The Thin Line: Constructor Status and Responsibilities under the OHSA

IMPORTANT NOTICE: This program will run from 9:30am to 12:00pm. Breakfast will be provided.

Description:

One of the most complex issues under Ontario occupational health and safety law relates to determining which party is the “constructor” on a construction project.

The constructor of a project has extensive responsibilities, including the need to file documents with the Ministry of Labour and ultimate responsibility for health and safety on the project for all workers.  Unfortunately, it is possible for owners to unknowingly assume the role and responsibility of a constructor even when they hire an experienced general contractor for that purpose.

Recent prosecutions, have shown that the Ministry of Labour has taken an aggressive stance on attempting to impose constructor obligations on owners in situations even where another contractor was put in charge of the project.

Knowledge of the fine line between owner and constructor is critical not just for construction contractors, but for any organization that plans to have construction work done, even work as minimal as office renovations.

At this seminar, you will hear from the lawyers who successfully argued the most recent precedent-setting case on this matter, R v City of Greater Sudbury, about how your organization can plan projects to avoid unintentional constructor status, as well as:

• How courts determine who is the constructor;
• In planning a project, how to determine which party should take on the role of constructor;
• How to minimize the risk that an owner or developer is found to be the constructor on site;
• How to balance the need for an owner or developer to monitor construction and be involved in planning with the requirement that a constructor maintain control of the site; and
• How owners can avoid “back-door” liability as an employer for health and safety on a construction project.

(Program and content are not legal advice.  Please contact our team to learn how we can help you meet your goals)