How to improve the Safety of

Temporary Works in Construction

Presented by:
Ir. Tan Yean Chin
President of IEM
Secretary General of FEIAP
1
13 Jan 2017
 Contents
What is Temporary Works
Case Histories of Temporary Works Failures
Legislations and policy guidelines
BEM Position Paper on Responsibility and
Accountability of Stakeholders in Construction
Industry
Role and Responsibility of Professional
Engineer for Temporary Works in Construction
Conclusions

2
 What is building failure ?

“ behaviour not in agreement with the

expected condition of stability, or as
lacking freedom from necessary repair, or
non-compliance with the desired use and
occupancy of the structure “

Ir Dr Judin Abd Karim paper on Building

failure - 1996

3
 Responsibility of Failures
Hammurabi Code of 1950 BC

“ If a contractor builds a house for a man

and does not build it strong enough, and
the house which he builds collapse and
causes the death of the house owner, then
the contractor shall be put to death “
From : Ir Dr Judin Abd Karim’s
paper on Building failure - 1996
4
 Temporary Works in Construction

In the construction industry, the process

and constructions involved in erecting the
Permanent Works at site are classified as
Temporary Works.
Norm has it that the Contractor is
responsible for the construction of
Temporary Works.

5
 Case Histories of
Temporary Works Failures

From Newspaper Cutting

6
3.7.2014 (Pudu Underpass)

7
8
20.8.2014 (MRT Viaduct Deck toppled)

9
10
27.6.2014

11
21.10.2013
12
29.7.2013

13
 3.7.2013
(Temporary
Excavation
causing 3
deaths)

14
15
27.7.2009 (Lorong Gelugor – Basement Excavation)

16
17
5.6.2013 (Bridge Ramp Falseworks collapse – 1 dead)

18
29.5.2009 (Jaya Supermarket Demolition – 7 deaths)

19
 Ipoh shophouse demolition mishap causing
2 deaths of passing by motorists - 2009

Sequence of
demolition

Front road

20
Ipoh shophouse – cantelever
collapse

2009
21
Ipoh shophouse demolition mishap causing
2 deaths of passing by motorists - 2009

22
21.3.2008 (Bridge under construction collapses)

23
16.3.2008 (Collapsed during concreting – 9 hurt)

24
Jan 2007 (Granite Slab crushing down – 2 deaths)

25
July 2005 (Collapse during Bridge Construction)

26
27
Jan 2001 (Scaffolding Collapses)

28
Legislations and policy guidelines

29
 Act
Occupational Safety and Health Act 1994
(Act 514)
Factories and Machinery Act 1967 (Act 139)
Factories and Machinery
(Notification, Certificate of Fitness and
Inspection) Regulations, 1970
Factories and Machinery (Building Operations
& Works of Engineering Construction) (Safety)
Regulations, 1986 (BOWEC)
Registration of Engineers Act 1967 (Revised
2007) 30
 Legislations regulating the various phases along the
construction supply chain in relation to causes of failure
Item Property development supply chain

a Land conversion National Land Code

b Planning Town and Country Planning Act,( Act 172)

permission

c Building plan Street, Drainage and Building Act ( Act 133),

approval UBBL, earthworks By-Laws, Electricity supply
Act, Water Service Act, Sewerage Service Act,
Solid waste management & public Cleansing Act,
Telecommunication Act, Fire service Act,

31
 Legislations regulating the various phases along the
construction supply chain in relation to causes of failure
d Procurement Contract Act 1950

e Construction Act 133, UBBL, E/works bylaws, OSHA, CIDB

f Building delivery Act 133, UBBL

g Extension & Act 133, UBBL, Act 172, Fire Service Act
renovation works

h Periodical Act 133, UBBL

Inspection

i Demolition Act 133, OSHA

32
Act 133 – Street, Drainage and Building Act, 1974

Sec 95: Protection of the State Authority and

officers from personal liability

“ the state authority, local authority and public

officer of local authority shall not be subject to
any action, claim, liability or demand what-so-
ever arising out of any building in accordance of
this act..”

33
 Uniform Building By-Laws 1984

Bylaw 258 – Failure to buildings

(5) Notwithstanding that any plan, drawing or

calculation has been approved by the local
authority, the responsibility for the failure
of any building shall prima facie lie with
the person who submitted such plan,
drawing or calculation.

