Owner Safety Leadership

February 2004

For construction project safety, the owner must take the lead to promote safety as a goal, from bidding, into contract preparation and pre-construction, through project delivery. The active engagement of an owner in making safety a project goal, and then monitoring and driving performance toward that goal, can help ensure the safety and success of the project.

by Ron Prichard, P.E. Ph.D.
Arcanum Professional Services

An owner can and should be actively engaged as a partner in the safety of construction projects. While safety is delivered from the field, through the means, methods, and techniques of the contractors and the actual work practices of the individuals doing the physical construction activities (a "bottom-up" type of result), it is driven from the top down. Leadership starts at the top of the organization, with the vision (as articulated in the goals of the project) providing the direction and impetus for the effort.

Owners, as those entities making the decision to construct some facility, must take the lead. If owners relinquish their position as leader, and the accompanying authority of this position, they give up their ability to influence outcomes. Owners must not simply say, "It is enough that I say, make it so." This is inadequate guidance or action to deliver on the goal. There must also be direct involvement, in the role of leader, by the owner in the process of the actual construction of a project. An owner must make safe construction an expectation, and then back that up with requirements and resources. Thus, while safety is the responsibility of the employer, it is too important to leave the responsibility only on the contractors' shoulders.

Owner Involvement

In the vital role the owners play, there are five main areas where they must take the lead—by doing, not saying—if the project is to be safe.

Additionally, the owner is a critical component in the project team who sets up the context for the project. Through many important areas of describing the rules under which decisions will be made, and choices selected, the owner crafts the environment in which the project will take on physical form. Items such as financing, schedule, contracting method, and the terms and conditions of the contract agreement are parameters that set up the project for success or failure. While it is seldom understood that issues such as processing of pay applications, resolution of disputes, and the handling of change orders are elements of consideration in the safety (or not) of a project, these and other aspects of the contract language influence results in a significant way. Therefore, these elements must be addressed, as the contract is about the apportionment of risk within a project.

It is unlikely that a project, of any size or complexity, can succeed without being properly set up from the beginning. Once a decision has been made to build something, the owner must decide what matters during the performance of the construction phase. This begins with goals. For a project to be able to end well, it must begin well. There is only one way to begin well, and that is through establishing, to level of detail necessary to get the project completed, the goals of the project. Anything that is left undone, with respect to goals, is left to the vagaries of fortune (good or bad). Through the project definition (as described in the various contract documents such as plans and specifications), the owner sets the stage by defining the boundaries within which the project team will function.

Risk is about events, and whether they are, or are not, likely to occur during the course of construction. Contract language is about defining the events that are desired and sought, and those which are expected to occur, but that are to be prevented. Also, in defining each of the terms and conditions of the contract, an owner must decide what is important—what matters. In the simplest of terms, this comes down to deciding between "what" and "how." Each major category of risk needs to be addressed, the choice made, and then enough description placed in the contract that a contractor can adequately bid and perform to the standard.

Contract Preparation

If how something gets done is most important, then it is the owner's obligation to clearly specify exactly how it is to be done. However, in doing so, the owner must recognize that he is closing off all other possible alternatives, and, more significantly, whatever the results, they are solely attributable to the owner. The contractor can only be held accountable for the degree to which they performed the specifics set forth by the owner. Examples of things that might fall into this category are the reporting of man-hours and safety performance metrics, reporting job site incidents, or performing hot work on the project. In selecting the means and methods of performance, the owner is solely accountable for the outcome, provided the contractor followed the rules as prescribed.

If, on the other hand, what gets accomplished matters most, then the owner must be very clear in setting forth what it seeks as an outcome. This must be defined in clear and certain terms such that it is understandable and achievable. Once this choice is made, the owner must recognize that how it is to be achieved is left to the discretion of the contractor. If there is some means, method, or technique that is chosen by the contractor that is unacceptable to the owner, it matters not. The contractor has the right to pick and employ, in any manner they chose, among all the alternative methods, those which they believe will accomplish what the owner wants done. Examples of things that might fall within this category are completing a job with no fatalities or disabling injuries, ensuring that everyone working on the site is drug free, or staffing a job to deliver safety results. There are any number of methods available to choose from to reach these levels of achievement. Since many projects have been completed with the achievement of such a goal, it is an obligation on the part of the contractor to do whatever is necessary (within the bounds of laws and regulations, and their own judgment) to reach the objective.

