence of the accident.

VE is a theory and technique to improve the value of the object (goods and services). Everything that has

some purpose and consumes any resource such as cost has “value”.

VE, first of all, understands the essence of the object an aggregate of necessary functions. And then, based

on the understanding of the functions, any and all possible ideas to achieve the function are explored and

searched to materializes new measures to achieve the purpose, and finally to improve the value of the

object.

Generally speaking, improvement will be achieved in the safety management activities, by clarifying causes

of the accident and by eliminating the causes. This is called the Analytical Approach.

In Value Engineering, the Designing Approach is applied, in which the ideal feature of the object (to-be).

And using creativity ideas and measures are derived to achieve the ideal feature of the object.

The difference between two approaches is shown below.

a) Analytical Approach (IE: Industrial Engineering, QC: Quality Control and Safety Management, too)

<Bad result> → <The cause?> ⇒ <To eliminate the cause?>

Ex) Falling. The handrail was defective. Reinforce the handrail, etc.

b) Designing Approach (Mainstreams of Improvement Techniques; VE is its representative method )

<Bad Result> → <What is “to-be”?> ⇒ <To achieve the purpose?>

Ex1) Falling. A work without danger. Work method with no work at height

Ex2) Falling. No possibility of falling. ⇒ Totally new facility to prevent falling

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(3) Root Cause Analysis and Countermeasure Study Flow

2) Understandings of the Objective Accident

(Progress Chart)

3) Why-why Analysis (Pursuit of Root Causes by Why-why Analysis Chart)

4) Countermeasures for the Direct Causes (Provisional Measures to Prevent Recurrence of Similar Accidents)

5) Developing Management/ Organizational Factors (Problem Tree: Study of Background Factors against Direct Factors)

6) Countermeasures for Management/Organizational Factors (1)

(To-be Function Tree)

9) Suggested Measures to Improve Safety Derived from the Accident

1) Gathering Information (Re. Accident: Including Site

Investigation)

Start

1a) Gathering Information (Re. External Environment: Including Site Investigation)

2a) Understandings of the External Environment

(Progress Chart)

3a) Why-why Analysis (Back Ground of External Environment by Why-why

Analysis Chart)

5a) Developing External Environmental Factors

(Problem Tree: Study of Background Factors)

6) Countermeasures for External Environmental Factors (1)

(To-be Function Tree)

7) Countermeasures for Management/Organizational Factors (2)

(Permanent countermeasures for the important functions)

6) Countermeasures for External Environmental Factors (2)

(Permanent countermeasures for

the important functions)

8) Individual Countermeasures (Concrete Countermeasures

for the Project; Provisional + Permanent)

Figure 4.2.3 Flow of Accident Analysis and Study of Countermeasures

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4.3 Investigation and Sorting-Out of Facts

(1) Safety Management Organization in Mombasa Port Development Project

Generally speaking, the project has been under good management cooperation in relation with safety

management, owing to deep concern with safety by Kenya Ports Authority (KPA), the Employer, Japan Port

Consultant Ltd. (JPC), the Consultant and Toyo Construction Co., Ltd. (TY), the Contractor.

Table 4.3.1 shows various remarks in relation to safety management in the project.

Table 4.3.1 Remarks in Relation to Safety Management

Remarks

1. Safety

Awareness (KPA) The Employer recognizes the importance of safety management.

(KPA) Toyo has high safety awareness.

(JPA) Awareness of workers for usual works is high.

(TY) Importance of cleanliness and tidiness of site was emphasized thoroughly.

(JPC) We made workers pronounce points to pay attention for work and safety at the morning meeting.

(JPC) The contractor makes much of teaching and directing basic rules and matters repeatedly to workers.

(TY) Japanese staff has maintained tense feeling in the site by monitoring.

(TY) We are directing the site to keep cleanliness and tidiness repeatedly.

2. Safety

Management

Organization

(KPA) Safety management system is established.

(JPC) We discuss with the contractor regarding safety problems at the monthly meeting.

(JPC) Safety management system is well established.

(JPC) Toyo follows JPC’s instructions nicely.

(JPC) Cooperation between Consultant and Contractor is good.

3. Safety

Planning &

Execution

(KPA) Toyo including subcontractors observes requirements for safety very well.

(KPA) Site management has been done by the safety officer and KPA with good cooperation.

(KPA) We recognize Toyo’s good safety management twice by now.

(JPC) Toyo submitted construction plan for each stage including safety plan.

(JPC) We conduct repeatedly work monitoring and checking after the work is completed.

(TY) We made method statements and safety plans by ourselves because the project was under direct hire system.

4. Safety

Management

Activities

(KPA) We sometimes conduct site checking without notice.

(KPA) We are holding the safety committee once a month.

(KPA) Toyo works on safety matters with eagerness.

(KPA) Toyo put safety signs at various places and provide workers with necessary PPE.

(JPC) KPA, the contractor/subcontractors and the consultant made joint safety patrol.

(JPC) A system to confirm work safety in safety patrol by site inspectors was established.

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(JPC) Inspectors are always keeping close watch on safety.

(JPC) Toyo repeatedly remind the workers of safe works in the daily tool box meeting.

(JPC) Toyo introduced Japanese way of safety management. The level of safety management improved closing to the level in Japan.

(JPC) Toyo conducts morning meeting in Japanese way, and it has become a routine to confirm daily points to be noted.

(JPC) Toyo is conducting both of general meetings and section meetings by works.

(JPC) Toyo is making workers pronounce points to pay attention for work and safety at the morning meeting.

(JPC) A staff in charge of safety from Toyo headquarters visits the site regularly.

(JPC) Toyo’s project manager often makes site tour by himself.

(TY) All site staff including the project manager involved site works deeply.

5. Safety

Education &

Enlightenment

(JPC) Education and monitoring to train workers was done very often.

(JPC) Toyo conducts education for newly hired workers thoroughly.

(TY) We conducted education for newly hired workers thoroughly.

(JPC) Local workers improved their capabilities in work skills as well as safety by Toyo’s

education.

(JPC) Toyo trained workers by daily instructions and monitoring.

(JPC) By putting signs of “Safety First” and providing T-shirts for improving safety awareness, Toyo is enhancing safety campaign activities.

(JPC) Toyo starts work with radio gymnasium at 7am and physical check of equipment operators.

6. Labour

Procurement &

Management

(KPA) Toyo is guiding site rules keenly when he hires subcontractors.

(TY) We have directly hired quite a few workers through labour supply companies.

7. Others (JPC) Communications between JPC and Toyo in the project is good.

(JPC) We are conducting information management of near misses and corrective actions.

(JPC) Conditions of climate and marine meteorology were good for construction.

(TY) The construction site was guarded thoroughly with barbed wire fence.

(2) Why-why Analysis of Factors for Successful Safety Management in Mombasa Port Development Project

Figure 4.3.1 shows the result of Why-why Analysis arranging remarks in Table4.3.1with the logics of

“results and causes”.

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Figure 4.3.1 Analysis of Factor of Successful

Safety Management

<Phenomenon> <Why-1>

Accident rate was low in the project

Safety awareness in the site was high.

<Why-2> <Why-3> <Why-4> <Why-5>

Safety management system functioned well

Safety management activities were conducted properly.

Construction has been done smoothly.

External environment of the project worked advantageously.

Improvement of workers’ safety awareness was done.

Safety awareness of Employer, Consultant and Contractor was high

Education for newly hired workers was conducted thoroughly.

Education and monitoring to train workers was done.

Make workers understand safety work using TBM.

Safety campaign activities were conducted.

Safety management system was established.

Construction plan for each stage including safety plan was made.

Cooperation between Consultant and Contractor was good.

Contractor worked on safety with eagerness.

Contractor made much of workers’ safety awareness.

Contractor observed requirements for safety.

The company culture of Contractor affected safety advantageously..

All site staff including the project manager involved site works deeply.

There was few difficult works in the project.

Awareness of workers for usual works was high.

Communications between Contractor and Consultant was good.

Management was relatively easy due to compact site area.

Conditions of climate and marine meteorology were good for construction.

The construction site was guarded thoroughly with fence.

Safety management was conducted introducing Japanese safety customs

Morning meeting was conducted effectively.

The contractor made method statements and safety plans by himself because the project was under direct hire system.

There was a necessity of security matters.

Workers were made to pronounce points to pay attention for work and safety at the morning meeting.

Japanese staff maintained tense feeling in the site by monitoring.

Japanese staff made much of working at the site than working in the office..

The project introduced Japanese way of safety management.

Importance of cleanliness and tidiness of site was emphasized thoroughly.

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4.4 Root Cause Analysis - Individual Accident Analysis

As shown in Table 4.1.1, only one fatal accident in this project as the grave accident. The accident differing

from ordinary occupational accident was that a worker went into the sea for heat (inferred) during a break and

was drowned.

The contractor had been conducting safety education, tool box meetings, patrol by watchmen and providing

signs for prohibiting swimming in the construction area and vicinities. As a result of investigation the

authority, the accident was concluded that it had no relation with the project thus it was not an occupational

accident. Immediately after the accident, the contractor conducted cause analysis and made countermeasures

for preventing similar accident. However it must be meaningful to conduct the root cause analysis by the

investigation team with the eyes of the third party.

The purpose of Root Cause Analysis can be described in three points as follows;

(1) To clarify management/organizational factors existing behind the accidents together with the direct causes

by analyzing accidents from various point of view.