34
 Responsibility and Accountability of Stakeholders in Construction Industry

Legislature review :
• Highland Towers collapse in 1993
• Amendment in Street, Drainage & Building Act , 1974,
Act 133 in 1995 :
- Sec 70B : Order to review safety and stability in the
course of erection of building :
- the building
- the foundation of the building
- the surroundings
The review shall be undertaken by a qualified person
than the qualified person who prepared and certified
the plans, calculations, particulars, documents or
reports submitted to local authority

35
 Act 133 – Street, Drainage and
Building Act, 1974
Clause 71 :-
Where any building or part of a building fails in the
course of construction or after completion etc. and
such failures is due to;

Misconstruction or lack of proper supervision during

construction
Misdesign or miscalculation; or
Misuse

The person responsible shall be liable on conviction to

a fine not exceeding Rm500,000 or to imprisonment for
a term not exceeding 10 years or to both.

36
 BEM Position Paper on
Responsibility and
Accountability of Stakeholders in
Construction Industry

37
BEM Responsibility and Accountability of Stakeholders in Construction Industry

BEM directive :

Prepare a paper to identify the

issues and weakness in the
construction industry supply chain
in respect to failure of buildings
and fatal site accidence and
propose recommendations 38
BEM Responsibility and Accountability of Stakeholders in Construction Industry

BEM formed a working group called

“ WG on Responsibility and accountability of
Stakeholders in Construction Industry”

Chairman: Ir Tan Yean Chin , PPC chairman

- IEM - MBAM
- KPKT - DOSH
- ACEM - PAM
- CIDB - LAM
- PSDC - BEM

39
BEM Responsibility and Accountability of Stakeholders in Construction Industry

“ WG on Responsibility and accountability on

Construction Industry”

TOR includes:
- stakeholders involved at every stage of
development ( supply chain )
- relevant laws & policies
- study possible causes of failure and
recommendations
- literature reviews of past cases of building
failures
40
BEM Responsibility and Accountability of Stakeholders in Construction Industry

Scope of Review

Stakeholders responsible :

- Developer / project proponent

- Planner - Architect
- Engineers - Contractor
- Site supervisors - Tradesman
- PTD ( Land officer ) - Local authority
41
BEM Responsibility and Accountability of Stakeholders in Construction Industry

Supply Chain of Construction Industry

1. Project inception
2. Land conversion
3. Planning approval
4. Building Plan approval
5. Procurement process
6. Construction Covered in this Presentation
7. Building delivery ( CFO/CCC)
8. Maintenance and Management / COB
9. Periodical Inspection
10. Demolition
42
BEM Responsibility and Accountability of Stakeholders in Construction Industry
Stakeholders Supply chain of
responsible property development

Developer / • Project conception

owner • Land conversion
Architect • Planning permission
Contractor • Building plan
Planner Failure of • Procurement
Engineer • construction stage
Tradesmen Building • Building delivery
Site (CFO/CCC)
Supervisor • Maintenance &
Land Officer Management
Local • Periodical Inspection
Authority • Demolition

43
BEM Responsibility and Accountability of Stakeholders in Construction Industry
Number of exposure to causes by stakeholders along
the supply chain

stakeholder no of exposure as % of total

Contractor 16 67
Engineer 10 42
Developer 9 37
Supervisor 6 25
Architect 4 17
Local authority 3 13
Pentadbir Tanah 3 13
Planner 2 8
Other agency 2 8 44
BEM Responsibility and Accountability of Stakeholders in Construction Industry
Number of exposure to causes by
stakeholders along the supply chain
80
70
60
50
no of exposure
40
as % of total
30
20
10
0
er

or

r
er
r

ah
ct

ity

ne
to

op

is
ne

ite
c

an
or

an
rv
ra

l
gi

ch
ve

th
pe

rT

Pl
nt

En

au
Ar
De
Co

Su

bi
ad
l
ca

nt
Lo

Pe

45
BEM Responsibility and Accountability of Stakeholders in Construction Industry

Findings of Common causes of failure during

Construction stage
a) Incompetent site supervisor
b) Insufficient site supervisors (SS)
c) Temporary works overseen by incompetent
contractor/supervisor or without engineer’s input
for works involving structural input
d) Removal of consultant’s scope of service in
construction stage
e) Contractor fraudulent act resulting in inferior
product
f) Inferior quality of building materials used
g) Incompetent tradesmen used
46
BEM Responsibility and Accountability of Stakeholders in Construction Industry

Common causes of building failure

Construction stage
Recommendation :

a) Regulate Site Supevisors (SS) in the Act or

regulation to carry responsibility and accountability.
Set some entry requirement for SS depending on
the category of SS in relation to the size and
complexity of the project.

b) set a minimum ratio of SS against size and

complexity of the projects and categories of SS.
47
Responsibility and Accountability of Stakeholders in Construction Industry

