Contracting Under the OHSA: Navigating the Legal Minefield

The OHSA imposes a complex array of responsibilities and liabilities with respect to contracting.  Employers can be held liable for the OHSA contraventions of sub-contractors and are considered the “employer” of every worker employed by a sub-contractor. There are special rules for construction contracting which allow owners to contract out OH&S liability when strict legal criteria are met.

You will learn about:

• OHSA obligations for the employees of sub-contractors
• Why pre-qualification is critical for establishing due diligence for sub-contractors
• Strategies for ensuring due diligence for temporary agency workers
• The nuts and bolts of an effective contractor management program
• How to conduct an effective pre-job meeting with sub-contractors
• Legal obligations for supervision of contractors
• A review of the unique OHSA definitions of “construction” and “project”
• How owners can inadvertently become responsible for OH&S compliance for an entire construction project
• The latest word from the courts about contracting for construction and the fine line between being a prudent owner and becoming the constructor
• The importance of well drafted contract language which reflects OHSA roles and responsibilities