(2) To propose recommendations on safety and to prompt all parties concerned in the project to make effort to

prevent occupational accidents by feeding back the result of the study.

(3) To contribute for preventing accident in Japanese ODA construction projects by recommending measures

to solve common safety problems in other similar projects.

4.4.1 Root Cause Analysis of Drowning Accident Occurred on 2014/02/26 (Reference)

1) The Accident

[Outline of the Accident] (Following information is based on the accident report submitted to JICA by the

consultant.)

On 26th February 2014, at about 07:30 a drowning body of Kenyan staff who was an assistant surveyor was

found at the site of placing steel pipe piles for the new container berth.

The incident was dealt as unexpected accident as the case characteristic was low.

[Sequence of Events]

・At 12:30, 25th February, the survey team suspended their works for lunch. The victim also left the site at

about 12:35.

・Work was resumed at 14:00. But the victim neither appeared on the site nor his cellular phone gotten through.

Co-workers looked for him the vicinities but could not find him. As he has done such behaviors once in a

while, they no longer continued searching him.

・Next morning at around 07:30, a staff who came for preparation of work found victim’s drowned body at

Berth 21, Block3. The staff immediately informed of the fact to the police of the site residence.

・At around 07:45, the victim’s folded cloths and ID card were found near the location the body was.

・The victim was wearing only underwear, and there was no external injury on his body recognized.

・Since 14:00 the day before, nobody knew the victim’s whereabouts and also nobody noticed the cloths.

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2) Causes and Countermeasures of Accident

In the first accident report submitted by the Contractor, the accident was judged as no case characteristics and

was not an occupational accident.

The followings are the result of study made on the assumption that it was a mere unexpected accident.

<Deliberated Causes>

(1) The victim went into the sea nearby and bathed taking independent action.

(2) He committed a rule violation that it is prohibited to enter the sea unnecessarily at the site of port

construction.

<Countermeasures to Prevent Similar Accident>

(1) Make all concerned with the project observe the project rules thoroughly.

(2) Raise observance awareness of the rules by making unsafe actions in the construction site clear and

enriching safety facilities such as sign boards etc.

(3) Make all workers confirm frequently the existence of risks and importance of safe action and behavior

using the tool box meeting or other occasions.

3) Root Cause Analysis and Study for Countermeasures

a) Understandings of the Objective Accident

[Progress Chart of the Objective Accident]: Omitted because of the simplicity of the accident.

The cloths were

The body was found. The team’s

The cloths The body

Superstructure

Berth 21

Figure 4.4.1 The Scene of the Accident

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b) Why-why Analysis

A worker drowned to death.

・The rule related with the unsafe actions during recess has been left unclear.

・ There was a blind spot in safety management in the project due to the insufficient risk prediction.

・Safety awareness of workers was low due to inadequate safety education.

➡NG(1)

➡OK

A worker drowned.

The worker was trapped in the deep at the water’s edge.

There were deep parts in the sea near the site..

There was nobody nearby.

The worker took independent action

Safety education for workers was not done adequately.

Observance of rules was not understood thoroughly.

Observance awareness was low on the project

Instruction of no-entry to the sea did not work

Risk prediction of the construction site was not enough.

➡OK

<Why-2> <Phenomenon> <Why-1> <Why-3> <Why-5> <Why-4>

Management /Organizational Factors:

Direct Causes: ➡OK：Normal Situation (Countermeasure is not necessary)

➡NG：Abnormal Situation (Countermeasure is necessary to prevent a recurrence of similar accident. )

The worker entered the sea during recess.

The worker committed a rule violation.

Figure 4.4.2 Pursuit of Root Causes by the Why-why Analysis Diagram

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Observance of rules was not understood thoroughly.

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c) Countermeasures against Direct Cause

Table 4.4.1 Provisional countermeasures to prevent recurrences of similar accidents

Direct Causes derived from Why-why Analysis (shown in yellow in the chart)

Countermeasure 1 Countermeasure 2 Countermeasure 3

1. The worker committed a rule violation.

Make all people concerned in the project observe rules thoroughly

Clarify prohibited acts during recess time and frequently confirm them at the tool box meeting.

-

2. Instruction of no-entry to the sea did not work.

Install more eye-catching sign boards in order to improve safety awareness.

Make all people concerned in the project observe rules thoroughly

-

3. The worker took independent action.

As the time incident took place was during the recess, no countermeasure is necessary.

- -

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d) Developing Management/ Organizational Factors

Accident during recess cannot be prevented.

Risk of acting independently during recess is not recognized by workers.

The rules of unsafe actions out of working time are not clear.

Unsafe acts of workers during recess cannot be eliminated

Awakening safety consciousness of workers has not been made routinely.

Observance awareness in workers was low in the project

Safety awareness of workers is low

Safety education for workers is not enough.

Tool box meeting is not functioning well.

Safety management is inadequate.

Risk prediction of construction site is not enough.

Safety facilities were not installed enough.

Awakening safety consciousness of workers has not been made routinely.

Management/organizational factors derived through “Why-why Analysis：

Result Cause

Figure 4.4.3 A Problem Tree Leading to the Accident (Management/Organizational Factors)

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e) Countermeasures for Management/Organizational Factors (1)

F1-1

Prevent accident during recess.

Make workers recognize the risk of acting independently during recess.

Make the rule of unsafe actions out of working time clear.

Eliminate unsafe acts of workers during recess

Awaken safety consciousness of workers routinely.

Make observance awareness of workers in the project high

Make safety awareness of workers high

Provide adequate safety education for workers

Improve tool box meeting to function well.

Improve safety management adequately.

Execute risk prediction of construction site properly.

Install safety facilities adequately.

Why How

F1-2

F1

F1-1-1

F1-1-2

F0

F3

F2-1

F2

F2-2

F3-1

F3-2

Awaken safety consciousness of workers routinely.

F1-2-1

Figure 4.4.4 Function Tree to Prevent Grave Accident (Management/Organizational Factor)

Convert the problems (in Problem Tree) by reversing to functions which are to be performed.

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f) Countermeasures for Management/Organizational Factors (2)

[Permanent countermeasures for the important functions]

In order to prevent similar accident from reoccurring, it is necessary to make countermeasures for

accomplishing the basic function (1st level); “Prevent accident during recess.” as shown in Figure 4.4.1.4

based on the 2nd level functions.

The function tree has a structure that when going down from the second level to the third and the forth, the

expression of function becomes more concrete and it tends to favorable to produce more concrete and realistic

ideas. On the other hand, when going up the levels, the expression becomes more abstract and suitable to

produce unique and creative ideas. It is recommended to create concrete and effective countermeasures to

achieve each function group represented by the second level of function making use of the characteristics of

function levels and producing wide range of ideas. (Figure 4.4.1.5)

The purpose of this report is not producing countermeasures for the specific accident, but providing

viewpoints to improve the safety management in the future project. Thus, the analysis in this report stops at

this point.

Figure 4.4.5 Function Tree and the Concept of Creating Ideas

F1-1-1

F0

F1

Basic Function

F1-1

F1-2

F2-1

F2-2

F3-1

F3-2

F1-1-2

F1-2-1

<1st Level Function>

F2

F3

Function Group

<2nd Level Function> <3rd Level Function> <4th Level Function>

Why How

Secondary Functions

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5-1

Chapter 5 Safety Seminar

The major purposes of this study were to collect the latest information on the legal framework, standards, regulations, etc. for occupational safety and health management in the host country, verify how the safety management was conducted as the construction works were actually done, analyze the causes of accidents, if any, in the construction work, and study how to prevent accidents in the future, and so on. Another purpose of this study was to feed back the results of the study thus conducted to all stakeholders in the construction project in the form of a seminar to help them make further efforts for the prevention of occupational accidents and public disasters in the future. 5.1 Seminar Outline (1) Configuration of the presentations In planning the seminar aimed to help the Project’s construction sites better prevent accidents in the future, we found it most effective for the local parties involved in the construction works if we present specific examples of particular efforts and attention made in Japan to ensure safety on construction sites. Further, we thought that, to make our proposals for the prevention of future accidents really effective, we should look not only at technical aspects (direct causes) of accidents, but also at how the safety management system, or even the project itself, is being run (indirect causes). Thus, in addition to proposals on how to prevent specific types of accidents, we made proposals on how to enhance the project management system itself, if we found rooms for improvements. Based on the above philosophy, we designed the presentations to be given in the field seminar to focus on five subjects:

(i) Presentation of the legal framework for occupational safety and health management in Japan (ii) Presentation of examples of efforts made to prevent accidents on construction sites in Japan. (iii) Presentation of the contents and purposes of the Guidance for the Management of Safety for

Construction Works in Japanese ODA Projects (iv) Results of the survey conducted by the study team on the safety management in the Project’s

construction sites; proposals for measures to be taken (v) Root cause analysis method; examples of application

(2) Participants, language, venue, etc. of the seminar We planned the seminar on the initial assumption that the participants would be 30 to 40 people from the parties concerned in the construction work (the employer, consultant, contractor, subcontractors, etc.). The venue of the seminar was chosen from cities that seemed easily accessible to these participants. In Kenya, we decided to hold the seminar in the city of Mombasa because the study concerned the Mombasa Port Development Project; the Employer (Kenya Port Authority (KPA)) was located in the port of Mombasa, and all parties involved in the construction work naturally operated in the port. As to the venue for the seminar, we used the meeting room of the KPA office, gratefully accepting the offer made by KPA. English was chosen as the language of the seminar and handout materials. Outline of the seminar Date : October 14, 2015, 10:00-11:30 Venue : Meeting Room, KPA office, Port of Mombasa

Attendees: 38 (2 from JICA, 10 from KPA, 2 from DOSHS Mombasa County, 10 from Toyo Construction, 11 from the port development consultant, 1 from other companies, and 2 from the study team (Those from Toyo Construction and port development consultant include those from their affiliates).