Common causes of building failure

Construction stage (Continue)
Recommendation :

c) review existing guidelines on temporary works

in respect to stability and hazard to public.
Identify any gap in the guidelines and enhance
enforcement.

d) amend CIDB Act to make key personnel of

contractor ( eg director) personally responsible
on negligence and fraudulent act resulting in
inferior product 48
 Responsibility and Accountability of Stakeholders in Construction Industry

Strategic Plan to minimize / mitigate failure

7 strategic plans :
1. General awareness of construction safety
2. Strengthening role of regulatory authority especially
local authority
3. Ensuring quality and independence of Engineers
4. Upgrading competency of supervisors
5. Review Code of ethic of professionals
6. Clearer delineation of responsibility of certain
‘structure’ drawing between architect and engineer
7. Enhance accountability of contractor
49
 Responsibility and Accountability of Stakeholders in Construction Industry

Strategic Plan to minimize / mitigate failure

Strategic plan 4:
Upgrading competency of consultant’s resident
site supervisors
3. To amend UBBL on all Form G except G2 to require
relevant consultant’s site supervisor/s to sign on the
relevant Form Gs that he has supervised the project
and that he takes responsibility on the portion of
works he is connected with. (amendment to CIDB Act)
Note : New amended REA (2015), BEM will register
Inspector of Works (IOW)
4. To amend CIDB ACT to make it a statutory
requirement for site supervisor (both contractor’s and
consultant’s) to be registered with CIDB. No one shall
employ any deregistered site supervisors unless the 50
registration has been reinstated.
 Responsibility and Accountability of Stakeholders in Construction Industry

Strategic Plan to minimize / mitigate failure

Strategic plan 7:
Enhance accountability of contractor

1. To amend CIDB Act to allow CIDB to act against

the director and Site/Project Manager found
responsible for the failure of a building with
punitive action such as fine and suspension from
any construction activity within a specified period.

51
 Responsibility and Accountability of Stakeholders in Construction Industry
Strategic Plan to minimize / mitigate failure
Strategic plan 7:
Enhance accountability of contractor
2. To introduce QBS (Quality Based System)
process for the appointment of contractors
and the use of 2 envelope systems of to
technical and financial system evaluate
bidders for the projects. For government
projects, greater transparency system should
be practiced whereby representatives from
relevant organisations such as MBAM, ACEM,
IEM or PAM be invited to sit on the tender
board. The tender bids and successful bidders
should be displayed for public viewing. 52
 Responsibility and Accountability of Stakeholders in Construction Industry

Strategic Plan to minimize / mitigate failure of building

Strategic plan 7:
Enhance accountability of contractor

3. contractor shall engage Professional Engineer

to design, endorsed and supervise all
temporary works on site. Temporary works
shall be given the same due respect in terms
of safety.
4. all temporary works endorsed by Professional
Engineers and submitted to DOSH shall be
constructed strictly according to the
submitted drawings.
53
Role and Responsibility of
Professional Engineer
for Temporary Works in
Construction

54
Although Temporary Works are mainly the
Contractor’s responsibility, it is however
important that Professional Engineers involved
in the project either as Owner, Consultant or
Contractor must play a role in ensuring its
safety.

The design of Temporary Works shall be given

the same respect as due to the design of
Permanent Works by Professional Engineers.

55
 BOWEC
Factories and Machinery (Building Operations
and Works of Engineering (Construction)
(Safety) Regulations 1980 or BOWEC, certain
design of Temporary Works requires the
certification by the Professional Engineer,
among these are:

Regulation 28(1) (General Requirements)

“Formwork and reshores shall be certified structurally safe
by a Professional Engineer and shall be properly braced or
tied together so as to maintain position and shape.”
56
 BOWEC

Regulation 30(5) (Concrete Work)

“Where the formwork structure is designed by a
Professional Engineer, he shall be responsible for the
supervision of the construction and the stability of such
structure”.

Regulation 43(2) (Catch platforms)

“Such platform shall be designed by a Professional
Engineer and certified for safety prior to erection.”

57
 BOWEC
Regulation 75 (Design and drawings of
scaffolds to be approved)
“(1) Every metal tube scaffold exceeding 40 metres in height
and every other scaffold exceeding 15 metres in height shall be
constructed in accordance with the design and drawings of a
Professional Engineer. All other metal tube scaffolds shall
have their designs and drawings approved by the Chief
Inspector.
(2) A copy of the design and drawings of the structure shall be
submitted to the Chief Inspector for his records prior to the
erection of the structure.
(3) A copy of the design drawings certified by the Professional
Engineer shall be made available at the worksite for inspection
by an Inspector.” 58
 BOWEC
Regulation 112 (Stability of structures)
“Where there is any question of stability of structures adjoining
or over areas to be excavated, such structures shall be
supported where necessary by underpinning, sheet piling,
shoring, bracing or other means made or erected according
to the design of a Professional Engineer to prevent injury
to any person.”

