THE PARK LAND CONDO TK

HSE VIOLATION PROCEDURE

This procedure aims to provide guidelines in implementing penalty and disciplinary action toward
Company/Supplier/any Person who has breached CMLD Rules & Regulations, be they are
staffs/workers of the Chip Mong Land or Subcontractors/Suppliers.
This is to ensure that every party perform and commit to implement general Good Industry
Practices in order to maintain Site Safety and good environment for Cambodia.
Two types of actions are considered:
- Health, Safety & Environmental Penalty (HSE Penalty): This will be applied to
Contractor/Supplier/Vendor who has not well maintain their safety management system on
the Project/ fails to comply / unable to manage the good safety practice or has breaches
CMLD Rules & Regulations.

- Disciplinary Action: This action has its purpose to ensure all staffs / workers share their
responsibility in respecting CMLD Rules & Regulations, to report any unsafe situation / to
work in safe manner and not to endanger other people on site.

1- Health, Safety & Environmental Penalty (HSE Penalty):

The Contractor / Supplier who acknowledges and agrees that it has been informed about CMLD’s
Health, Safety & Environmental Rules and is conversant with and adheres to general international
Good Industry Practice in terms of Health, Safety & Environment.
Any breach to such rules and Good Industry Practice may entail the application to a financial penalty
(the “HSE Penalty”) equal to series of breach as follows:
For each case of breaches the penalty fees will be applied to the responsible Company.
Category Description Penalty
Fees
Breaches - Violations

+ Hard hat 5$

Not Providing to Site + High Visibility Vest 5$

Personnel -Mandatory PPEs + Safety Shoes 5$
+ Face Mask 5$

+ Welding Mask 10$

Not Providing to Site
Personnel any additional +Welding Gloves. 10$
PPEs in electric welding
+Welding Apron 10$

Not Providing to Site + Welding Mask/Face shield 10$

Personnel any additional
+Welding Gloves. 10$
PPEs in Oxy-Acetylene
cutting/welding +Welding Apron 10$

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+ Face Shield / Goggles. 10$
Not Providing to Site
Personnel any additional + Ear plugs 5$
PPEs in carpenter:
+ Safety Gloves 5$

Rebar Cutter /Bender/Screw Maker:

Not Providing to Site 10$
Personnel any additional + Face Shield / Goggles.
PPEs in Rebar Workshop: 5$
+ Safety Gloves

Not Providing to Site + Safety Gloves 5$

Personnel any additional
PPEs in Manual Handling:

Not Providing to Site + Full Body Harness 500$

Personnel any additional
PPEs in Working at height:

Not Providing to Site + Face Shield / Goggles. 10$

Personnel any additional
PPEs in Cutting & Grinding: + Safety Gloves 5$

+ Safety Goggles 10$

Not Providing to Site
Personnel any additional + Rubber Gloves 5$
PPEs in Concrete Casting:
+ Safety Boots 10$

Not Providing to Site + Goggles 10$

Personnel any additional Not
Providing to Site Personnel in + Safety Gloves 5$
Concrete Steel Trowel:

Not Providing to Site + Full Body Harness 500$

Personnel any additional
PPEs in Climbing the Tower
Crane:

Not Providing to Site + Full Body Harness (If working at height) 500$
Personnel any additional
+ Safety Goggles 10$
PPEs in Pre-Stressed
Concrete Activity: + Safety Gloves 5$

Installation of Flashback no flash back arrester on compressed gas cylinders 500$

arrestor

Installation of Collective + no protective cover of rebar stakes. 100$

Protection
+ welding work without spark protection. 100$

+ Cutting work without spark protection. 100$

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+ trip hazard (Poor housekeeping, hole opening, 100$
access obstacle…).

+ non-protection of flammable materials (gasoline…) 100$

+ work at height without fall arrestors, life-lines, 500$/per

incomplete scaffold, Access Staircase, complete case
platform.

+ deep excavation (Deeper than 1.2m) without shield 500$/per

protection or 45-degree slope, no access Stairway, case
+ no steel barricade,
+ no staircase with handrail and cross access
platform with handrail.

+ Missing of guardrail around opening (formworks, 500$

slab, lift voids)
+ No protection against falling through opening holes
(Formwork, slab, lift voids) 500$

Incomplete scaffolding + Incomplete Scaffolding structure 100$ / per

case
+ Incomplete planks/platform
+ Missing guardrails
+ Missing of staircase/fixed ladder
+ No Kickboards/Toe boards

+ cutting motors without protective cover/spark 100$

protection.
Safety of Equipment/Tools + non-compliant electric welding machine (damage
cables, broken electrode holder, broken / no earth 100$
clamp.

Safety of Trucks/Heavy + non-equipped of equipment’s safety facilities such 100$/

Equipment including delivery as rotation light, rear mirrors, back up alarm. equipment
trucks + exceed of people on the driver/operator’s seat.

