With the mild and dry winter we have had so far, it still feels as if we are waiting for the seasonal shoe to drop! We are already nearing the shortest day of the year, and starting to make our way towards the holidays, the new year and back to more daylight. We have discussed contractor management and pre-qualification already in 2023 but would like to touch on it again in light of a recent Supreme Court of Canada ruling on an Occupational Health and Safety related case in Ontario.
Supreme Court of Canada ruling – Employer Responsibilities
A Supreme Court of Canada decision regarding an incident that occurred on city property in Ontario was recently finalized. The scenario in question was an incident that occurred adjacent to a construction site on city property (public road) in Sudbury, Ontario. This case and the resulting ruling, examines the liability of project owners and the delegation of safety responsibilities to a constructor or primary contractor managing a project.
Prior to the Supreme Court ruling, there were mixed findings in the procedural history of the case, ranging from the finding that the city was only the ‘employer’ of the project and did not have primary control of the project (that would be the prime contractor), to the finding that the city was considered both the employer as well as the constructor (prime contractor).
Ultimately, the city was deemed responsible, as the employer, for ensuring the worksite and activities occurring on the worksite were happening in accordance with provincial health and safety regulations.
Please see the links below for further reporting on the ruling:
A closer look at R v. Greater Sudbury | Gowling WLG
What does this mean for employers, contractors, and service providers?
OHS legislation details differ slightly across provinces and territories. That being said, the essence of the decision can be applied universally. This decision and highlight brings the focus back to ensuring that all parties on site have the necessary health and safety policies, procedures, certifications and knowledge prior to commencing work. The ultimate responsibility falls on the employer to ensure all parties on site (general or prime contractors, subcontractors, and service providers) are adequately prepared and set up in terms of health and safety programs, policies and training.
An employer is a person who employs one or more people or contractors to provide work or supply a service. This ties into the increased emphasis that has recently been placed on contractor management, both legislatively as well as part of the COR/SECOR process.
Contractor Management
A contractor management plan outlines a consistent method of information gathering from contractors and acts as a pre-qualifier, as it reviews the contractors:
-Health and Safety Management System, examining all programs, policies, and safe work procedures in place by the contractor.
-WCB account to ensure it is in good standing, reviewing the contractor’s injury statistics within recent years.
-Liability insurance coverage
-COR certificate or other similar certificates
This process helps to confirm that a contractor will adhere to the necessary safety standards and regulations set out by both Alberta legislation, and your own company’s health and safety standards. A well-crafted subcontractor management plan defines the roles and responsibilities of subcontractors, sets clear expectations for performance and quality, and ensures that all identified potential hazards and risks on site are communicated between contractors and Prime Contractors. This helps reduce the
risk of workplace accidents and injuries; by outlining safety protocols and ensuring that all parties
associated with your company are aware of and complying with them, therefore creating a safer work
environment for everyone involved.
If you have any questions on any of the content covered in this bulletin, or any health and safety topic
at all, don’t hesitate to reach out to your Kasa Safety Advisor. We are always more than happy to help!