Regulation 116(1) (Trench excavation)

“Pilings, shoring and bracing used in trench excavation to
protect employees against falling or sliding materials shall be of
adequate strength. Where the trench is to be excavated
exceeds 4 metres in depth, such protection shall be
constructed in accordance with the design and drawings of
a Professional Engineer.” 59
 BOWEC

Regulation 124 (Piling)

“Where there is any question of stability of structures adjoining
areas to be piled, such structures shall be supported where
necessary by underpinning, sheet piling, shoring, bracing or
other means in accordance with the design of a
Professional Engineer to prevent injury to any person.”

60
BEM is drafting :-
“Guidelines on the Role and Responsibility
of Professional Engineers for Temporary
Works in Construction”
as a guide to all professional engineers
involved in temporary works.

61
Proposed Classification of Temporary Works

The Temporary Works is classified into three

main classes, namely :

Class 1 : Minor Temporary Works

Class 2 : Major Temporary Works

Class 3 : Temporary Works that form part

of Permanent Works

62
 Class 1 : Minor Temporary Works

Minor Temporary Works class 1 are temporary works that

when subject to any failures, defects or losses of serviceability,
would unlikely affect public and workers safety and life. Other
than those already listed below, the Consultant and Contractor
shall discuss and itemize the temporary works for each project
prior to construction.

Class 1 Minor Temporary Works can be designed and

supervised by Contractor or engineer who is not a professional
engineer subject to compliance with other relevant guidelines,
laws and Act (e.g. DOSH, etc.).

63
Examples of Class 1 : Minor Temporary Works

1) Excavation or Trenching shallower than 1.5m in all

direction with no stockpiling of materials adjacent to the
excavation.

2) Temporary Cut slopes (excluding those in soft clay) not

more than 5m high and gentler than 27 degrees.

3) Temporary Fills of Soil and rock that are backfilled to form

a bund, embankment or platform with not higher than 1.5m.

4) Scaffolding / Falseworks that are lower than 3m high

supporting low load and with no public or workers beneath
it.
64
 Class 2 : Major Temporary Works
Are Temporary Works that when subject to any failures, defects
or losses of serviceability would likely affect public and
workers safety and life.
Carry similar level of risk to life as permanent works, shall be
given same respect on safety as that of Permanent Works.
Shall be designed, endorsed and supervised by a Professional
Engineer (PE) registered with BEM.
Owner and Consultant shall state and specify clearly in the
tender and contract document to the Contractor that the
Contractor shall get PE to design, endorse and supervise.
It is the responsibility of the Consultant (submitting
person/qualified person) to the Local Authorities or other
Government agencies (e.g. JKR, etc.) and as designer of
Permanent Works, to ensure the Contractor comply with these
requirements to safe guard public interest and safety.
65
 Examples of Class 2 : Major Temporary Works
1) Scaffolding / Falseworks : Scaffolding / Falseworks covers
any form of construction methods and materials used to
support the construction of structure / buildings and for pouring
of concrete or machineries or for workers. The works includes
supply, installation, maintenance, ensuring of foundation and
structural stability, and the removal of the scaffolding.

2) Temporary Excavations: Temporary excavation into soils or

rocks. E.g. excavation for pile caps, excavation for retaining
wall, trenches etc. Necessary retaining wall system or support
system can be employed.

3) Temporary Cut Slopes: Soil or rock slopes that are excavated

temporarily to form temporary slopes.
66
 Examples of Class 2 : Major Temporary Works
4) Temporary Fills : Soil and rock fills that are backfilled to form
a temporary bund, embankment or platform higher than 1.5m.

5) Demolition Works : Demolition or removal of any obstruction

and old construction works which can be either man-made or
natural.

6) Pre-stressing Works : Works required to form pre-stressed

structural elements.

7) Crane foundation: The design and construction of the

foundation to support a static tower crane.

8) Temporary strutting and bracing for excavations : The

temporary strutting and bracing used at site to support the
retaining wall for excavation. 67
 Examples of Class 2 : Major Temporary Works

9) Temporary ground anchors : Temporary ground anchors

used at site to support the temporary and permanent retaining
wall for deep excavations or for cut slopes or excavations.

10) Load Testing of Foundation and Buildings : Includes

setting up of system for load testing such as kentledge, ground
anchors, soil nails, steel beams, truss or concrete blocks,
reaction system, jacking system, etc.

