Effective Implementation of CPCS Compliance in Construction Companies

1. Introduction

Compliance with the requirements imposed in the Construction Project Safety Culture (CPCS) depends chiefly on the efficient implementation. In addition, understanding the key factors and the weightings of the factors involved will ease the construction industry in dealing with the challenge. This study was aimed to simplify the process and to help the construction companies improve safety by knowing the relative importance of each key factor in a reputable CPCS model. Regulatory pressure, financial incentive, and external stakeholder views are perceived to be the less effective strategies in leading to CPCS compliance. It is better to emphasize the receptive attitudinal and relate the attitudinal to the operational and personal performance of each actor.

Over the past several years, the Indonesian economy has grown rapidly and is showing significant development achievements, especially in the construction sector. Companies in the construction sector are being marginalized, with the number of companies increasing at a substantial rate. Occupational Health and Safety are not highly regulated and therefore workplace health and safety is considered a minor problem in numerous construction companies in Indonesia, which allows them to ignore their employees’ safety. The Construction Project Safety Culture (CPCS) compliance initiative has been introduced as a supplement, focusing on small construction companies and integrating workplace safety into safety management.

1.1. Background of CPCS Compliance

CPCS, which is one of the National Plant Scheme in the UK, has been recognized as the best practice standard for competence testing and card scheme registration for plant operators on most major projects within the UK. Having recognized the status of the UK’s plant registration scheme, it is crucial that construction companies in Middle Eastern nations comply with the CPCS requirement in order to guarantee the competence of the plant machine operators capable of meeting the UK minimum standard required and reducing safety and productivity issues related to the unskilled plant machine operator involved in the project. The UK Construction Industry Training Board (CITB) challenges global economies to resolve the plant operator’s skills shortage problem by aligning their existing plant registration scheme with UK CITB’s CPCS. The current study identifies and evaluates some of the models used to effectively implement CPCS compliance in construction companies.

Construction Plant Competence Scheme (CPCS) compliance is a specialized competence scheme provided to construction workers and plant machine operators in both the United Kingdom (UK) and in about 40 nations across the world. In most developing nations, the CPCS scheme has become the international benchmark for assessing and providing the competence needed for heavy equipment operators. CPCS compliance forms an integral part of almost every UK construction company. The UK government and large construction companies are currently calling for the mandatory requirement for CPCS qualified heavy equipment operators in all construction sites on a global scale. In practice, assessment of every plant machine sub-group is conducted based on given standard equipment used to carry out recognized activities demonstrating the competence of operators to meet the set standards.

2. Understanding CPCS Compliance

The understanding of CPCS compliance is a company that has implemented the standards set by CPCS. Compliance targets both companies and private investors. The company complies with various laws and regulations, including wage and hour laws, anti-bribery laws, OSHA laws, and other rules that develop the company’s reputation. Companies focused on serving and developing their workforce become the hallmark of American business standards. In the end, companies with a focus on CPCS compliance are successful in developing their human capital, providing safer and more skilled employees.

Organizations and companies that operate must comply with the existing legal standards, one of which is implementing compliance in work safety and health. CPCS itself provides standards in certification programs related to work health and safety through conferences, meetings, and professional development. The standard includes specifications, guidelines, rules, or characteristics designed to ensure the quality and performance of materials, products, processes, development, or organizations.

2.1. Key Components and Requirements

Implementation of an effective system for controlling a project and a company in relation to construction planning and scheduling is a difficult task that demands clear definition of targets for the system functions, identification of necessary conditions for its operation, and establishment of clear requirements for every element. The results of examination of guidance materials, statutes, and standards of the majority of countries show that planning and scheduling requirements that have been codified are based on a small number of general principles: project participants need to plan their activities; ensure that activities do not begin before the necessary conditions are established; provide necessary resources; ensure that the project is not delayed due to the implementation of their activities; if necessary, reassign the responsibility to others for the delay of the project; and demonstrate their compliance with the plan. Compliance with these principles should be demonstrated for the entire project, as well as for specific types of work, applying individual project milestones and considering the peculiarities of each project, irrespective of its size and cost, and the availability of a computer for scheduling.

3. Roles and Responsibilities

The next section of this article explains the oversights that have happened and how our research has resulted in some new practices in project planning to avoid common mistakes.

