Legal Responsibilities

1 1
LEGAL RESPONSIBILITIES
1 LEGAL RESPONSIBILITIES
General
The health and safety responsibilities of all parties on a
construction project are specified in the current
Occupational Health and Safety Act and Regulations for
Construction Projects.
Responsibilities are prescribed in particular for
constructor, employer, supervisor, and worker. Each party
has specific responsibilities to fulfill on a construction
project.
For more detailed information, consult the current Act and
Regulations.
Remember safety begins with you!
Constructor
Appoint a supervisor if 5 or more workers are on the
project at the same time. Ensure that the project is
supervised at all times.
A project that lasts more than 3 months and has 20 or
more workers must have a Joint Health and Safety
Committee.
If a Joint Health and Safety Committee is not required
and there are more than 5 workers, the workers must
select a Health and Safety Representative.
Complete a Ministry of Labour (MOL) registration
form.
Keep a copy of all employer-approved registration
forms on site while employers are on the project.
Send a notification of project to the MOL.
Develop written emergency procedures, make sure
your employees know what they are, and post them
on site.
Ensure ready access to a telephone, two-way radio,
or other system in the event of an emergency.
Report a fatality, critical injury, or other prescribed
incident such as a critical injury to the MOL.
Ensure all workers on site are at least 16 years of
age.
Employer
Read Sections 25 and 26 of the Occupational Health
and Safety Act. It lists many of your responsibilities.
Appoint a supervisor if 5 or more of the employers
workers are on the project at the same time. Ensure
that they are supervised at all times.
Provide workers with training as required by law (e.g.,
fall protection systems, WHMIS, etc.).
Ensure workers are qualified to do work which must
be done only by qualified workers (e.g., electricians,
pipe fitters, etc.).
Develop written procedures for rescuing a worker
whose fall has been arrested (a worker hanging by a
harness).
Supervisor
Supervisors must ensure that workers
use the methods, procedures, and equipment
required by the Occupational Health and Safety Act
and Regulations for Construction Projects.
use or wear the equipment or clothing that the
employer requires
Supervisors must also
tell workers about actual or potential dangers
give workers written instructions when required
take every precaution reasonable to protect workers.
Worker
Select worker representatives for the Joint Health and
Safety Committee.
Tell your supervisor or employer about equipment
problems or other hazards that could hurt you or other
workers.
You have the right to refuse work that you believe
endangers your health or safety or the health or
safety of others. See Section 43 of the Occupational
Health and Safety Act.
Follow your employers instructions to use or wear
equipment, protective devices, or clothing.
Never engage in horseplay on site (pranks,
competitions, showing off your strength,
roughhousing, or unnecessary running).
Health and Safety Representative
The health and safety representative must be familiar with
the current Occupational Health and Safety Act and
Regulations for Construction Projects
procedures in the event of an emergency (see chapter
on Emergency Procedures in this manual)
procedures for refusal to work where health and
safety are in danger (Figure 1).
Right to Refuse Work where
Health or Safety in Danger
(Occupational Health and Safety Act, Part V)
Worker
refuses to
work and
notifies
employer or
supervisor.
Employer or
supervisor
investigates with
worker and JHSC
worker member,
safety rep, or
worker chosen by
union or workers.
Worker
stands by in
safe place
near work
station.
UNRESOLVED
PROBLEM
RESOLVED
Worker continues to refuse
work. Ministry of Labour
inspector is notified.
Inspector investigates in
consultation with worker,
employer or supervisor, and
worker rep involved earlier.
Other worker may do work
if advised of refusal and
reason for refusal.
Pending investigation
and written decision
Worker stands
by or is
assigned other
work.
Employer
gives worker
other
directions.
Decision made.
In favour
of worker
Against worker
Corrective
acton taken.
WORK RESUMES
Figure 1
36383 1_Legal Responsibilities 9-1 3-1_CSAO Responsibilities/Health 10-11-08 8:34 AM Page 1
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Accidents and Injuries
All accidents and injuries, regardless of severity, must
be reported immediately.