11) Temporary structures and works that when subject to any

failures, defects or loss of serviceability could affect public and
workers safety and life.

68
Class 3 : Temporary Works that form part of
Permanent Works
Temporary Works that form part of Permanent Works are
temporary works that are hazardous to life in which any failure,
defect or loss of serviceability would seriously affect the
public and workers’ safety and life.
Works that form part of the Permanent Works (e.g. basement
retaining wall, top down construction, temporary cut slopes that
later become part of the permanent slopes, tunneling, etc.).
Carry similar level of risk to life as permanent works, they shall
then be given the same respect in regards to safety as
Permanent Works.
Shall be designed, endorsed and supervised by the
Consultant, who is the submitting person (qualified person) to
the Local Authorities or other Government agencies (e.g. JKR,
etc.).
69
 Examples of Class 3 : Temporary Works
that form part of Permanent Works
1) Scaffolding / Falseworks that form part of the Permanent
Works : Scaffolding / Falseworks that form part of the
Permanent Works covers any form of construction methods
and materials used to support the construction of structure /
buildings and for pouring of concrete or machineries, for
workers and public. The works including supply, installation,
maintenance, ensure foundation and structural stability, and
removal of the scaffolding.

2) Cut Slopes (that form Permanent Slopes) : Soil or rock

slopes that forms the Permanent slopes.

3) Strengthening measures of slopes (that form Permanent

Slopes) : soil nails, ground anchors, rock strengthening
measures for permanent slopes and retaining walls. 70
 Examples of Class 3 : Temporary Works
that form part of Permanent Works
4) Retaining Wall : all types of permanent retaining wall (e.g.
rubble wall, crib wall, gabion wall, reinforced concrete wall,
reinforced soil wall, sheet pile wall, soldier pile wall, contiguous
bored pile wall, secant pile wall, diaphragm wall, barrette wall,
etc.) that also function during temporary stage.

5) Strutting and bracing for excavations that form part of the

Permanent Works: The permanent strutting and bracing used
at site to support the retaining wall for excavation.

6) Permanent Embankment, Bund or Fill: For permanent

embankment, bund and fill.

71
 Examples of Class 3 : Temporary Works
that form part of Permanent Works
7) Ground Treatment that form part of the Permanent Works :
Ground treatment works (e.g. stone columns, excavate and
replace, prefabricated vertical drains, piled embankment,
embankment construction stages) that form part of the
Permanent Works.

8) Temporary structures and works that form part of the

Permanent Works, that when subject to any failures, defects or
loss of serviceability could affect public and workers safety and
life.

72
 Role of PE on Temporary Works
The Professional Engineers who are entrusted with the
design of the Temporary Works shall ensure the following:

He must practice within the discipline of engineering he is

registered with BEM.

He must only practice on works that he has the necessary

experiences and competence to safeguard public safety and
interest.

A Professional Engineer with Practicing Certificate in force can

be engaged by Contractor or Owner to design, endorse and
supervise the Temporary Works of Class 2 and Class 3.

73
 Role of PE on Temporary Works
(Cont’)

He shall design and supervise the Temporary Works to the

relevant standards, code of practice and good engineering
practice.

There shall be adequate numbers of qualified and experienced

Professional Engineer’s representatives at site (Temporary
Works Site supervising personnel) to supervise the Temporary
Works full time. This supervisory staffs are responsible to the
Professional Engineer who design and endorse the Temporary
works. These supervising staff shall be independent from the
Contractor’s staff in carrying out the Temporary Works

74
 Role of PE on Temporary Works
(Cont’)

No physical works shall be allowed on the Class 2 and Class 3

temporary works unless all the design which include but are not
limited to construction drawings, specifications, method
statements and construction procedures that had been properly
endorsed and approved by Professional Engineers, are in place,
and supervision team are ready at site.

It is the responsibility of the Consultant who is the submitting

person (qualified person) of the project to the Local Authorities to
ensure that the project comply with the guidelines on temporary
works. Any temporary works of Class 2 and Class 3 which does
not have proper documentations (e.g. drawings, specifications,
method statement, etc.) or proper full time supervision and
inspection, the works shall not be carried out at site. 75
 CONCLUSIONS
1. Safety of Temporary Works is very
important.

2. Contractor is the key stakeholder

responsible for Safety of Temporary Works.

3. Professional Engineer (PE) shall be

entrusted to design, endorse and supervise
Temporary Works that could affect public
and workers safety.
76
THANK YOU

By
Ir. Tan Yean Chin
[email protected]
77