According to All-State CPCS, companies must comply with the regulations below: – Keep records and submit forms prior to commencing work in a Category I or Category V wetland, riverfront area, or buffer zone, and prior to altering a roadway. – Separate CPCS work areas from stable roadways and sidewalks. – Remove and properly dispose of C&I waste off-site. – Locate stockpile areas a significant distance from wetland resource areas, and contain runoff from materials management areas. – Stabilize disturbed areas within two days of grading and during construction. – Schedule construction activities to minimize land and water disturbance and erosion. – Protect wetlands on-site from all pollution. – Secure site perimeter and entrances, manage erosion, and consider using entrance tracking pads to control discharges. – Train employees and subcontractors on CPCS requirements.

3.1. Competent Persons

A competent person should be experienced in the task. He must also be competent to understand the risks and have the authority to ensure that these have been suitably addressed. He should have the appropriate training and knowledge to appreciate the risks and know how to deal with them. For example, prior pre-assembly, installation, use and striking. He should be constantly aware of the activity and performance of all those involved. A team is always needed if the situation is coming to a worksite wide temporary or over 7 meters high.

The toolkit specifically requires a competent person for temporary works and an inspection team. Good practice calls for a competent person to be engaged to inspect CPCS/competent person etc when it is in use and following any modification or repairs – in particular with regard to assembly, use, striking and compliance. Third party inspection authorities can provide a suitable service.

4. Supervisors’ Role in CPCS Compliance

The US DoJ’s Evaluation of Corporate Compliance Programs provides that: “Appropriate discipline of individuals responsible for failure in their oversight of compliance obligations” is an important criterion for the Justice Department’s evaluation of the company’s ethics and compliance programs. It explicitly mentions the role of supervisors and managers and asks to determine if the “company has provided for appropriate discipline of individuals responsible for oversight of the misconduct including their supervisors as applicable”.

Supervisors’ Role in CPCS Compliance: Supervision is one of the most important elements in assuring compliance with compliance programs and supporting the behavior change that contributes to the institutionalization of corporate compliance responsibility. This is especially true of front-line supervisors or managers. They have the most direct and immediate interaction with workers and are therefore the most effective change agents. It is, after all, essential that supervisors themselves not only understand but are also seen to be in compliance with ethics and compliance standards. In 1984, the US Federal Sentencing Guidelines explicitly recognized the supervisory role in compliance and created incentives to promote and reward effective supervision of subordinates. In the United States, Brazil, the United Kingdom, and Australia, provisions of the Clean Companies Act, the UK Bribery Act, the Australian Criminal Code Act are similarly prescriptive.

5. Management’s Role in CPCS Compliance

In the context of effective CPCS compliance, company officers, including the board of directors, should create a structural infrastructure that promotes a fully-loaded culture of compliance, supported by appropriate levels of training, conduct codes, and corrective procedures. Importantly, such a structure is not one-size-fits-all. The propensity of a compliance program to be effective is typically most closely tied to the processes established for assessing and managing risks. Manufacturing firms face different problems and risks than service companies or financial institutions. Similarly, construction companies are usually subject to legal restrictions that arise in the course of conducting business. These constraints apply, among other things, to the tendering and contracting processes. Such materials constitute prima facie evidence of a company’s commitment to comply with various state, federal, and international regulations. In addition to regulatory compliance, a company’s reputation for honest dealings is central to the company’s marketability.

Management’s strict observance of company policies and procedures regarding the avoidance of collusion or corruption in procurement, disbursement, and contract administration is crucial to effective implementation of CPCS compliance at the department and project levels of the construction company. Management’s vital role focuses on the commitment of company officers to conduct business without paying bribes, as well as their understanding that appropriate measures must be in place to support a truly ethical infrastructure not easily compromised by opportunities for misfeasance and malfeasance. The creation and consistent enforcement of codes of conduct, sustained organizational oversight, the establishment of an example at the top, and perhaps the severest discipline of personnel who violate company codes of conduct clearly signal the unequivocal support for ethical behavior. Management’s policies should reflect the company’s commitment not to engage in any prohibited activities in the course of conducting its business. Management’s efforts to oversee this commitment must be evident in the assignment of individuals competent to monitor and assure their avoidance or correction.