Procedures for reporting accidents and the type of
accidents that must be reported are spelled out in
the Occupational Health and Safety Act and
Regulations for Construction Projects.
Further information is available from the Workplace Safety
and Insurance Board and Ministry of Labour.
Certified Committee Members
Where a project regularly employs 50 or more workers,
the health and safety committee on the project must have
at least one member representing workers and one
member representing the constructor who are certified by
the Workplace Safety and Insurance Board (Figure 2).
If no members of a health and safety committee are
certified, the workers and constructor must each select
one member of the committee to become certified.
A certified member who receives a complaint regarding a
dangerous circumstance can investigate the complaint
under the authority of the Occupational Health and Safety
Act. The member may also ask a supervisor to investigate
a situation where the member has reason to believe that
a dangerous circumstance may exist.
The supervisor must investigate the situation promptly in
the presence of the certified member.
The certified member may also request that another
certified member representing the other party at the
workplace investigate the situation if the first certified
member has reason to believe that the dangerous
circumstance still exists after the supervisor's investigation
and remedial action, if any, has been taken.
The second certified member must promptly investigate
the situation in the presence of the first certified member
Health and Safety Representatives and Committee Requirements Under the Occupational Health and Safety Act
Obtain information from a constructor or
employer regarding the testing of
equipment, materials, or chemicals in the
workplace.
Inspect the workplace at least once a
month, with the full cooperation of
constructor, employers, and workers.
Ask for and obtain information regarding
existing or potential hazards in the
workplace.
Make health and safety

recommendations to a constructor or
employer, who must respond in writing
within 21 days, either giving a timetable
for implementation or giving reasons for
disagreeing with the recommendations.
Where a person has been killed or
critically injured in the workplace,
investigate the circumstances of the
accident and report findings to a director
of the Ministry of Labour.
Exercise all the powers granted to the
health and safety representative by virtue
of a collective agreement.
Representative
selected by workers
or union(s)
Selection of
Members
Powers and Rights
Identify situations that may be a source
of danger or hazard to workers.
Make recommendations regarding
health and safety matters.
Recommend the establishment,
maintenance, and monitoring of
programs.
Obtain information from constructors or
employers regarding testing of
equipment or environments and be
present when testing is initiated.
Worker representatives
selected from the site by
workers or trade union(s)
represented.
Manage ment
representatives selected
by constructor or
employer.
Worker representatives
selected from the site by
workers or trade union(s)
represented.
Management
representatives selected
by constructor or
employer.
Members to be selected
by trade workers or
trade union(s) at the site.
Members do not have to
be workers at the site.
Advise the joint health and safety
committee of the health and safety
concerns of the workers in the trades at
the workplace.
Figure 2
6-19 workers
and more
than 3
months
or
6+ workers
and less than
3 months
Size and
Duration
of Project
Representative
or Committee
Who Creates
Committee
Number of
Members
Membership
Requirements
5 Workers
or Less
One Health
and Safety
Representative
20-49
workers and
more than 3
months
Joint Health and
Safety Committee
Constructor At least two At least one non-
management worker
at the project and
one management
representative from
the project if
possible.
50+ workers
and more
than 3
months
Joint Health and
Safety Committee
Constructor At least four Half non-management
workers from the
workplace with at least
one certified.
Half management
representatives from
the workplace if
possible with at least
one certified.
Worker Trades
Committee
Health and
Safety
Committee
At least one
worker
representative
from each
trade
One worker
representative from
each trade.
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and, if both certified members agree, they may direct the
constructor or employer to stop work or stop the use of
any part of the workplace, including machines and other
equipment. The constructor or employer must immediately
comply with the order.
If both certified members do not agree that a dangerous
circumstance exists, either may request that a Ministry of
Labour inspector investigate the situation. The inspector
must investigate and provide both members with a written
report.
Ministry of Labour Inspectors
The inspector can visit a site at any time and exercise
fairly broad powers to inspect, ask questions, and give
orders. If the inspector approaches a worker directly, the
worker must answer questions and cooperate. The
supervisor must be informed of any orders given or
recommendations made.