The contract should be a mixture of both types, how and what, of safety requirements for contractors. Standard requirements, such as reminders of the normal legal obligations, should address what are baseline expectations. This would include clauses stating that the contractors are in control of the work, and have responsibility for the safety of the employees, including adherence to all federal, state, and local requirements, and the obligation to hold all subcontractors to the requirements of the general contract. Beyond these basic clauses, the owner has the choice of how much other information and guidance is needed to describe what their goals are for the project. Special safety conditions, such as working around existing processes, or coordination of work with owner operations, hot work, critical lifts and others might be additional considerations for inclusion in the contract either through the contract itself, the general conditions or the specifications. The choice of where to put the requirements depends upon the importance of the requirement, and which document within the contracting package takes precedent in the event of a conflict. Additional considerations might include things such as partnering, subcontractor selection and management, incident investigation, visitor protocol, emergency response, and public protection.

Through the contract language, the requirements of the contractors are set forth. This establishes the "rules of the game" portion of the project. However, an essential aspect to see that the proper environment is maintained throughout the duration of the project, and that appropriate choices are made by all parties to the project, is that the owner give themselves a role and then ensure that the resources, procedures, and goals are set forth for the fulfillment of this role. Thus, the owner has to recognize what actions he can take to contribute, without interfering with the work of the contractors. These need to be made clear in the contract as well, so that the inter-relationships between the owner and contractor are precisely defined. This aspect can be considered the project administration portion, as is necessary to define the work control process in the course of actual construction.

Along with preparation of the contract documents, in this early phase of the project life cycle, the owner needs to finalize planning for project execution with respect to the degree of its own involvement. Since the owner needs to have dedicated staff to participate over the course of actual project construction, this staffing needs to be finalized prior to going to actual bidding. Continuity is a vital component in crafting a strong and competent project team. This is as material for the owner as it is for the contractor. Thus, the owner should staff (and resource them in terms of dedicated personnel, defined roles and responsibilities, authority to act, administrative support, logistics and other support elements) its project team as the requirements become sufficiently clear in the contract preparation phase.

Where the project size, or internal resources within the owner's existing organizational structure permit, it may be possible for the assignment of a dedicated team of employees to staff the project team. In other cases, the owner may need to contract for project administration and oversight or other portions of the project team, since it lacks the staff to be able to man the project directly, either with regard to actual personnel available or expertise within those available. In either case, the owner must complete these arrangements and have its own team in place, with a full understanding of the project requirements, before it begins the bidding process, as it will be this team which will work with the bidders in reaching an award, and then in steering the project once the actual construction phase begins. This team should also help to define the safety requirements, and take responsibility for delivery of a consistent message throughout the entire course of the project. Since, over the course of the project, many different contractors and subcontractors, and other third parties will act as project participants, for varying durations and with different degrees of involvement, it is the owner's project team that ensures the consistency of delivery amongst these parties with regard to the safety requirements.

Bidding

Once the contract terms and conditions have been established, the owner must communicate them as a part of the bid package. Safety should be an emphasis area discussed during any pre-bid meetings, and emphasized in any correspondence sent to bidders. Along with this, the owner needs to make it clear that a record of proven safety performance is an element of consideration both for being invited to bid and in selection for award of the contract. This record of safety performance should also include information, in particular, on how well the contractor did in type of work you are proposing. It should also be emphasized that each bidder has already passed through the pre-qualification process, in order to be invited to participate in the bid.

The more vital the project, the more important the quality of the contractor becomes to the success of that project. If the owner is going to sign up a contractor for a long-term contractor, or this is a new contractor, then the qualifications ought to be revisited. Organizations evolve over time with new personnel, departures of experienced people, and other internal changes, and so it is important to be sure that there is enough of the organization that delivered before able to deliver in the future. It is also important to discover how a contractor prequalifies or selects its subcontractors. Subcontracting represents a growing portion of the work force, and thus a significant risk area, and needs to be fully engaged in any program.

The owner also needs to prepare a set of bid instructions that is more administrative in nature, describing how the bid process will work and what method and manner of responding to the request for proposal the owner expects. This is a smaller version project with the bid instructions serving as the guidance document for the conduct of the bid, as the contract documents will serve for the larger project of the actual construction. Any specific requirements about how the contractors are expected to conduct their work (dictating means) should be reviewed and the contractors queried as to any objections to such directives. Any information about the site, from the position of superior knowledge of the owner, needs to be conveyed in the plans and specifications, to permit the contractors to properly bid the project. This category of bid information includes things such as hazardous materials on site, process chemical and other potential exposure information, known subsurface conditions and other aspects that could not normally be detected in a site visit.

