Project Title: xxxxx
EMPLOYMENT OF LEGAL WORKER
The above refers.
In consideration of the sub-contract works that awarded to you earlier, we hereby informed that you are required to employ legal workers with valid working permits in construction sector and/or properly insured for the purpose of carrying out the said works at designated work place. Upon commencement of your works, you are required to submit a list of your workers together with their valid working permits to our Project Manager or Site Person-In-Charge.
In the event that you have not complied with the above undertaking, you shall be solely responsible for any legal action taken under Malaysian Laws.
EMPLOYMENT OF WORKERS WITHOUT CIDB GREEN CARD / NIOSH COUPON
The above refers.
In consideration of the sub-contract works that awarded to you earlier, we hereby informed that you shall not employ any worker without CIDB GREEN CARD / NIOSH COUPON for the purpose of carrying out the said works at designated work place.
You shall indemnify us and be fully responsible for all liabilities / consequences imposed by authorities arising from not complying with this requirements and regulations.
Project Title: xxxxxx
COMPANY CIDB REGISTRATION
The above refers.
In consideration of the sub-contract works that awarded to you earlier, we hereby informed that your company shall be registered with CIDB for the purpose of carrying out the said works at designated work place.
In the event that you have not complied with the above undertaking, you shall be solely responsible for any legal action taken against you by the appropriate government authority.
Project Title: xxxxxx
HEALTH, SAFETY & ENVIRONMENT REQUIREMENTS FOR SUB-CONTRACTOR
The above refers.
In consideration of the sub-contract works that awarded to you earlier, we hereby informed that you shall comply with the followings for the purpose of carrying out the said works at designated workplace:
1. The Sub-contractor at his own expense to comply fully with the Occupational Safety & Health Act (OSHA 1994), Factories and Machinery Act (FMA 1967) and other related Act and Regulations. The Subcontractor also agrees to defend at his own expense and be responsible for penalties of any nature assessed by such authorities for non-compliance by himself or his employees.
2. The Sub-contractor shall comply and implement with the Project Safety & Health Plan and Occupational Health & Safety Management System Manual and to obey any verbal written or verbal instructions given by the Main Contractor’s Health, Safety and Environment Department (HSE Dept.) from time to time in respect of health, safety and environmental controls.
3. The Sub-contractors shall ensure all employees are competent in their assigned position, and are fit for work under the anticipated conditions and are free from infectious disease as evidenced by medical examination.
4. The Sub-contractor’s workers must attend the Safety & Health Induction, Toolbox Meeting, monthly Safety Committee Meeting and all other Safety & Health Programme under Project Safety & Health Plan which will be carried out throughout the respective project by Main Contractor’s HSE Department. Failing which, the penalties interim of monetary will be imposed to Sub-contractor accordingly.
5. The Sub-contractor at his own expense to provide Personal Protective Equipment (PPE) such as safety helmet, safety shoes, safety gloves, safety belt / body harness etc. to his employees for their use in order to perform their work safely. All equipment shall be in good working order and all defective equipment shall be discarded and removed offsite immediately. Failure to do so may result in a FINE for each violating employee, assessed to the Subcontractor.
6. FIREARMS, GAMBLING, ALCOHOLIC BEVERAGES OR ILLEGAL DRUGS are not allowed on site. Personnel, vehicles and equipment are subject to search upon entering or leaving and while on the site premises. The gambling activity, use of alcohol beverages or the use and possession of illegal drugs during the workday, either on site, during breaks or lunch, or before work, is prohibited. Anyone caught using illegal drugs or alcohol or gambling, during any of these times is subject to immediate termination or dismissal from the site indefinitely and a FINE may be assessed to the Subcontractor for each violating worker involved.
7. As per OSHA ’94, FMA ‘67 and other related Act and regulations, the Sub-Contractor shall provide sufficient workers for daily cleaning of the workplace as required to Main Contractor’s satisfaction. The Main Contractor reserves the right to proceed with site cleaning and the cost will be chargeable to the Sub-contractor are responsible for clearing all rubbish from his trade and transport it to a designated place that allocated by Project Manager / Person-In-Charge.
8. Subcontractor agrees to be diligent in the proper care of any materials or equipments supplied / provided by us. All usable materials or equipments are to be stored in an orderly way that protects them from wind, moisture, theft, and provides general site safety. All non-usable materials or equipments are to be culled and properly disposed of in trash bins provided. Main Contractor may at its discretion hold Subcontractor accountable for value of materials or equipments damaged by negligent Subcontractor care. Main Contractor may back charge the Subcontractor for the cost of materials or equipments, deemed by us to be damaged by negligent Subcontractor care. Subcontractor promptly shall notify us of any defects in any materials or equipments supplied / provided by us.
9. No open burning is allowed at site. PENALTY will be imposed to the Sub-contractor as following:
a. 1st incident : RM 1000.00
b. 2nd incident : RM 2000.00
c. 3rd incident : RM 5000.00
10. The Sub-contractor shall apply for workers quarters (kongsi) to site management and must keep tidy and clean at all times. No any alteration is allowed in design of kongsi. Outsider is prohibited to stay inside the kongsi.
11. The Sub-contractor shall provide the list of workers that to stay in the kongsi to our Site Representative and update the list periodically. As part of our security control, the Sub-contractor shall apply the work pass for all of his workers that work at the site.
12. Sub-contractor and / or his workers are not allowed to operate any canteen at site unless authorize by site management. A PENALTY will be imposed on those who failure to comply.
13. The canteen operator at his own expense must undergo for necessary medical check-up and treatment by local Health Department before operates the canteen.
14. All the rules and requirement of the below listed authorities which are related to the Sub-contractor works shall be compiled accordingly. Failing to do so, the Sub-contractor shall be held responsible for any fine imposed by authorities.
a. Department of Occupational Safety & Health (D.O.S.H)
b. Local Town Council (L.T.C)
c. Construction Industry Development Board (C.I.D.B)
d. Department of Environment (D.O.E)
e. Department of Immigration Malaysia (D.I.M)
f. Jabatan Tenaga Kerja (J.T.K)
You shall indemnify us, and be fully responsible for all liabilities / consequences imposed by the authorities arising from not complying with this requirement.
You have further agreed that a penalty and/or fine by Main Contractor will be imposed on you in the event that you have not complied with the above undertaking.