5.1. Supporting a Culture of Compliance

“It seems like many of our leaders know more or less what proper ethical behavior is but when they are in a position where they can save a bit or keep a relationship with a watch (trusted company) that does right back (illegal behavior, violation), they lose the company and act unethically. They are like nervous watches (people) who cannot even observe the street. Their choice to keep silent or finally act unethically has a significant impact on the whole company. Leaders who at a business level develop a culture of silence, look the other way, or do nothing to regulate unethical conduct within the organization only discredit both integrity and values. These actions are indicative of unethical behavior and are in direct contrast to the promotion of strong integrity and a good culture within a company. states that in such a culture of silence, the risk of improper behavior is too great, the true performance indicators are not visible, leading to a culture of not really legal rules. It is essential that the discretion of people sensibly whether it is to reveal illegal conduct, not to comply with the legal rules, or to respond to acts that may cause loss would be derived from the creation of a corporation with the central value of conformity with the legal rules.

The fact that many company leaders and employees in South African companies acknowledge compliance with the legal rules as a necessity with regard to its projects was an indication that there were sufficient active supporters to set up the foundation for the commencement of the journey towards a sustainable compliance program. Company leaders gave much credit to compliance in their companies and outwardly gave much attention to compliance, including that of the rules of the Client and Public Companies and being proud of compliance. Although these actions point to the creation of compliance as a core value, suggest that there is a big difference between just speaking the truth and really being a living example of the truth.

6. Best Practices for Effective Implementation

A compilation of best practices has been developed from analyzing the existing literature on both the client and the subcontractor in the construction field from 2000 to date. The methodology consists of a selection of keywords rationally chosen from the research’s aim. The qualifying words chosen were, among others, three main stages of the introduction of CPCS for a company (CPCS implementation process, CPCS transfer into a project, CPCS diffusion process), so that the study research could be linked to the best practices and methodologies designed, developed, and elaborated, as well as policies and laws. The most recent publications of existing databases such as Scopus, WOS, and Google Scholar are referred to. Scientists and engineers have explored whether the searched documents were related to the field of architecture, civil engineering, and building. The references from the reviewed papers have also been consulted in order to obtain the most useful literature developed in the field of management of safety and health. The final output research presents a synopsis of it. Best practices have appeared since the nineties, loosely grouped. Sometimes, moving in the form of guidelines, manuals, posters, documents in networks, or reports. Others are developed from the basis of significant research. Important construction sector clients have encouraged and even subsidized the development of this type of material.

The Center for Construction Research and Training (CPWR) and Liberty Mutual Insurance Company, as well as the report developed by the Division of Economics and Business, Office of Safety, Health, and Working Conditions, National Institute for Occupational Safety and Health CDC, and the Lessons from the Road Technology Transfer project from the National Work Zone Safety Information Clearinghouse, among other researchers, have examined the best practices and strategies used to incorporate, develop, and tailor effective programs for the construction sector on safety and health. These best practices include three main stages of implementation: a) the process of implementing CPCS for a company, meaning the development of adaptations and modifications and the benchmarks for the productive improvement of the organization; b) the process of transferring the model to the project, which is linked to the project execution and the management of the safety and health process that involves the coordination with all actors; and, to a lesser extent, c) the process of extending the model to other companies through sharing, instruction, etc.

6.1. Training and Education Programs

There is, however, a need for training and proper education. It concludes with the statement: learning is the key to effective implementation of CPCS compliance. Furthermore, the article states that the most significant concern is the need for a research study on how construction workers learn about safety in the ad hoc and complex work environment of construction. What the research implies is that minimizing injuries on the construction site does not mean that one can simply provide a safe site; then all the workers will do their jobs. It needs to be ensured that all the workers are properly trained in the subject at hand. The present study strongly supports this. In conclusion, CPCS has had a significant effect on reducing the fatalities and injuries on construction sites due to falls or other hazardous jobs associated with the erection of steel studs.

The research survey determined that training programs, particularly targeted at the field workers and supervisory levels, are essential for the effective implementation of CPCS compliance. This reduces the number of site accidents and fatalities. From the research study, it can be concluded that the level of CPCS compliance on the email-based instruction online personnel development training tool has a significant relationship to whether the employees observe, conform, or have a positive attitude towards CPCS. Furthermore, many field workers truly believe that CPCS is applicable to their job.