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(3) Seminar program Table 5.1.1 shows the program of the safety seminar held in Mombasa

Table 5.1.1 Program of the seminar (Mombasa)

Session /Time Presentation Title

Opening Address 10:00-10:05

Eng. D.O Amadi (Head of Projects Development & Management, KPA)

Session 1 10:05-10:25

Safety management framework at the national level in Japan, Kenya, and Japan’s ODA Projects

- Occupational safety and health management framework in Kenya and Japan - Occupational safety and health management framework in Japan’s ODA

Projects Fujio ITO, JICA study team member <Brief Q&A session>

Session 2 10:25-10:50

Safety management methodology in the Mombasa Port Development Project Toshio TAKEBAYASHI, JICA study team leader <Brief Q&A session>

Session 3 10:50-11:15

Root cause analysis of the Problems in the Mombasa Port Development Project Toshio TAKEBAYASHI <Brief Q&A session>

Closing Address 11:15-11:20

Eng. D.O Amadi

5.2 Presentation by the Study Team Shown below are the description of the presentations given by the study team, summarizing the purpose and gist of each one. The presentation materials used in the seminar are attached at the end of this report in Appendix. (1) Section 1 Safety Management Framework - at the National Level and in ODA Projects

(i) Occupational Safety and Health Framework in Japan Gave a general presentation on the occupational safety and health management services provided in Japan, focusing on the administrative framework, management systems, and how they are operated on construction sites, and so on. The presentation specifically covered the following subjects:

・ How the administrative systems for occupational safety and health management are operated by the Health, Labor, and Welfare Ministry and other national and local governments and agencies; what kind of roles the labor standard bureaus and the Labor Standards Act play in it;

・ How laws and regulations on occupational safety and health management are organized, what the provisions of the Occupational Safety and Health Act say;

・ How the number of deaths and injuries on construction sites in Japan has evolved since the 1950s; ・ In Japan, construction contracts are often closed, two-party relationships between the owner and the

contractor, giving the owner strong authorities in the supervision and audit of the construction work; ・ Relationship between the Industrial Safety and Health Act and the Detailed Regulations for

Enforcement of the Act;

・ Roles of the Occupational Safety and Health Management Systems (OSHMS) and the Construction Occupational Safety and Health Management Systems (COHSMS);

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・ How the COHSMS are operated; ・ How construction works are carried out in Japan; ・ Three major features of the Japanese systems of safety management on construction sites: the

presence of the Industrial Safety and Health Act; site visits by labor standard inspectors; and penalty imposed upon accidents;

・ Examples of safety manuals; safety instructions by work type correspond to provision numbers in the Detailed Regulations for Enforcement of the Occupational Safety and Health Act;

(ii) Occupational Safety and Health Framework in Kenya The framework of occupational safety and health management in Kenya was presented based on the results of a preliminary study in Japan and information collection in the field survey. ・ The result of classification of the ministries and agencies of the Kenyan central government, public

corporations and entities, etc. into those who are entitled to become the owner of a construction work and those who are not;

・ A summary of Kenyan administrative system centered around the Ministry of Labour, Social Security, and Services and other ministries and agencies and the role of the Directorate General of Occupational Safety and Health;

・ The legal system on occupational safety and health management in Kenya, as sorted out;

(iii) Framework of occupational safety and health management in Japan’s ODA projects Gave a presentation on the framework for OSHM in construction works carried out as part of Japanese overseas yen-loan projects. In individual construction works, the top priority is given to compliance with the laws and regulations of the host country. If the host government or owner of the construction work has its own guidelines on OSHM, the construction work is carried out in compliance with those guidelines.

(iv) Guidance for the management of safety for construction works in Japanese ODA projects Gage a presentation on the Guidance for the management of safety for construction works in Japanese ODA projects developed and published by JICA for construction works carried out by Japan as part of its overseas ODA projects. Also gave clarifications to questions that the readers might have regarding how to apply the guidance.

(2) Session 2: Safety Management Methodology in Mombasa Port Development Project

・ The execution system of the construction works (Relationships between the Employer, the Engineer, and the Contractor) for the Mombasa Port Development Project (Phase I);

・ The framework of construction work management (Relationships between E/N and L/A, contractual documents, field drawings, design drawings, and various procedures);

・ Involvement of organizations and other stakeholders of the project (JICA, KPA, DOSHS, NCA, etc.) ・ Classified the safety management activities according to whether they are aimed to ensure (i)

occupational safety or (ii) technical safety, and identified relevant support systems in place and provisions in contractual documents;

・ Compared the Guidance for the Management of Safety for Construction Works in Japanese ODA Projects with the texts and provisions of contractual documents for construction works of the Project;

・ Presented the progress of the construction works and the comparison of safety management activities with accidents and disasters that occurred in the Project,

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(3) Session 3: Root cause analysis for the issues of Mombasa Port Development Project

・ Presented the outline of root cause analysis and flow of analysis; ・ Explained external environmental factors contributing to the occurrence of accidents and disasters

and individual factors that may constitute such external environmental factors when the analysis is done for the Project;

・ Presented the results of a Why-Why analysis of the Project (grave accidents, analysis of factors that prevented disasters from occurring)

(4) Recommendations

・ Recommendations on how to raise workers' awareness about safety, how to make a safety-driven organization, how to develop and implement a safety plan, how to run safety management activities, how to deploy educational and training activities, and how to ensure worker's employment (looking also to Phase II Project)

・ As a safety-conscious proposal based on the findings made in this study, the team recommends that, for the Phase II Project to better ensure safety in the construction work, the project identify all elements necessary to ensure safety from the initiation stage of project (survey, design, cost calculation, etc.) and, through proposals to the Employer, make necessary provisions included in contractual documents for construction works;

・ Looking to Phase II, expressed the team's opinions about which of the contractual documents (the construction work contract, consultation contract, etc.) may left as they are and which should be improved or revised;

5.3 Summary of Questions and Answers

Shown below is the outline of the questions and answers exchanged between the lecturers and the audience at the

seminar.

Question 1 Question Regarding the S curve showing the progress of the project, what are the indicators (data) by

which to measure the progress of a construction work and based on which to study how to improve our OSHM?

Answer The OSHM teams for the project must be organized in the stage of the bidding or start of construction work. In the early stages of construction work, there isn’t much work and generally there aren’t many accidents, so people often think that they’ve already put a good project management system in place. But what will happen if you go into the busiest construction stage like that, with ever increasing workers and various types of work done at the same time and all over the site? Perhaps onsite engineers may handle the situation, but those in charge of OSHM (including the construction company and consultants’ safety officers) will have difficulties properly monitoring and inspecting all types of individual works at the same time. As new workers arrive on the site, the rate of workers having attended OSHM courses goes down and the risk of accident goes up. You have to anticipate such situations and study measures to address these issues from the early stage of the project.

Question 2

Question You said we should adjust the management system as the project progresses, but what I asked you is what are the indicators by which we can measure the progress of a construction work.

Answer That's money. The progress of a construction work is in correlation with the increase in number of workers and machines introduced. You can see how far you’ve come if you keep an eye on expenses incurred.

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Question 3

Question You said the DOSHS monitors construction works under a legal mandate, but could you tell me more specifically about that? I mean, how do they monitor accidents and disasters that happen on these sites? This is also a question I’d like to ask to the county safety officers who are present today.

Comments by participant

At the county level, we depend on accident reports from the owner (KPA). If the accident is of any level of gravity requiring the owner’s report, we’ll get them immediately. In addition, each owner has a system of general register on accidents and disasters. Depending on the gravity of the accident, the (DOSHS) county office performs onsite inspections and proposes countermeasures to take.

Answer In the Mombasa Port Development Project, the contractor posted supervisors many more than initially planned on its own initiative. In the Phase II, we should use human resources and budget sharing this experience and include necessary provisions in the contractual documents.

Question 4

Question I have two comments: ・ The first one is about the safety cost. What we saw in the Phase I was thanks to them

putting much money on supervision and developing a proper site management system. In the bidding, labor cost is calculated on an M/M basis, not on an hourly unit cost basis. The above result actually was of the fruit of efforts made at the site level.

・ The second comment I’d like to make is that we should do an analysis of how each project participant benefits from successful OSHM. If they know what kind of OHSM work brings what kind of benefit, they’ll be more motivated, for example, in working overtime.

Answer If laws and regulations are implemented rigorously, contractors have no choice but to comply, so the government should continue enhancing the relevant legislation. Meanwhile, on the site side, too, we should keep making our own efforts to enrich contractual documents. It costs hardly anything to enhance contractual documents used onsite. In this project, for example, to make use of the Phase I experience in the Phase II in the form of specifications for construction works, it doesn’t cost any more than the cost for hiring one more safety officer at the consultant.