In some cases the health and safety representative,
worker member of a health and safety committee, or
worker selected by fellow workers or the union has a right
to take part in accident investigation.
The results of accident investigation and reporting should
be made known to all personnel on site.
Recommendations should be implemented to prevent the
accident from happening again.
Training and Orientation
Statistics show that about 20% of all injuries to workers
occur within their first 30 days on the job. This fact
highlights the importance of orientation.
Newly hired workers may be young or old, male or female,
experienced or inexperienced in construction. The worker
may be new to the site, new to the type of work, or new to
the company. A worker coming to any project for the first
time should be considered a new worker and should be
given proper orientation and training.
New employees must be told and, if necessary, trained
and shown what is expected of them in
work performance
safe operation of tools and equipment
procedures around hazardous materials
proper use of any required personal protective
clothing and equipment.
They must also be told, and preferably shown, the location
of
first aid kit or first aid station
fire alarms and exits
fire extinguishers and standpipes
emergency telephones
eyewash station
supervisor's office
tool crib
washrooms
lunchroom.
These locations can be pointed out during a tour of the
workplace when the new worker is introduced to co-
workers, supervision, and the health and safety
representative. To make orientation successful,
supervisors should follow some simple steps.
Talk to new employees. Put them at ease. Find out
how much they know already. Explain why their job
must be done right, how it relates to the rest of the
operation, and what hazards may be involved.
Explain assignments carefully to new workers. Tell
them, show them, ask questions to make sure they
understand. Cover one step at a time. Make key
operations and safety points clear. Be patient and go
slowly.
Test the new workers performance. Watch while the
job is being done. Commend good work. When
necessary, show how the job can be done more safely
and efficiently.
Let new workers continue on their own. Tell them who
to contact for help and encourage them to get help
when needed.
Follow up. Check on work frequently at first. Look for
any bad habits, unnecessary motions, or unsafe acts
that need correcting. Ease off when you're convinced
that workers are doing the job safely and correctly.
Jobsite Safety Talks
Jobsite talks can help prevent accidents and injuries by
promoting hazard awareness in the workplace.
Supervisors should present safety talks on a regular basis
and follow these guidelines.
Before presenting a prepared talk, look it over. Instead
of reading the talk to your crew, use your own words.
Personnel will more likely accept your natural manner
than a formal presentation.
Choose subjects that are directly related to site
conditions or the company's health and safety policy
and program.
Encourage participation. Get the crew to talk about
close calls and hazards. Solutions to these problems
can become the subject of future talks.
Make a note of any hazards the crew may mention as
well as any suggestions for improving health and
safety. Subjects requiring management attention
should be referred to management.
Always follow up. Tell the crew what has been done to
correct problems and improve conditions on the job.
Safety Tips and Safety Talks are available from the
Infrastructure Health & Safety Association. Check them
out at www.ihsa.ca.
1 4
In all cases of injury, the EMPLOYER must do the
following.
1. Make sure that first aid is given immediately, as
required by law.
2. Record the first aid treatment or advice given to
the worker.
3. Complete and give to the worker a Treatment
Memorandum (Form 156) if health care is needed.
4. Provide immediate transportation to a hospital or
a physician's office, if necessary.
5. Submit to the Workplace Safety and Insurance
Board (WSIB), within three days of learning of an
accident, an Employer's Report of an
Accident/Injury/Industrial Disease (Form 7) and
any other information that may be required.
6. Pay full wages and benefits for the day or shift on
which the injury occurred when compensation is
payable for loss of earnings.
7. Notify the Ministry of Labour, health and safety
representative and/or committee, and union as
required by legislation.
The WORKER must do the following.
1. Promptly obtain first aid.
2. Notify the employer, foreman, supervisor, and
worker safety representative immediately of an
injury requiring health care and obtain from the
employer a completed Treatment Memorandum
(Form 156) to take to the physician or the hospital.