The pre-bid meeting will set the tone for the rest of what follows. How the owner's project team conducts the meeting, provides information to the contractors, and responds to questions will either establish a collaborative atmosphere, characterizing all successful projects, or will exacerbate the competitiveness endemic to construction and undermine the openness required for successful communications among the parties during the course of the project. The requirement is that if the owner knows something which is material to the risks the contractor will face in the performance of their work, such knowledge must be shared with all those bidding on the work. The expectations also need to address permitting, both securing them for the project, and any required on site for the performance of particular types of work activities. If there are detailed plant site rules for an operational location that are expected to be followed, those, along with any orientation requirements, warning, and emergency response information also should be reviewed during the pre-bid conferences and site visits. Any particular information that the owner seeks to have assembled, in a particular sequence or format, for the bid evaluation, should also be defined in the bidding instructions and reviewed in any conferences.

During the bid evaluation process, safety results should be evaluated, and given a numeric score, so that they can either improve or reduce the competitiveness of the contractor's position. This should be established in advance, along with the other contract requirements, so that it becomes another objective measure of bid responsiveness. The proposal, as submitted by the contractor, ought to explain, in general terms, how they conceive of the project execution—their strategy. This should include an explanation of what they see as the critical challenges in the project, major risks, and their intentions to preclude and prevent negative events.

Pre-Construction

After the decision has been made as to which contractor, or contractors, will actually perform the work, the owner must reinforce the key project goals as regards safety. This is best accomplished through an award meeting that includes participation by the principals of the construction organization and the contractor's site management leadership team. This presents an opportunity to meet the contractor's leadership team directly, connecting a face with a name. It also permits the owner to assess the degree of involvement of the principals in the project and to reinforce the message that safety is a goal that matters. The objective is to review the safety requirements with the personnel actually doing the work. While this information was included in the contract, and relayed directly to the bidders during that phase of the project, it is vital to ensure that those actually out on the site are fully aware of the expectations. To leave it to chance that the internal communications mechanisms of the contractor transmitted the requirements from the marketing and estimating departments to the field managers is to risk project failure. This meeting should also emphasize that before mobilization starts on the project, there will be a pre-construction meeting where the contractor's team is expected to present their understanding of the project and how they intend to approach the delivery process.

The pre-construction conference is that last opportunity, before the momentum of the project begins to move activity forward, to stop and fully reconsider what is being asked, and what is expected, by both principal parties to the project, both owner and contractor. The most effective method for handling this is to reverse roles from the bidding process, where the owner leads (and lectures) the contractors. In the pre-construction conference, the contractor, as the principal party in direction of actual construction work on site, should step into the leadership role. The contractor's management team should present, to the owner's project team, their proposed strategy and how they see the project requirements. This would include reviewing the key submittals, processes, high risk or hazards, and other elements of their intentions, discussions of the administrative aspects, and how they will oversee, coordinate and control the subcontractors brought in to perform elements of the work. Through this role reversal, the owner's team can monitor their contract requirements listing and evaluate the degree of understanding demonstrated by the contractor. If there are elements not addressed, or items about which there is uncertainty, questions can be posed. It is also the last test of the contractor's process before actual physical construction begins. Who the contractor chooses to bring to this presentation, who presents and what they say will provide significant insight into how their organization responds to the requirements and will act during the job. The conference is a test of understanding by the contractor, with the owner in the position of grading their performance. The contractor should be prepared to explain how it reached the decisions they did, as a way of illustrating their thought processes and the basis for making important decisions.

The pre-construction conference is also a chance, before the pressures of the project begin to impinge upon the responsiveness of all members of the project execution team, to check that all of the primary participants can work together. If there are any issues with individuals selected to serve in key positions, such as personality conflicts, those concerns need to be addressed before folks are committed to the work and fully engaged. While the construction process is about handling material goods to build physical objects, the project management is an information-based process, and in the regard, the sociological aspects are as crucial as the experience and expertise of the team members. Communications between the parties are crucial, and so it is better to address possible problems before they impact the project. To achieve project success requires a collaborative effort between the owner's and contractor's project personnel. If this team cannot communicate fully and openly, it is unlikely they will be able to work through issues in the course of construction. When issues are not properly attended to, they contribute additional pressure to the project, and can lead to critical elements being shortchanged. These then manifest themselves in personal injury and property damage incidents on a project, undermining the safety goals.