Question 5

Question I’d like to hear your opinion about what we can do to improve OSHM in the Phase II. Answer OSHM is an integral part of site management. The engineers educate site workers from

technical and OSHM points of view, independently from safety officers. The guidance safety officers give is limited to OSHM (by definition). The engineers, including the PM, monitor the site operations as a whole from a comprehensive point of view. This is the key to succeeding in site management of this project.

Question 6

Question Does JICA have some OSHM-related guidelines and the like consultants can refer to? Answer Yes, there’s one entitled “Safety Management Guideline” and a couple of other

OSHM-related guidelines and reports. The best reference to that matter, however, is Phase I project.

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5.4 Seminar Scene (in Mombasa)

Photo 5.4.1 Seminar Scene

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Chapter 6 Recommendations

6.1 Characteristics of Construction Works in Overseas Projects

It is virtually impossible to prepare a universal and systematic manual for construction management which can

be used repetitively due to the basic features of construction works in ODA projects (i.e. overseas projects).

Hence, in many cases it is necessary to prepare a set of construction management plans for individual projects

taking account of various external factors and finally to take such measures as the occasion demands on site.

Table 6.1.1 Characteristics of Construction Works in Overseas Projects

Characteristics of Construction Works in ODA Projects

Basic Features

# Single Production: Even if the donor, recipient country, employer and project scale are the same, due to the variety of site conditions, the structure and dimensions of the works turn to be unique. # On-Site Production: Since the works are carried out on site, works are often implemented under severe environmental conditions and temporary conditions. Since the project sites are abroad, it is often more difficult than in Japan for the contractor to grasp the site conditions in advance. # Production By-Order: Unlike manufacturers, the construction works start only after getting an order from

the employer in a recipient county. Prior to making the contract, the contractor should agree with the employer on the construction method and cost worked out based on the terms of reference prepared by the employer. Further details of construction method including the organization are determined after the award of the contract.

Influential External Factors

The primary objective of the work is to properly execute the contract between the employer and the contractor, where the contractor tries to maximize the profit under the constraints imposed by various external factors. ① Natural Conditions (topography, geology, weather, hydrology, etc.) ② Social Conditions (local laws & regulations, rights, living environment, markets, transaction, transportation, communication, social facilities, construction resources, labor employment, insurance system, etc.) ③ Technical Conditions (local materials quality/function/standards, construction standards, measurement standards, scientific knowledge on pollution/environment/safety, construction equipment, etc.) ④ Employer Conditions (contract documents, specifications/construction period/cost of works, construction method, equipment/materials, etc.) ⑤ In-house Conditions (organization, rules & regulations, construction experience, preceding work

results, approved policies/plans, etc.)

(Source: prepared by the Consultant with reference to “System & Procedure of Civil Construction Works”）

6.2 Lessons and Recommendations

Considering the characteristics of construction works in ODA projects mentioned above, lessons obtained in

the project are summarized in five categories、such as Local Situation, Planning/Design, Tender/Contract,

Construction, Accident Report.

(1) Local Situation

a. Laws and regulation on occupational safety and health (OSH) are well established in Kenya. However,

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the OSH regulating body, Directorate of Occupational Safety and Health Services (DOSHS), is working

mainly in the field of the manufacturing industry due to its organization and budget constraints, and the

administrative power of DOSHS on occupational safety and health in the construction industry is limited.

Consequently, management of OSH in construction works should rely on the Employer’s supervision and

the site management framework of each project on a project basis.

On the other hand, National Construction Authority (NCA), established to supervise the construction

industry and coordinate various participants in the industry for its development, is supposed to be the

agency which oversees “safety of works” in construction works. However, being still a new organization,

NCA has not successfully secured its position in the public infrastructure construction management

framework, and is mainly dealing with private building works which are more exposed to the public.

Consequently, management of safety of works in construction works should also rely on the Employer’s

supervision and the site management framework of each project on a project basis.

Table 6.2.1 Upstream Management of Safety in Construction Projects(Source: Study Team)

In short, it appears that in reality the binding effect of the act on occupational safety and health is weak,

and consequently, safety in construction works should rely on the site management framework of each

project.

With regard to the safety management in construction works, it is necessary to have not only a

contractual framework project by project, but also a national legislative framework like the occupational

safety & health law in Japan. Moreover, it is recommended to make the occupational safety & health law

consistent with the construction and the tender laws compatible to enhance the effectiveness of the laws.

There are a number of occupational safety and health management system, such as an internationally well

recognized OHSAS18001, COHSMS (Construction Occupational Health and Safety management

System) tailor-made for contractors in Japan, and “the Guidance for the Management of Safety for

Construction Works in Japanese ODA Projects” prepared by JICA. It is recommended that the relevant

agencies make use of these systems to supplement the national legislative framework and contractual

framework, as/if necessary, getting assistance from ODA donors.

b. The infrastructure market is rapidly developing in Kenya, and both the quality and the quantity of local

contractors and skilled workers are having difficulties to catch up. Hence, for special works, foreign

KPA JICA DOSHS NCA

Occupational Safety & Health Workers ✔✔ ✔ ✔

✔✔ ✔ ✔ ✔

Quality ✔✔ ✔ ✔

Schedule ✔✔ ✔

Cost ✔✔ ✔

Safety

Project Agencies/

Donors

Reguratory Agencies

in KenyaProject Targets

Relevant Organizations

Safety of Works (technical) Structures

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contractors should employ foreign subcontractors, and for general works, execute the works on a trial &

error basis to suit the situation surrounding the project.

Since the further economic development is expected in Kenya, which will lead to more construction

demands, it is recommended to enhance the capacity of human resources in the construction industry. It is

recommended that donors form ODA construction projects as well as capacity development projects

strategically with a view to providing opportunities for local authorities and contractors continuously/

systematically train local contractors and workers.

c. In the safety management of this project, the security of project staffs has been cared equally with the

safety management of construction works. Unfortunately, since enhancement of security for the project

was conducted after the commencement of works, it increased the Contractor’s burden more than

expected.

In Mombasa region, a number of large-scaled projects are being prepared, such as Mombasa Port

Development Project Phase 2, Mombasa Port Area Road Development Project、Mombasa Port Gate

Bridge Project, and Mombasa Economic Zone Development Project. In the project formation of those

projects, it is recommended to design a more contractor-friendly framework based on discussions on the

security issue with Kenyan Government and each project owner referring to the data/experience gained in

this project (Mombasa Port Development Project Phase 1).

(2) Planning/Design

a. In the planning/design of future ODA projects at Mombasa region, it is recommended to incorporate into

the project framework adequate measures to cope with the procurement and security problems as

encountered in this project to provide a better safety environment to the contractors. Recent occupational

safety and health acts and KPA’s safety, health and environment management regulations are to be

incorporated into the contract documents for Mombasa Port Development Project Phase 2.

Figure 6.2.1 Toward Preparation of Bidding Documents for MPDP Phase 2 (Source: Study Team)

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b. Usually safety and quality management is perceived to be a matter for which the contractor is primarily

responsible. In ODA construction projects, in addition, actions taken by the employer, the donor and the

consultant supporting them at the upstream side are equally important.

At the stage of project planning/design, the employer, the donor and the consultant shall foresee/overlook

the situation where the project will be placed during construction together with the risks accompanied to

prepare a suitable framework and contract documents to deal with those risks, after which they shall

entrust the construction works to the contractor. This approach could make the external environment of

the construction in order, and lead to smooth implementation of works as well as promotion of safety.

At the planning/design stage of Yen loan projects, the Employers/JICA/consultants are encouraged to

refer to “Guidance for the Management of Safety for Construction Works in Japanese ODA Projects”

which provides standard safety management conditions. The Guidance could be useful reference for the

Employers/JICA/consultants who are not very familiar to the site practice rather than for contractors who

has sufficient experience on overseas construction projects.

It is recommended that the consultant at the project formation stage develop “a list of points to be

included at the design stage concerning safety management requirements”, and thereafter the design

consultant, in consultation with the Employer, to build such points in the design documents.

Figure 6.2.2 ODA Construction Project Flow and Management of Cost Estimation/Contract/Quality/Safety

(Source: Study Team)

Phase <Employer> <Consultant>Management of

Cost Estimation/Contract/Quality/Safety

Contract

Management

(Implemen‐

tation)

<Contractor>

Quality

Management

Safety

Management

(Implemen‐

tation)

Quality

Management

Safety

Management

(Contractor's

Framework)

Quality

Management

Safety

Management

(Employer's

Framework)Contract

Management

(Employer's

Framework)

Cost

Estimation

Management

(Implemen‐

tation)

Operation

Assessment/

Data Archiving

Assessment/

Data Archiving

Cost

Estimation

Management

(Data

Collection)

Repairing

PQ Submission/Tender

Planning

Construction

Fix the Target Budget

Construction

Completion/Handover/

Settlement

Study &

Design

Cost Estimation


Completion Certification/Settlement

PQ Evaluation Docs.

Tender Docs. (Invitation, Design, Draft Contract)

Project Plan

Conceptual Plan

Preliminary Study

Tender/

Contract

Tender

Preparation

Preliminary Design

Feasibility Study

Design Documents

(Specs., Drgs., BOQs, etc.)

Detailed Design

Inspection/Maintenance

Reparing

Construction Contract

Construction Planning

(Quality, Schedule, Safety,

Cost)

After

Completion

Fix the Budget

PQ/Tender


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(3) Tender/Contract

a. There is no detailed/concrete description is provided on the Consultant’s role on safety management in

the consultancy contract. The budget and organization for safety management was prepared on that

basis. Ideally the construction contract documents and/or specifications prepared by the Consultant’s

design team should have described in detail the role of the Consultant’s construction supervision team.