Electricity on site + no grounding connection to electrical 500$/

panel/stationary equipment equipment
+ Conductivity of earthing system is not less than 5
ohms.

+ using damaged insulation of wire cable, 100$/case

+ non-waterproof socket and plug

+ Access to inside panel board by unauthorized 100$/case

person

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Fire Prevention + Absence of Fire Extinguisher nearby hot work 100$
operation (Arc welding area, cutting/grinding area,
Oxy-Acetylene Cutting area)

+ no barricade around Lifting area/unsafe area. 100$/ per

case
+ poor quality of lifting tools (slings or cable,
shackles, hooks and/or other lifting devices)

Lifting work with non-
compliant situation:
Driving on site
+ no safety pin on lifting hook, no rigger on materials
lifted
+ presence of the people under lifting operation
+ no signal man (its safety tools: whistle, flag…)
+ Unsafe Lifting Operation
+ Reversing without banksmen 20$

Team Discipline + No housekeeping, 100$

+ No site cleaning 100$
+ Materials / wastes left over along edges/ opening 100$
without falls protection.
100$
+ Materials / wastes left over on the scaffolding
without falls protection.

Environment Protection + Oil spillage, 100$ per

case
+ Dust Control,
+ Noise Control
+ Discharge of untreated water to public drains
+ Discharge of painting waste to ground/public drain
+ Discharge of any other chemicals/hazardous
materials without proper control/treatment.

The application of this HSE Penalty is at CMLD’s entire discretion and will be documented in
writing by the issuance of a specific Non-Conformance Report setting out the breach, counter
signed by CMLD’s Senior Project Manager.
The monetary value of the HSE Penalty will be deducted from the next payment certificate. The
Contractor shall immediately after the issuance of the Non-Conformance Report, at its own
costs and to the satisfaction of CMLD, remedy to the breach of the CMLD Rules or the Good
Industry Practice.

Should the cumulative value of all HSE Penalties incurred by the Contractor reach the HSE
Penalty Cap, CMLD shall be entitled, at its own discretion, to terminate the Works Contract for
default of the Contractor.

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2- Disciplinary Action:

Disciplinary action aims to ensure that the persons employed on the project site are well following
CMLD Rules & Regulations.

This disciplinary action will address toward the workers who carelessly implement their job or to any
personnel/staffs (Supervisor/Engineer) who are not taking into account the safe practice / safe
system of work in order to keep their people safe.

Yellow and Red Card Rules:

- In case of some light breaches, a person would receive First Yellow Card, Second Yellow
Card and Third card which is Red Card.

- A person who get the second yellow cards either on same day or after a while from the first
one; he/she will be suspended and instructed to stay in the camp for one day (one Day off
work).

- A person who get red card, he / she will be dismissed/terminated from the Project.

- In case of some medium breaches, a person will receive one yellow card and the next breach
will be Red Card and as a result he/she will be dismissed/terminated/suspended from the
Project site.

- In case of serious breach, a person will straightly receive Red Card and as a result he/she
will be immediately dismissed/terminated/suspended from the Project site.

The person who violate the CMLD Rules & Regulations will be issued a Disciplinary Action Report
(Appendix 1 - Disciplinary Action Report) each time and recorded in a register (Appendix 2 –
Register of Disciplinary Action – HSE Penalty) to monitor the history and any necessary record for
future action.
For each case of breaches the penalty fees will also be applied to the responsible Company.
Category First Second Red Description Penalty
Yellow Yellow Card Fees
Card Card Breaches - Violations

+ Working Without Site Access 5$

Non-Worn of Site Access Badge
Badge (Per case)
+ Working with Visitor Badge

+ Hard hat 5$
Non-worn of any + High Visibility Vest 5$
Mandatory PPEs (Per
case) + Safety Shoes 5$
+ Face Mask 5$

Non-worn of any + Welding Mask 10$

additional PPEs in
electric welding +Welding Gloves. 10$

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+Welding Apron 10$

+ Welding Mask/Face shield 10$

Non-worn of any
additional PPEs in Oxy- +Welding Gloves. 10$
Acetylene cutting/welding
+Welding Apron 10$

+ Face Shield / Goggles. 10$

Non-worn of any
additional PPEs in + Ear plugs 5$
carpenter:
+ Safety Gloves 5$

Rebar Cutter /Bender/Screw

Non-worn of any Maker:
additional PPEs in Rebar
+ Face Shield / Goggles. 10$
Workshop:
+ Safety Gloves 5$

Non-worn of any + Safety Gloves 5$

additional PPEs in
Manual Handling:

Non-worn of any + Full Body Harness 15$

additional PPEs in
Working at height:

Non-worn of any + Face Shield / Goggles. 10$

additional PPEs in
Cutting & Grinding: + Safety Gloves 5$

+ Safety Goggles 10$

Non-worn of any
additional PPEs in + Rubber Gloves 5$
Concrete Casting:
+ Safety Boots 10$

Non-worn of any + Goggles 10$

additional PPEs in
Concrete Steel Trowel: + Safety Gloves 5$

Non-worn of any + Full Body Harness 15$

additional PPEs in
Climbing the Tower
Crane:

+ Full Body Harness (If working 15$

Non-worn of any at height)
additional PPEs in Pre- 10$
Stressed Concrete + Safety Goggles
Activity: 5$
+ Safety Gloves

Smoking On Site + Smoking at workplace 5$

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+ Smoking at public area 5$

+ Smoking at Flammable 20$

Storage area / gas storage
20$
+ Smoking at other prohibited
area

Unsafe acts by each + Access to higher level by 10$

personnel climbing the scaffolding frame/
props/column rebars.