The pre-construction conference is also an opportunity to run a second check on the contractor's planning and execution process. The first test was the bid. In that test the requirements were set forth, with a timetable for delivery, and the result was a product, the actual bid. This bid document is a vital check to gauge the methods of review, development of concepts, understanding of the phases, and how they envision actual delivery. It is also tied to the specific requirements of the project, as defined in the plans and specifications, and so demonstrates, beyond merely conceptualization in the abstract, the degree of knowledge and expertise the contractor has for this particular type of project. However, during the bid, there is still a degree of tentativeness, in that, until the actual award, the contractor is not fully committed to the project.

During the pre-construction meeting, the owner can evaluate, through an information-based exercise with the real individuals preparing for a real project, the robustness and efficacy of the contractor's planning program. In this evaluation, the owner can validate the contractor's grasp of the safety requirements through their presentation with regard to staffing, roles and responsibilities, plans for special hazards and other elements that show their degree of anticipation and preparation for successful project delivery. The pre-construction conference is the contractor's occasion to explain, in detail connected to the actual project contract requirements, what they plan to do, when things will happen, why they plan it that way, how they will anticipate and avoid foreseeable damage events, and how they will respond to those they cannot foresee and prevent.

Project Delivery

During the actual course of construction, the owner's responsibility is to monitor the actual performance of the contractors, against the two types of goals (how or what), and direct action (either to itself or by contractors) to readjust performance in line with those project goals. In this regard, the owner continues in a leadership role. The owner evaluates the degree of achievement, in light of the clearly defined project goals, and reinforces those goals to be certain that they do not become lost in the pressure of responding to daily demands. In order to accomplish this, the owner must stay in touch with the issues and challenges facing the project team. This permits the owner to be knowledgeable about what is taking place, so that they are in a position to provide advice or to make decisions, as the situation dictates. The owner must continually evaluate what results are being achieved, as documented through the project reporting process, and compare them with the contractors plan to gauge the degree to which the project goals are being realized. During the contracting phase, the owner stipulated what it sought in the project. During the construction phase, the owner serves in a watchful oversight role to be certain that they get what they asked for from the contractors.

To support the delivery of safe construction, during the project an owner must have an active presence on the site. This means that there must be personnel with the assignment to track the actual project execution and know what is taking place on site. As was noted above, this role can either be performed by in-house staff or through the contracted services of out-sourced resources. Either way, these representatives play a vital role in reinforcing the message that safety is a requirement, across the duration of project execution. In order to adequately fulfill the responsibility, the representatives must go beyond reading reports, memos and other written communication or by participation in meetings and talking to the contractor's project team. This is not to diminish the importance of those elements, as they are an important aspect of gathering project information, status and performance indicators. However necessary they are, by themselves such information is insufficient.

See and Be Seen. To serve in the role of a leader, the owner's representatives must see and be seen. This entails periodic site visits, where people get out to the actual project site. During these site visits, the owner's representative should meet with the contractor's management and safety personnel, but they must also put their boots on the ground. This means leaving the trailers and offices and actually touring the construction areas where work is occurring. This helps to "show the flag" with regard to safety. These visits reinforce the importance of safety, for both the contractor's project management team, and well as those of the subcontractors participating, but only if safety is a major topic of discussion.

The degree of periodic site visitation should be sufficient to ensure that the reporting is congruent with what is actually happening on the project site. By walking through the site (modeling, through personal example, the expectations of appropriate attire and personal protective equipment) and reviewing the work practices being used, the owner's project team gets the opportunity to evaluate, unfiltered through the reporting process, the safety performance of the project. Efforts should also be made to talk, periodically, with a variety of members of the project team, from all levels of the hierarchy and to validate that what is being reported actually matches with what is being done on site. If the project is performing as required, then the contractor and those on his team should be recognized for their achievements. If the project is failing to achieve expectations, then intervention, in line with the contractual remedies, is required.