However, maybe due to the predetermined budget constraints, it was not the case, and consequently a

sufficient number of personnel was not assigned to safety management works.

It is recommended that the Consultant contract in Mombasa Port Development Project Phase 2 make

the scope of works, organization and budget consistent getting feedback from the lessons gained in

Phase 1.

b. In interviews with project staffs, it was heard that the construction contract of the project contain certain

ambiguities in conditions of contract, specifications and BOQs.

It was learnt that the Consultant in charge of design and construction supervision of Phase 2 will be the

same as the one in Phase 1. It is recommended to take adequate measures not only to the problems

stated in (2), but also to the above contract documentation problems.

(4) Construction

<Re. Consultant>

a. It was observed that the presence of the Consultant was not much noticeable in the project safety

management system in terms of occupational safety and health, safety of works and security. Taking

account of the Consultant’s confirmation in the interview that its position as the Engineer’s

Representative (the Employer is the Engineer) does not affect his performance of works at all, such low

presence could be attributable to the terms of reference, organization and/or budget. Suitable arrangement

in Phase 2 is recommended.

<Re. Contractor>

a. Digging further the analysis results presented in Article 4.3 (2) of Chapter 4, it could be inferred that the

following 3 external environmental factors have contributed to the outstanding result in safety

management in this project, despite its large-scale with a contract value of more than JPY 20 billion and a

long contract period of 4 years,

① Of the construction period the first half was spent mainly for offshore (marine) works and the

second works for onshore works. Since local staffs are unable to handle marine works, those works

were handled by Japanese/Filipino staffs directly employed and some other staffs from Singapore.

Few accidents occurred during such period.

② In the onshore works, the Contractor could not help implementing the works directly supervising

workers due to local subcontractors’ low capability. Moreover, since most of workers were

inexperienced, the Contractor could not help supervising/training/monitoring workers very closely

every day on site. This arrangement generated a system which enables experienced

Japanese/Filipino staffs to keep their eyes on workers on safety as well.

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③ To cope with the highly alarmed security problem, the work area had to be totally enclosed by

fence and provided with intensive guard in the area and at the gate. Secondary effects gained by

such arrangement were prevention of intrusion of outsiders, prevention of workers’ unfavorable

behavior, disciplined traffic management in the area, etc., which contributed to the safety

management of work area. In other words, the work area of this project was “fully under control by

a Japanese contractor”.

To be pessimistic, in future projects to be implemented in the same region, there is no assurance of

repeatability of the causes & effects relationship concerning the above factors, since the achievement of

safety in this project is highly dependent on personal efforts made by construction staffs daily. It is

particularly true in ② above.

This is the issue to be carefully studied in the planning/design of future projects to provide reasonable

solutions in the bidding.

(5) Accident Report

a. It was learnt that at the starting of the project the accident reporting procedure (to the Employer, to JICA)

including the threshold of reportable accidents was not fully notified/confirmed by the Consultant, and

three and a half years of time elapsed until the Study Team visited the project. Consequently, the project

stakeholders missed opportunities to share the 37 accident/incident reports (19 occupational & 18

equipment) in a timely fashion, though most of them are in minor nature fortunately. Improvement in

Phase 2 is recommended.

b. <Accident Cause Analysis and Laws/Regulations>

In ordinary ODA projects,

- capability of the main players of the project is confirmed in the process of project development; the

Employer’s capability through the project formation process and the Consultant’s /the Contractor’s

through the PQ/tender process.

- FIDIC standard conditions of contract has a provision that local laws/regulations are to be abided by.

Consequently, the daily safety management system of ordinary ODA projects is supposed to be a system

where local laws/regulations are built in the conditions of contract and/or the contractor’s various plans.

In the system, in other words, any insufficiencies/inadequacies in the local laws/regulations concerning

construction safety management are to be supplemented/corrected in the construction contract prepared

by the Employer/Consultant, further improved in various plans prepared by the Contractor and thereafter

adjusted during the implementation by the Contract finally to ensure the final/overall satisfaction.

This safety management system could be working within the framework of ODA project contract/

construction management without involvement of government officers of relevant agencies.

Under such circumstances, Why-Why analyses of construction accidents could not pick up administrative

problems at the national level alone, but does pick up those problems in the combined system including

the site factors such as the conditions of contract and the contractor’s plans, while a Why-Why analysis

conducted to “insufficiencies/inadequacies of safety management provisions in the contract documents”,

could derive administrative problems at the national level.

6-6

Appendices


Appendix-2 Organization Charts



–

Workman’s

–

(Monthly Report: Item 3-2 (3) Safety Construction

Works)

Appendix2 Organization Charts


<Mombasa Port Development Project>

Safety Review Study of On-Going ODA Loan Project

in Kenya

14 October 2015

Kenya Ports AuthorityJapan International Cooperation Agency

Landtec Japan Inc.Infrastructure Development Institute

9:30 – 10:00: Registration10:00 – 10:10: Opening Address KPA10:10 – 11:50: Seminar JICA Study Team (Mr. Toshio Takebayashi / Mr. Fujio Ito)----------------------------------------------------------------------------------------------------------------------------------------------

Introduction

Section 1: Safety Management Framework - at the National Level and in ODA ProjectsOccupational Safety and Health Framework in Kenya and JapanOccupational Safety and Health Framework in ODA Projects

<Q&A (brief)>

Section 2: Safety Management Methodology in Mombasa Port Development Project

<Q&A (brief)>

Section 3: Root Cause Analysis for the Issues of Mombasa Port Development Project

<Q&A>----------------------------------------------------------------------------------------------------------------------------------------------11:50 – 12:00: Closing Remarks KPA

<Seminar Programme>

Section 1

Safety Management Frameworkat the National Level and in ODA Projects

1.1 Occupational Safety and Health Frameworkin Japan

Ministry of Health, Labour and Welfare

Labour Standard Bureau

L.B. Labour Bureau -Prefecture Level-

State

Local Government

Ministry of Land, Infrastructure, Transport and Tourism

Labour Standards Inspection Office

Japan Construction Occupational Safety & Health Association

Japan Industrial Safety & Health AssociationSpecial Private Corporation

under the auspices of Min. of Health, Labour and Welfare

Kanto R.D.B.

R.D.B. : Regional Development Bureau

Kinki R.D.B.

Tohoku R.D.B.

Kyushu R.D.B.

Hokkaido L. B. Aomori L. B.

Akita L. B. Iwate L. B.

Total 47 : Prefectural Labour Bureau

Region

Central Government

Setting up frameworks for bidding/contract proceduresHolding certification exams such as technic for management of civil

engineering worksDrawing up standards for construction or civil engineering works cost

estimation, etc.

Ordering public worksSupervision/inspection/performance evaluation of public works

Occupational Safety & Health Services in Japan Administrative System

Branch offices under auspices of MHLW. Each office is in prefectural government.

Occupational Safety & Health Services in JapanOSH Relevant Act Framework

The Constitution of Japan

Labour Standards Act 1947

Industrial Safety and Health Act1972

Working Environment Measurement Act 1975

Pneumoconiosis Act1960

Special Protection Act for Silicosis, etc.1955

Revised Pneumoconiosis Act1977

Revised Factory Act1923

Factory Act1911

Act on the Prohibition of Manufacturing Yellow Phosphorus

Matches1921

Features of Industrial Safety and Health Act of Japan

Purpose To secure the safety and health for workers

Executor Employer/Project Operator

Protection Target Worker

Contents of the ActCompulsory enforcement of measures for the prevention of dangers or health impairment as minimum standards through implementation of penalty

Compliance StructureEnforcement by the Labor Standards Inspector authorized with judicial and police powers

Occupational Safety & Health Services in JapanOSH Relevant Act Framework

2000 20101990198019701960

Fatality No. Casualty No.FatalitiesCasualties

2000

4000

6000

8000

10000400,000

300,000

200,000

100,000

00

Lost-worktime injuries more than 8 days

Lost-worktime injuries more than 4 days

Enactment of “Industrial Safety and Health Act” in 1972

Occupational Safety & Health Services in Japanp y pTransition of the Numbers on Fatalities/Casualties es at t at Workplaces, Japan

In KPA projects, more than 3 days lost-worktime injuries must be reported.

in Japanese

Contractor

: contract-based relation

ClientConstruction

supervision

ConsultantSupervision

Contractor

Client

The Engineer

Supervision

Contractor

ClientEngineer

In-house Engineer

Supervision

FIDICConstruction supervision

by The Engineer

In the case “In-house Engineer” plays rolesas the Engineer

Comparison of Contract System in Japan and in the FIDIC world

Reporting

Particular Specifications for the Projectby the implementing agency (the

Employer)

Safety Plan, Quality Plan, RiskManagement Plan, Method

Statements, etc. for the Projectby the Contractor

The Guidelines on Occupational Safetyand Health Management Systems (ILO-

OSH 2001)by ILO

transplantongoing

Industrial Safety and Health Laws &Regulations

in Japan

Project in JapanInternationally

recognized standards

General Conditions of Contractby FIDIC

Occupational Safety and HealthManagement System (OSHMS)

by Ministry of Health, Labour andWelfare, Japan

Construction Occupational Health andSafety Management System (COHSMS)

by Japan Construction OccupationalSafety and Health Association

Occupational Safety and HealthManagement Systems

by Japanese construction companies

General Specifications, Guidelines,Manuals, etc.

