Creating an ambiguity in the responsibility of the scaffolding in any accident caused by the legal defect of the scaffolding
Let’s assume that in a construction accident, the worker of the Izogam contractor fell while coming down from the scaffolding. The scaffolding has 2 working positions, and the lower position is 30 cm wide timber, and the worker fell first on this timber and then on the ground. There are 2 opinions in the expert panel:
1: The narrow place and access road Naiman and. Neglect is one of the scaffolding installer’s duties and if he is responsible,
2: As a rule, the work site is provided by the owner, and therefore the issue of the low-width timber of the site is with the owner, and the access road can be added upon the request of the owner, and therefore the responsibility of these two is the responsibility of the building owner.
Regarding the above, a few points are mentioned as follows:
A- According to the laws, including Article 19 of the Law of the Association of Official Judicial Experts and Article 262 of the Code of Civil Procedure, the expert’s report must be substantiated, documented, explicit and justified.
B- Here, paying attention to the responsibility of the manufacturer or owner is according to custom, but paying attention to the responsibility of the scaffolding is according to the law.
The law is enacted by the legislator following certain formalities, in order to enact the law, steps such as approval, signing, and publication must be completed. Also, the laws enacted after 15 days from the date of publication are valid throughout the country, but this is not the case, the custom in The special meaning is the habits that gradually and spontaneously among all people or a group of them become customary as a binding rule and people follow it.
The law is one of the main sources of rights to the extent that according to the constitution, all crimes and punishments must be defined in the law, and an act for which the legislator has not determined a punishment in the law cannot be considered a crime (the principle of the legality of crimes and punishments). ) But custom is not one of the main sources of law, but according to some jurists, custom can be considered as one of the indirect sources of law.
Therefore, judges are obliged to act in accordance with the law in issuing judgments, but there is no such requirement in the case of custom
Since the law is enforceable, it also has an executive guarantee, but custom does not have any type of legal executive guarantee.
According to the above, as long as the law clearly clarifies the responsibility regarding a subject, looking at custom cannot be the main concern.
C- According to the laws, including Article 17 of the Trade Union Law of the country, the scaffolder, as a tradesman, must comply with the laws in providing his services, and in addition, he must comply with the principles of safety and health. If he has not followed the legal-technical systems related to his profession, and if the non-compliance causes an accident, the responsibility of the scaffolding is completely clear, legal and certain.
D – The builder is also obliged to implement the latest work and safety rules and regulations during construction operations based on the laws including Article 12-3-1-17 of the National Building Regulations of the twelfth topic and based on the Article 12-4-1-5 of the twelfth topic He is obliged to comply with the work safety regulations at heights approved by the Minister of Labor Cooperatives and documented in Article 12-6-3-10, he is obliged to comply with the regulations of construction workshops and. Therefore, the responsibility of the manufacturer is also clear and certain.
Seyyed Mohammad Reza Hosseini is the first labor inspector and official expert of justice
This post is written by Alast5009