During actual construction, with the pressure to complete, there is a tendency to focus discussions and site visits on issues of cost and production schedule. If safety is not maintained as a major project goal by the owner's team, it will be subordinated to other more pressing demands. The contractors and subcontractors will be responsive to the involvement of the owner, and follow their lead with whatever is viewed—through actions of the owner's representatives—as mattering the most. The most effective method to reinforce safety is for the owner's representatives to know what was in the contract documents for safety requirements; which elements are "hows" and which are "whats." In knowing this, the owner's representative can then follow-up through the site visits. In determining the degree of compliance with those contract provisions where the owner stipulated that how something was done, the artifacts of documentation and the actual work practices in the field will show the degree of adherence to the requirements. In the situations where what gets accomplished is the requirement, the owner's representative looks at the actual results, their relationship to tracking toward goal accomplishment, and what actions are being taken to rectify any deviation.

Conduct Safety Audits. There should also be routine formal safety audits, directed at all levels of project management, for the site. Audits "stir" a process, by subjecting it to a systematic scrutiny. It helps to refocus attention on vital functions, and reminds project personnel of the importance of standards. These audits should be directed at different levels of the project team to evaluate the effectiveness of the contractor's administration and direction of the project. It must look for the artifacts of actual activity for safety. This should include sampling of the documentation of inspections, audits, planning, safety meetings, and other activities related to influencing safety performance. It should also include a walk through various areas of the site, to see that the actual work practices reflect both the standards expected, and the history depicted in the documentation.

There should also be discussions throughout the project with the craft workers performing the actual tasks of construction work. These are the individuals who are actually exposed to the physical hazards of construction, and their attitudes and work practices are instrumental in achieving an injury-free project. The owner can both evaluate the effectiveness of the contractor's safety management process, and gauge the degree to which the workers are aware of the owner's safety goals through these discussions. By discussing safety with the workers, the owner's representatives can reinforce the importance of safety and uncover potential issues. It is also an activity that will influence others, whether they were direct participants in the discussions or not, since other workers will see what is happening and they will discuss it among themselves. This also helps to strengthen the alignment of individual goals with those of the owner, and building shared commitment simultaneously.

The Dual Nature of Leadership

There is a dual nature of leadership for the owner. The first part is in setting and enforcing the standards of performance. This is what defining contractual requirements and monitoring actual performance is about. The second role is to provide feedback as to the worthiness of that performance. This second role involves both positive and negative reinforcement. The negative comes through invoking contractual remedies for those events of damage or unacceptable performance, to either correct the shortcomings or remove the failing performer (at whatever level in the project organization they reside). This is one function of the audit and reporting process. The positive feedback comes in recognizing and celebrating the achievements of the team and its members. Through this later aspect, the leader motivates and encourages those on the team toward goal accomplishment. In order to adequately fulfill this role as motivator, the owner must be an engaged participant in the project. This also requires involvement by the owner, in seeing and being seen on the project site by management and craft workers.

Recognition means that the owner is tracking what is happening on the project, is aware of the challenges and difficulties that the situation presented in reaching milestones, and believes that certain things are worthy of being celebrated in some fashion. In order for recognition to be meaningful, those receiving it my value the "giver" of the recognition, and it must be seen as both sincere and legitimate. Unless the owner's representative is recognized by the workers on the site (which comes from the site visits and auditing process described above), his participation in any recognition will be meaningless. The only way for an owner to reach the worker and management of a project is to be known by them. This is an added benefit that an owner receives through an active program of site visitation. This participation also reinforces the message, for both workers and management, that safety is a significant measure of success.

Feedback should come in multiple forms across the duration of the project. It will result from the continual intercommunication of the owner's representatives with the site, through both reporting and actual visits. It will be given through recognition during the performance of work. It should also be a step in closure by contract with each party to the project. Prior to any contractor completing its work and departing the site, there should be a critique meeting. In this meeting the dialogue must be in both directions, from the owner providing an overall evaluation of the contractor's performance, and from the contractor giving feedback on the owner's involvement and influence on results.

Conclusion

In summary, leadership is about creating a vision and then communicating with people to ensure they know where they are and how they are doing toward achievement of that vision. The leader, for construction project safety is the owner, even though they are not accountable for the actual safety of the craft workers. Still, without the active engagement of an owner in making safety a project goal, and then monitoring and driving performance toward that goal, safety is a more difficult achievement.


Opinions expressed in Expert Commentary articles are those of the author and are not necessarily held by the author's employer or IRMI. Expert Commentary articles and other IRMI Online content do not purport to provide legal, accounting, or other professional advice or opinion. If such advice is needed, consult with your attorney, accountant, or other qualified adviser.

Home > Free Risk & Insurance Information > Expert Commentary > Risk Management > Construction Safety > Owner Safety Leadership (February 2004)