Journal of Structural and Construction Engineering

Journal of Structural and Construction Engineering

The Scope of the Supervising Engineer's Responsibilities and Duties in the Construction Safety: A Study of the Iranian Legal System

Document Type : Original Article

Authors
Sepideh Shafiei 1
Mohammad Mansouri Boroujeni 2
1 M.A. Studen, Faculty of Law, Shahid Beheshti University, Tehran, Iran
2 Assistant Professor of Public Law.Faculty of Administrative Sciences and Economics.University of Isfahan. Isfahan. Iran.
10.22065/jsce.2024.434642.3324
Abstract
The current regulations and practice assign the supervising engineer the main responsibility for supervising all safety issues in the construction operations. However, this is based on a misunderstanding of the health and safety regulations of the construction worksites, which have been introduced in the last two editions of the National Construction Regulations. According to the doctrine of Iranian legal system, the supervising engineer's duty is mainly to monitor the safety in the structural issues. The supervising engineer lacks both the expertise and the authority to supervise safety issues related to labor relations, especially the behavior of workers. This task belongs to the labor inspectorate, as stated in Article 96 of the Labor Law. Moreover, the supervising engineer's only authority is to report to the official construction authority to stop construction operations. In doing so, the supervising engineer acts as a representative of the government, with the prescribed public power, and is immune from any compensation claims and liability, unless there is a specific law, which does not exist in this field. Furthermore, the engineer is a prosecuting authority in deciding to stop construction operations, and any possible responsibility lies primarily with the official authority of the construction, which is the decision-making authority. By using the doctrinal legal method, this research clarifies the legislator's intention about the position of the supervising engineer, and provides a precise interpretation of the scope and limits of the supervising engineer's duties and responsibilities in performing supervisory duties, and emphasizes the public and immune nature of the supervising engineer's actions.
Keywords
Supervising engineer
Construction operations
Civil liability
National Construction Regulations
Jure imperii

Subjects

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  • Receive Date 12 January 2024
  • Revise Date 16 May 2024
  • Accept Date 10 July 2024