by the reguratory agency & theimplementing agency (the Employer)

Occupational Safety & Health Services in JapanOSH Management Frameworks

Article 1 PurposeArticle 2 PurposeArticle 3 DefinitionsArticle 4 ScopeArticle 5 Release of Safety and Health PoliciesArticle 6 Incorporation of Workers’ Opinions in Safety and Health MeasuresArticle 7 Establishment of an OSHMS Implementation StructureArticle 8 DocumentationArticle 9 RecordsArticle 10 Risk Assessment and Control MeasuresArticle 11 Establishment of Safety and Health ObjectivesArticle 12 Formulation of a Safety and Health PlanArticle 13 Implementation of Safety and Health PlansArticle 14 Responses to EmergenciesArticle 15 Routine Monitoring, Improvements, Etc.Article 16 Investigation of Causes of Industrial AccidentsArticle 17 System AuditsArticle 18 Management Review

ForewordIntroduction1. Objectives 2. A national framework for occupational safety and health management systems

2.1 National policy2.2 National guidelines2.3 Tailored guidelines

3. The occupational safety and health management system in the organizationPolicy3.1 Occupational safety and health policy 3.2 Worker participationOrganizing3.3 Responsibility and accountability3.4 Competence and training3.5 Occupational safety and health management system documentation3.6 CommunicationPlanning and implementation3.7 Initial review3.8 System planning, development and implementation 3.9 Occupational safety and health objectives

Hazard prevention3.10.1 Prevention and control measures3.10.2 Management of change3.10.3 Emergency prevention, preparedness and response3.10.4 Procurement3.10.5 Contracting

Evaluation3.11 Performance monitoring and measurement

3.13 Audit3.14 Management reviewAction for improvement3.15 Preventive and corrective action3.16 Continual improvement

GlossaryBibliographyAnnexFigures

3.10

3.12 Investigation of work-related injuries, ill health, diseases and incidents,and their impact on safety and health performance

ILO-OSH2001 OSHMS COHSMS

InternationalLabour Office

Ministry of Health, Labourand Welfare, Japan

Japan Construction OccupationalSafety and Health Association

Occupational Safety & Health Services in JapanGuidelines for OSH Management Systems

1 Purpose2 Intent3 Definitions

3.1 Construction Occupational Health and Safety Management System3.2 Construction Workplace3.3 Contractor3.4 Business Office3.5 Project Site3.6 System Audit

4 Scope5 General Requirements in Establishing COHSMS

5.1 General Requirements at a Business Office5.1.1 Declaration of Health and Safety Policy5.1.2 Feedback Employees' Opinions in Health and Safety Measures5.1.3 Establishing an Organization for COHSMS5.1.4 System Education and Training5.1.5 Evaluation of Subcontractors' Health and Safety Management Capabilities5.1.6 Documentation5.1.7 Records5.1.8 Investigation of Risks and/or Hazards and Determination of Countermeasures5.1.9 Adoption of Health and Safety Targets5.1.10 Formulation of a Health and Safety Plan5.1.11 Implementation of a Health and Safety Plan5.1.12 Measures for Emergency Situations5.1.13 Routine Inspections and Improvements etc.5.1.14 Investigating Causes of Industrial Accidents etc.5.1.15 System Audits5.1.16 Revisions to the system

5.2 General Requirements at a Project Site5.2.1 Declaration of Project Health and Safety Policy5.2.2 Feedback Employees' Opinion in Health and Safety Measures5.2.3 Ensuring understanding about an Organization for the system5.2.4 Evaluation of Subcontractors' Health and Safety Management Capabilities5.2.5 Documentation5.2.6 Records5.2.7 Investigation of Risks and/or Hazards and Determination of Countermeasures5.2.8 Adoption of Project Health and Safety Targets5.2.9 Formulation of a Project Health and Safety Plan5.2.10 Implementation of Project Health and Safety Plan5.2.11 Measures for Emergency Situations5.2.12 Routine Inspections and Improvements etc.5.2.13 Investigating Causes of Industrial Accidents etc.

Occupational Safety & Health Services in JapanConstruction Occupational Health and Safety Management System (COHSMS)

COHSMS

Labour Standards Inspection Office(Labour Standards Inspector)

Safety & Health Control Officer

Contractor Safety & HealthManager

Safety Manager/Health Manageror (Safety & Health Promoter)

Industrial Physician

Employer

Safety & HealthManager

Primary Subcontractor


SecondarySubcontractor


SecondarySubcontractor


Primary Subcontractor

Contractor

Typical Framework for Safety Management in Construction Projects in Japan

Laws and Regulations on Occupational Safety and Health in Construction Works

(judicial police officials)

Features of Safety Management Framework in JAPAN

Industrial Safety and Health Act; LawVery strict law with detailed enforcement regulations, rules.

Strict Monitoring System for Workplaces; Monitoringby the Labour Standards Inspectors authorized with judicial and police powers

Suspension of Bidding Qualification for Contractors; PenaltyRestriction for next bidding opportunity if one contractor caused a fatal accident/serious accident. -Up to several months.

SAFETY AND HEALTH MANUALIN CONSTRUCTION

Chubu Regional Development BureauMinistry of Land, Infrastructure, Transport and Tourism

Japan

SAFETY AND HEALTH MANUALIN CONSTRUCTION

Table of Contents

Items with * are illustrated hereinafter

**

*

*

*

*

EXAMPLE - 1

1.2 Occupational Safety and Health Frameworkin Kenya

Min. of Labour, Social Security and Services

Min. of Transport and Infrastructure

Min. of Environment, Water and Natural Resource

Min. of Lands, Housing and Urban Development

Min. of Energy and Petroleum

Min. of Mining- Kenya Airports Authority (KAA)- Kenya Ports Authority (KPA)- Kenya Railways Corporation (KRC)- Kenya Maritime Authority (KMA)- Kenya National Highways Authority (KNHA)- Kenya Urban Roads Authority (KURA)- Kenya Rural Roads Authority (KRRA)- Kenya Water Resource Management Authority (WRMA)

Min. of Devolution and PlanningMin. of Defense

Min. of Foreign AffairsMin. of Education

Min. of Health

Min. of Information, Communication and Technology

Min. of Agriculture, Livestock and Fisheries

Min. of

Min. of

Who could be implementing agencies of civil works?

Ministries: Authorities/Corporations;

Occupational Safety & Health Services in Kenya Government Organizations

Dept. of Labour

National Industrial Training Authority (NITA)

Directorate of Occupational Safety and Health Services

(DOSHS)

Dept. of Children Services

Productivity Centre of Kenya (PCK)

Directorate of National Human Resource Planning and Development

National Employment Bureau (NEB)

National Council for Persons With Disability (NCPWD)

Min. of Labour, Social Security and Services

Offices of the Registrar of Trade Unions

Dept. of Social Development

Social Protection Secretariat

National Council for Children Services

Semi-Autonomous Government Agencies (SAGAs)

The functions of DOSHS: inspecting workplaces to ensure compliance with OSHA 2007 ( 2012? ;investigating occupational accidents and diseases, with a view to preventing their recurrence;measuring workplace pollutants for the purposes of instituting control measures;carrying out medical examinations and surveillance of workers’ health;providing training on OSH;disseminating information on OSH to employers, employees and other interested persons;approving architectural plans of buildings intended for use as workplaces;ensuring that employees who are injured in the course of their employment are compensated in accordance with the provisions of WIBA 2007 ( 2012? ; and instituting and conducting legal proceedings against those responsible for non-compliance with the provisions of OSHA 2007 ( 2012? .

Source National Profile on Occupational Safety and Health. Kenya, (2013) by ILO

In KENYA, The Directorate of Occupational Safety and Health Services (DOSHS), a department within the Ministry of Labour, is responsible for OSH services in the countryAutonomous Government Agency (AGA)

National Social Security Fund (NSSF)

Principal Organization for OSH Services in KENYA

National Construction Authority (NCA)

National Advisory Council on OSHMin. of Lands, Housing and Urban Development

-Labor Institutions Act, 2007 (revised in 2013)-National Social Security Fund Act, 2007 (revised in 2013)-Industrial Court Act, 2007 (revised in 2011)-Industrial Training Act, 1983 (revised in 2012)-Employment Act, 2007 (revised in 2014)-Labor Relations Act, 2007 (revised in 2012)

-Occupational Safety and Health Act, 2007 (revised in 2012)To secure the safety, health and welfare of people at work, and to protect those not at work from risks to their safety and health arising from, or in connection with, the activities of people at work.

-Work Injury Benefit Act, 2007 (revised in 2012)To provide compensation to employees for work-related injuries and diseases contracted in the course of their employment, and for connected purposes.

DOSHS enforces the Occupational Safety and Health Act (OSHA) and the Work Injury Benefits Act (WIBA) were enacted in 2007, and are now the principal laws that govern OSH in the country. There are other laws that touch on OSH, but they are managed by other government ministries and corporations.