+ Abuse the rules by working 10$

restricted area (coactivity, co-
location works (up & down) …)

+ Use of non-compliant 10$

tools/equipment

+ Throwing objects/materials 25$

from height

+ Dangerous lifting operation 25$

Other Misconducts on + Defecation in the worksite 25$

site by each personnel (Pee, …)

+ Throwing of waste on site 5$

+ Horseplay 5$/person

+ Violation / Fighting Dismissal

+ Consume Alcohol / Drug or Dismissal

under influence of it

+ Gambling Dismissal

+ Theft / Involvement in theft Dismissal

+ other unforeseen act that 10$

endanger his/her own safety or
other safety.

3- Special Cases:

CMLD reserves their rights in instruction to evacuate any person from site be they are staffs from
own Company / Contractor / Supplier in order to maintain the Site Safety and Security.

4- Appendix:

Appendix 1 - Disciplinary Action Report

Appendix 2 – Register of Disciplinary Action – HSE Penalty
Appendix 3 – Picture of Example of Some Breaches

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Appendix 1 - Disciplinary Action Report

DISCIPLINARY ACTION REPORT

Name: ...................................................................... Date: ..........................................................
Position: ................................................................. Department: ................................................
Name of Supervisor: ........................................................................................................................
This is to officially record the violation of the CMLD Rules & Regulations committed by you as per
details below:

Description of violation:
............................................................................................................................................................
............................................................................................................................................................
............................................................................................................................................................
............................................................................................................................................................
............................................................................................................................................................

Last Discipline Record: Currently Action Taken For This Case

 None  1st Yellow Card/Verbal Warning

 1st Yellow Card/Verbal Warning  2nd Yellow Card/Final Warning
 2nd Yellow Card/Final Warning  Red Card
 Suspension
 Termination / Dismissal
Employee:

I, .................................................................. acknowledged & accepted this warning notice and

understand fully the consequence of the disciplinary action.

Associate’s Signature

Approved by:

Site Supervisor In charge Construction Manager

Company: ………………… CMLD

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Appendix 2 – Register of Disciplinary Action – HSE Penalty

REGISTER OF SITE DISCIPLINARY ACTION - HSE PENALTY

PROJECT NAME: THE PARKLAND TK CONDO

Nº NAME/ #ID COMPANY POSITION DATE/TIME REASON PENALTY FEE

10

11

12

13

14

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Appendix 3 – Picture of Example of Some Breaches

Category Description HSE Violation /

Penalty Fees
Breaches - Violations

+ Unsafe act that endanger his/her Penalty Fee:

own safety: Climbing on existing 10$
structure with risk of free fall

Penalty Fee:
+ Non-worn of any additional PPEs 15$
in Working at height:

One Yellow
Card Each
Person

+ Unsafe act that endanger his/her Penalty Fee:

own safety or other safety: Climbing 10$
on rebars with risk of free fall from
height when working platform nearby One Yellow
Card

Applied to
Company:
+ Not Providing to Site Personnel
any additional PPEs in Working at HSE Violation
height: 500$ penalty fee

+ Work at height without fall HSE Violation

arrestors, life-lines, incomplete 500$ penalty fee
scaffold, Access Staircase, complete
platform.
Applied to staff:
15$ penalty fee
+Non-worn of any additional PPEs in
Working at height: One Yellow
Card (Medium
Level Breach)

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+ Work at height without fall Applied to
arrestors, life-lines, incomplete Company:
scaffold, Access Staircase, complete
platform. HSE Violation
500$ penalty fee

+ No housekeeping, Applied to
Company:
+ No site cleaning
HSE Violation
+ Materials / wastes left over along 100$ penalty fee
edges/ opening without falls per case
protection.

Applied to
Company:
+ Unsafe Lifting Operation
HSE Violation
100$ penalty fee
per case

Applied to Staff:
+ Dangerous lifting operation
25$ penalty fee
One Yellow
Card (Serious
Level Breach)

+ using damaged insulation of wire Applied to

cable, Company:
+ non-waterproof socket and plug 100$/case

Applied to Staff:
+ Use of non-compliant 10$ penalty fee
tools/equipment
One Yellow
Card (Serious
Level Breach)

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