Failure to report promptly can affect your benefits
and subject your employer to fines.
3. Choose a physician or other qualified practitioner
with the understanding that a change of physician
cannot be made without permission of the WSIB.
4. Complete and promptly return all report forms
received from the WSIB.
Required
Training
REQUIRED TRAININGCONSTRUCTION HEALTH AND SAFETY
Topic Who? What is required? Legislation
Asbestos Worker who works in a Type 1, Type 2,
or Type 3 asbestos operation.
Instruction and training in hazards,
hygiene, work practices, respirators,
protective clothing.
Asbestos Regulation 278/05 section 19
Certified Member Members of Joint Health & Safety
Committee: at least one representing
constructor/employer and at least one
representing workers
- Construction Health & Safety
Representative
- Sector-Specific Certification
- Simulated Hazard Analysis
(IHSA programs)
Occupational Health and Safety Act,
section 9(12)
Compressed air Worker who is appointed by employer as
the superintendent of all work in
compressed air at a project.
Competent person: knowledge, training,
and experience to organize the work.
Construction Regulation section 336 (1)
Worker who is subjected to compressed air. Full instruction in hazards and safeguards
(signed acknowledgement by worker).
Worker who is designated as lock tender by
the superintendent at a project, and who
attends to the controls of an air lock.
Competent worker: knowledge, training,
and experience to perform the work.
Worker (at least one in addition to the lock
tender) who can perform the duties of the
lock tender in an emergency.
Competent worker. Construction Regulation section 337 (3)
Worker who is designated by superintendent
to be in charge of the compressors for a
work chamber and air lock.
Competent worker, AND either Hoisting
Engineer certification (Trades Qualification
& Apprenticeship Act) or Stationary
Engineer certification (Operating Engineers
Act).
Chainsaw Workers who use a chainsaw. Adequate training in the chainsaw's use. Construction Regulation section 112 (1.1)
Worker who is involved in a Type 3
operation.
Asbestos Abatement Worker Training
Program, approved by the Ministry of
Training, Colleges, and Universities.
Asbestos Regulation 278/05 section 20.
Supervisor who is involved in a Type 3
operation.
Asbestos Abatement Supervisor Training
Program, approved by the Ministry of
Training, Colleges, and Universities,
OR equivalent training in another
Canadian province or territory as
determined by an MOL director.
Asbestos Regulation 278/05 section 20.
1 6
Cranes, hoisting and
rigging
(continued on next page)
Workers who operate a crane or similar
hoisting device capable of raising,
lowering, or moving material that weighs
more than 7,260 kg.
Hoisting Engineer certification training
under Trades Qualification & Apprenticeship
Act.
Workers who operate a crane or similar
hoisting device capable of raising,
lowering, or moving material that weighs
less than 7,260 kg.
Training in the safe operation of the
crane or similar hoisting device
(written proof).
Construction Regulation section 150 (2),
(3)
Worker who is designated by the
professional engineer to inspect a crane
to ensure structural integrity.
Worker who visually inspects the crane's
structural elements and rigging for defects
before each use.
Worker who sets-up, assembles, extends,
and dismantles a crane or similar hoisting
device.
Workers involved with the hoisting
operation of a cable-supported platform,
bucket, basket, etc. that is used as a
workplace.
Adequate instructions about requirements,
restrictions, hazards of the hoisting
operation.
Adequate number of persons who are
available for immediate implementation of
the on-site rescue procedures.
Training in on-site rescue procedures,
first aid, CPR, and the use of rescue
equipment in accordance with the
employers written plan.
Construction Regulation section 221.10
Worker who inspects the rescue equipment
as often as necessary to ensure it is in good
working order.
Competent worker. Construction Regulation section 221.11
Worker who performs tests before and
while a worker is in a confined space to
ensure that acceptable atmospheric levels
are maintained.
Competent worker. Construction Regulation section 221.16 (1)
Worker who carries out an assessment of
related hazards before a worker enters a
confined space.
Person who develops and implements the
written plan for the confined space,
including procedures for control of hazards.