- Safety and Health Committees Rules, 2004- Medical Examination Rules, 2005- Noise Prevention and Control Rules, 2005- Fire Risk Reduction Rules, 2007- Hazardous Substances Rules, 2007

For the factories and other places of work;

For the factories;- Woodworking Machinery Rules, 1959- Docks Rules, 1962- Cellulose Solution Rules, 1964- First Aid Rules, 1977- Eye Protection Rules, 1978- Electric Power Special Rules, 1979- Building Operations and Works of Engineering

Construction Rules, 1984

Acts Rules

Occupational Safety & Health Services in Kenya OSH Acts/Rules in Kenya

1.3 Occupational Safety & Health Frameworkin ODA Projects

The Guidelines on Occupational Safety and Health ManagementSystems (ILO-OSH 2001) by ILO

General Condition of Contract by FIDIC

Industrial Safety and Health Acts & Regulations in the

recipient countries

Occupational Safety and Health Management Systems

by Ministry of Labour

Occupational Safety and Health Management Systems

by local construction companies

E/N & L/A for the Projectby the Donor and the recipient

country

The Donar's Requirements for Condition of Contract

by the Donor

General Specifications, Guidelines, Manuals, etc.

by the regulatory agency & the implementing agency (the Employer)

Particular Conditions of Contract, Particular Specifications, Bill of

Quantities etc. for the Project by the implementing agency (the

Employer & the Consultant)

Safety Plan, Quality Plan, Risk Management Plan, Method

Statements etc. for the Projectby the Contractor

Framework of Construction Safety and Health in ODA Loan Project

Internationally recognized standards ODA Loan Project

Guidance forGuidance forThe Management of Safety for Construction Works yafety f

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Chapter 6: Technical Guidance for Safe Execution (by the Type of Accident)

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Q & A for the Guidance

1.. Is English version of the Guidance available?

-- YYES

2.. When will the application of the Guidance commence ?

Grant projects: alreadydy startedGrant projects:Yen Loan projects:

alrw ill

dyy stttttartedreadll judge/ decide at the project formation stagewwwwwwwwwwwwwwwii

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3. In case the Guidance is used as a part of tender documents, what is the priority of eachIn case the GIdocument?

-- I t is not envisaged to use the Guidance as a part of tenderer documentsts,- II tbut

not envisagedis nut to assume the

to use thd tborrower

Guidance as a part of tendeer dooooocumentthe Ger to prepare the tender documents taking

tss,gggggggg accountnt of the localal lawsbbbbbuuuuuutt

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ddddd regulations as well as respecting the spiriteeeeennnnnndddditttttt of

dddddooooocccccuuuuummmmmmmmmeeeeennnnnnnttttttssssss ttttttaaaaaddeeeeerrrrdddddooffffffff the guidance.

4. If ffffIffI the guidance is not directly used as a part of the tender and/or contract documents, 4.. IffffffffIffI he gugggggggggggggggg idance is not directly uthhow/where the safety control

ctly uro -

sed as a ppppppppppppppart of the tender and////or contract documentsustlyyyyyyyyyyyyyyyy uollllllllllllllllllllllllll related information is incorporated in the documents;

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Specification, Employer’s requirements or Safety Plan?

- I t is assumed the safety control requirements are incorporated in thehe specificationonnnnnnnnnnnnnn.- I ttttThe

ssumed the safety control requirements are incorporatis asheeee significance of the safety plan w ill remain unchanged.

5. How to state the safety guidance requirements in the minutes of discussions signed by JICA and 5. HHowowowww to state theeee sassssss fefeeetyy ggggguidanceee rerrr quqqqq iremeneeee tsthe borrower at the loan preparation stage?

Template for the TOR for DD/CS consultant regarding the safety guidance?

Standard method as to how to deal with the guidance in tender/ contract documents?

How to reconcile with local safety & health laws/regulations and/or criminal laws in the HoHHH w to recececece oncile witititith loborrower’s country?

Any influence on the contractor’s all risk insurance and/or the DD/CS consultant’s professional AnAnAnyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyy inflllueuuuuuuu ncncncncn e on thee ccccoindemnity insurance?

-- JJICACA ww ill build consensus w ith the borrower on the follow ing pointsntsssssssssssssssssssssssssssss:

To include safety requirements w ith reference to the borrower’s local laws/ standards andTo include safety requirements w ith reference to the borrower’s local laws/ standards anthe safety control guidance, and, as necessary, international safety standards such asthe safetyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyy control gggggguidance,,,,,,,,,,,,,,,,,,,,,, and,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, as necessainternational organizations’ safety guidelines

inaryyyyyy,,,,, iesssssssssssssssssssssssssssssss.

To confirm, at the consultant’s review stage, the above requirements are met in theTo confirm, at the cotender documents.

6. Are there any differences between STEP and ordinary Yen loan projects in terms of the Guidanceceeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee?

-- There are no particular differences.

7. Any influence to payments to the contractor regarding the Guidanceceeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee?

-- Whether or not conforming w ith the guidance may not affect payments to the contractor.

8. Will incorporation of the guidance requirements into BOQ be obligeddddddddddddddddddddddddddddddddddddddddddddddedddd?

- I t is expected that the expenditures related to the safety control requirements set out by the- IIIII t is expected that the exppenditures related to the safety control requirements set out byyyyy theEmployer and the Consultant in other parts of tender/ contract documents w ill be included inEEEmmmmppppplooooooyyyyyyeeBOQ.BBOOOOThe

OOOQQQQQQ.hheeee guidance itself w ill not be incorporated directly.

9. Are there any differences between STEP and ordinary Yen loan projects in terms of the guidanceceeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee?

- There are no particular differences between two loan schemes.---

TThere are no- TDissemination

ticular differences between two loan schemes.parton of the guidance w ill be conducted through safety control seminars by JICA or- DDDDDDisssssssseeeemmmmmminnnaaaaaattiooooooonnn oooooofffffff tthhheeee gggggggguuuuuuiddddddaaaaaannncccceeee wwwwwwill bbbbbbeeee ccccoooooonnndddddduuuuuuccccttteeeedddddd tthhhrrroooooouuuuuugggg

loan negotiation w ith the borrower on new projects.llooIn

nneeeeggggggoooooottooooooaaaaaannInn principle,

ooonn www itthh ttthhtiaaaaaatttttttiooooeee,,,,,, we hope the

oooorrrroooooowwweeeerr oooooonn nneeeewww pppppppprroooooojjjjjeeeecccctttssss.hheeee bbbbbboooheeee safety control guidance w ill be applied to all Yen loan projects.

Section 2

Safety Management Methodology in Mombasa Port Development Project

Mombasa Port Development Project - Site Photos (09/Oct/15) (1 of 3)



Mombasa Port Development Project - Project Organization

Programs, Drawings, Plans, Meetings,

Procedures, Documents

Construction ContractConsultant Contract

Local Laws / Regulations / Codes, etc.E/N , L/A

Mombasa Port Development Project - Management Framework

Mombasa Port Development Project - Project Targets & Safety

KPA JICA DOSHS NCA

Occupational Safety & Health Workers

Quality

Schedule

Cost

Safety

Project Agencies/Donors

Reguratory Agenciesin Kenya

Project Targets

Relevant Organizations

Safety of Works (technical) Structures

Mombasa Port Development Project - Project OrganizationKPA

MPDP

Monitoring

Safety Patrol(several times/year)

Technical Review(to ensure safety of works)

KPA Opeartions DivisionSafety Branch

Ministry of Labour, Social Security& Services

Directorate of Occupational Safetyand Health Services (DOSHS)

CloseCoordination

The DonorJapan International

Cooperation Agency(JICA)

The Employer

Kenya Ports Authority(KPA)

SubcontractorsSuppliersWorkers

Close Supervision

CloseCoordination

National ConstructionAuthority

(NCA)

TOYO ConstructionTokyo HQ

The Contractor

TOYO Construction

JPC/BAC/GKA

The Engineer's Representative

The Engineer

General ManagerInfrstructure & Development

Mombasa Port Development Project - Safety Management Framework

JICA

Dispute Board

Exchange of NotesLoan Agreements

Safety PolicySafety Management

Guidance

ProjectImplementation

Contracts for the Project

Laws/Regulations/Codes

Monitoring

The Contractor'sHQ Office

Review of TemporaryWorks DesignSafety Patrols

(several times/year)Common: Monthly Patrols

On-Site Activities(outside the office)

National Construction Authority ActMinistry of Labour, Social Security & Services

Directorate of Occupational Safety & Health ServicesOccupational Safety and Health Act 2007

Documentation(inside the office)

the Employer/the Engineer/the Engineer's Representative: Monitoring; Inspectionthe Contractor (DAILY): Planning; Coordination; Supervision; Training; Tool Box Meeting; Morning Excise; Meetings

the Employer/the Engineer/the Engineer's Representative: Notification; Instruction; Request; Approval; Commentthe Contractor: Schedules; Policies/Plans (Quality, Safety etc.); Shop Drawings; Method Statements; Requests

Common: Monthly Meetings

Safety of Works (technical)Occupational Safety & Health

Safety of Construction Projct

Construction ContractContract Agreement

General Conditions of Contract; Special Conditions of Contract; Specifications; Design Drawings; Bills of Quantities

Consultant ContractTerms of Reference

Occupational Health & Safety Policy StatementsKenya Ports Authority (KPA)

Health, Safety & Environment Management System

National Construction Authority

The National Construction Authority Regulations

1. In

trod

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2. S

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1.1 Purpose1.2 Scope of Application1.3 Plans for Safety Management1.4 Roles and Responsibilities of Project Shareholders2.1 Basic Principles of Safety Management2.2 Compliance with Relevant Laws and Regulations2.3 PCDA for Safety Management3.1 Composition of the Safety Plan3.2 Basic Policies for Safety Management3.3 Internal Organizational Structure for Safety Management3.4 Promotion of the PDCA Cycle3.5 Monitoring3.6 Safety Education anfd Training3.7 Voluntary Safety Management Activities3.8 Sharing Information3.9 Response to Emergencies and Unforeseen Circumstances4.1 Composition of the "Method Statements on Safety"4.2 Applicable Standards for the "Technical Guidance for Safe Execution of Works"5.1 Excavation Works5.2 Pile Foundation Works5.3 Formwork and Form Shoring System Work5.4 Reinforcing Bar Work5.5 Concrete Work5.6 Work over Water5.7 Demolition Work5.8 Work where there is danger of oxygen deficiency5.9 Slinging Work6.1 Measures for Prevention of Fall Accidents6.2 Measures for Prevention of Accidents Involving Flying or Falling Objects6.3 Measures for Prevention of Accidents Involving Collapse of Structures6.4 Measures for Prevention of Accidents Involving Construction Machinery6.5 Measures for Prevention of Explosion Accidents6.6 Measures for Fire Prevention6.7 Measures for Prevention of Public Accidents6.8 Measures for Prevention of Traffic Accidents6.9 Protective Gear

Chapter 5: Technical Guidance forSafety Execution(by the Type of Work)

Chapter 6: Technical Guidance forSafety Execution(by the Type of Accident)

Chapter 1: General Rules

Chapter 2: Basic Policies forSafety Management

Chapter 3: Contents of the"Safety Plan"

Chapter 4: Contents of the"Method Satements on Safety"

<The Guidance for the Management of Safety for Construction Works in Japanese ODA Projects>

Mombasa Port Development ProjectThe Contractor's Project Safety Policy

Mombasa Port Development Project - Compliance with JICA Safety Guidance

Though not stated expressly in the plans/ documents, PDCA activities are being conducted daily on site by Japanese/Filipino engineers

Mombasa Port Development Project - Progress

1 11 1 1 1 1 1 1 2 1 1 1 1 2 1 1

1 2 1 3 1 1 1 1 2 1 1 2 1 1

687

ReportableAccidents in KPA

Accidents in MBPD

Security Issue, etc.PersonnelEquipment

122107971063555

1028Personnel

Cargo/Machinery 876

747

904

778

816

905

Dispute Board Site Visit/Meeting

Joint Site Safety Patrol

Technical/Monthly Progress MeetingJoint Safety & Health Meeting

Safety Seminar, etc.

Section 3

Root Cause Analysisfor the Issues of

Mombasa Port Development Project

Procedure of Root Cause Analysis1) Gathering and Organizing

Information

2) Development of Time-sequence Diagram

3) Pursuit of the Root Causesby Why-why Analysis Chart

5) Extracting Management/OrganizationalFactors: Problem Tree

4) Development of Countermeasures forDirect Causes

6) Development of the IdealState: Function Tree

7) Development of thePermanent Countermeasuresfor Important Functions

8) Development of Comprehensive ImprovementPlan

Study Flow of Root Cause Analysis and Countermeasures

External Environmental Factorsattributing to Construction Accidents

Mombasa Port Development Project - External Environmental Factors

Permanent works design not very complicated compared with the project scale

Well-organized management system including KPA, JPC and Toyo

Systematic construction processJapanese safety culture adopted to the

project

The site is located deep in the bay with no marine traffic interference and no severe marine conditions

The contract work scheduling is reasonableVery good housekeepingThe site is concise and fenced off from the

outside which is contributing to good security as well as good site management

The Employer did good management of the port area including MPDP site

The contractor has been requiring workers to strictly abide by the rules and regulations enhancing their motivation

The contractor’s engineers and foremen have been continuously providing training to workers directly by themselves.

Workers’ good English literacy made direct communication with Japanese/ Filipino engineers possible.

The contractor has been enhancing workers’ safety awareness at every chance

Japanese safety culture implanted to Kenyan workers daily

The contractor’s HQ jointly participated the project conducting periodical safety patrols as well as providing technical review

Efforts / Fortune / Coincidence / System

Mombasa Port Development Project - Why-Why Analysis of SUCCESS[Phenomenon] [Why-1] [Why-2] [Why-3] [Why-4] [Why-5]

Morning assembly utilizedeffectively

Japanese safety custom wasintroduced

Safety campaign conducted

Confirmed safe operation by TBMrepeatedly

Education and monitoring to trainworkers

Made importance of housekeepingwell understood

Safety management systemworked

Good coordination with Consultant

Method statements were withsafety plan

Project safety managementsystem set up

Contractor itself prepared allstatements/plans

Necessity for security

Let workers speak out points to benoted at morning assembly

Tense air maintained by constantmonitoring

Being on site regarded rather thanin the office

Japanese safety managementimplanted

Construction went smoothly

Advantageous externalenvironment

The surrounding of site wasthoroughly fenced

Mild marine conditions

Relatively compact area for landworks

Good communication withConsultant

High workers’ safety awareness onroutine works

Not many complicated structures

Everyone including PM deeplyinvolved

Contractor’s corporate cultureaffected positively

Contractor abided by safetyrequirements

Placed high importance ondiscipline

Contractor proceeded withenthusiasm

Major accidents did not occur Workers’ safety awarenesspromoted

Induction training done thoroughlySafety awareness was high onsite

Safety management activitiesproper

Safety awareness of Employer,Consultant and Contractor high

Recommendations

Mombasa Port Development Project - Organizational/Management Issues

Mombasa Port Development Project - Organizational/Management Issues

Can Tho Bridge AccidentSafety Review StudySafety Guidance IssuanceSafety Policy Issuance

MDB Harmonized Edition 2006MDB Harmonized Edition 2010

Kenya Vision 2030OSH Act 2007OSH Act Rev.Nationa Profile on OSHActRegulations

KPA Act (Rev.)OHS Policy (Rev.)OSHE Management Manual (Rev.)

DesignBidding DocumentsBiddingConstructionDesignBidding DocumentsBiddingConstruction

Year 2006 20212019 20202007 2009 2010 2011 20122008 2015 2016 2017 20182013 2014

Phase 1

Phase 2

MPDP

JICA

KPA

KenyanGovernment

NCA

FIDIC

Ministry ofLabour /DOSHS

Mombasa Port Development Project - Timeline

Mombasa Port Development Project - Toward Phase 2Project Phase

Detailed Design

Design Documents(Specifications, Drawings, Quantity

Table, etc.)

PQ/Bid Submission


Work Plan (Quality,Schedule, Safety, Cost)

Operation

Budget Preparation

PQ/Bid


Cost EstimationManagement

(Data Collection)

Repairing

Inspection/Maintenance

Reparing

Planning

Construction

Working Budget

Construction

Completion/Handover/Settlement

Investigation /Design

Cost Estimation


Final Inspection/Settlement

PQ DocumentsBid Documetns (Invitation, Design Documents, DraftContract)

Project Planning

Conception

Preliminary Investigation

Bidding /Contract

Bid Preparation

Preliminary Design

<Employer> <Consultant> Cost/Contract/Quality/Safety/Contractor Evaluation

ContractorRegistration/

Evaluation

(Evaluation)

ContractManagement

(Implementation)

<Contractor>

ContractorRegistration/

Evaluation

(Evaluation/ DataCollection)

QualityManagement

SafetyManagement

(Implementation)

QualityManagement

SafetyManagement

(Contractor'sFramework)

Qualitymanagement

SafetyManagement

(Employer'sFramework)

ContractManagement

(Employer'sFramework)

Cost EstimationManagement

(Implementation)

Operation

Project Evaluation/Data Collection

Project Evaluation/Data Collection

Detailed Investigation

Phase 2(2016-2020)

-

----

--

the Employer/the Engineer/the Engineer's Representative

Notification; Instruction; Request; Approval;Comment

the Contractor Schedules; Policies/Plans (Quality, Safety etc.);Shop Drawings; Method Statements; Requests

Common Monthly Meetingsthe Employer/the Engineer/the Engineer's Representative

Monitoring; Inspection

the Contractor (DAILY) Planning; Coordination; Supervision; Training;Tool Box Meeting; Morning Excise; Meetings

Common Monthly Patrols

Legend: To be improved in Phase 2To be maintained in Phase 2

- : Not in a position to suggest

Kenya Ports AuthorityHealth, Safety & Environment Management SystemOccupational Health & Safety Policy Statements

General Conditions of ContractContract AgreementTerms of Reference

Documentation(inside the office)

On-SiteActivities

(outside the office)


Consultant Contract

ProjectImplementation

Bills of QuantitiesDesign DrawingsSpecificationsSpecial Conditions of Contract

The National Construction Authority RegulationsNational Construction Authority Act

Occupational Safety and Health Act 2007

Laws / Regulations / Contracts / Project Implementation

National Construction Authority

Directorate of Occupational Safety &Health Services

Mombasa Port Development Project - Toward Phase 2

MPDP (Phase 2) DFC (Future)

MPDP (Phase 1)Threshold(no major accident)

DFC (Present)

A Certain Road Project

(work-oriented)Process

Achievements

(unsafe)

(safe)

<Red Zone>

<Green Zone>

(contract-oriented)

Mombasa Port Development Project - Improvement

Safety First

Safety Pays