Competent person. Construction Regulation section 221.7 (1)
Worker who enters a confined space or
performs related work.
Adequate training to perform the work
safely in accordance with the employers
written plan, including hazard recognition
and safe work practices.
Person who, before each shift, verifies that
the entry permit complies with the relevant
plan.
Confined spaces
Firefighter or gas technician who performs
emergency work in a confined space.
Training to work safely in confined
spaces.
(2) (b)
1 7
Worker ensures that a circuit (300 to 600
volts) is not inadvertently energized while
work is being done on or near electrical
equipment/installation that has been
disconnected but not locked out.
Competent worker Construction Regulation section 190 (9)
(b) (ii)
Worker who can perform rescue operations,
including CPR, and who can see a worker
who is performing work on or near
energized exposed parts of electrical
equipment/installation.
Worker who may be exposed to the hazard
of electrical shock or burn while performing
work.
Training in the proper use, care, and
storage of rubber gloves and leather
protectors.
Worker who is designated as a signaller
and who warns the operator of a crane/
similar hoisting device/backhoe/power
shovel/other vehicle or equipment each
time the equipment or load approaches the
minimum distance from an energized
overhead electrical conductor.
Electrical hazards Workers who connect, maintain, or modify
electrical equipment or installations.
Electrician certification training under
Trades Qualification and Apprenticeship Act,
OR permission under the Trades
Qualification and Apprenticeship Act or
Technical Standards Safety Act.
Drowning protection Workers (at least two) who shall be
available to perform rescue operations,
if a worker may drown.
Training to perform rescue operations. Construction Regulation section 27 (2) (a)
Worker who is designated as a signaller
and who warns the operator each time
equipment or load may approach the
minimum distance when operating near an
energized overhead electrical conductor.
Worker who performs operational tests on
the automatic limit switches and overload
limit devices of a tower crane.
Worker who visually inspects all cable
used by a crane or similar hoisting device
when in use (at least once a month).
Cranes, hoisting and
rigging
(continued)
Worker who is designated by a professional
engineer and who inspects structural
elements and components of a tower
crane before and after erection, before
use, and after any repairs.
Competent worker. Construction Regulation sections 158 (1)
and 159 (1) (3)
1 8
Worker who handles, transports, prepares,
and uses explosives on a project
Competent worker Construction Regulation section 197
Person who trains and gives adequate oral
and written instructions to worker who uses
a fall protection system
Competent person Construction Regulation section 26.2 (1)
Worker who inspects the travel-restraint
system before each use
Competent worker Construction Regulation section 26.4 (3)
Worker who inspects the fall-restricting
system before each use.
Worker who inspects the fall-arrest system
before each use.
Worker who installs the safety net. Competent worker. Construction Regulation section 26.8 (2)
Person who is under the supervision of
professional engineer, and who inspects
and tests installation of safety net before it
is put in service.
Worker who is designated by a supervisor
to inspect the horizontal lifeline system
before each use.
Competent worker. Construction Regulation section 26.9 (8) 5
Elevating work
platform
- Workers who will operate an elevating
work platform for first time
- Workers who inspect an elevating work
platform each day before use
Oral and written instruction on the
operation AND training in the operation
of that class of elevating work platform,
including a hands-on demonstration
Construction Regulation section 147 and
144 (3)
Equipment Worker who inspects mechanically-
powered vehicles, machines, tools and
equipment (rated at greater than 10 hp)
Explosives Worker who is designated by the blasting
employer to be in charge of the blasting
operations
Explosive-actuated
fastening tool
Workers who use an explosive-actuated
fastening tool
Adequate training in the tool's use
(carry written proof)
Construction Regulation section 117 (1), (2)
Excavation Person who supervises the removal of a
support system for the walls of an excavation
Competent person Construction Regulation section 239 (4)
Fall protection Workers who use a fall protection system Training in its use AND adequate oral and
written instructions (written records)
Construction Regulation section 26.2 (1)
1 9
First aid At least one worker for work crew of five
or less.
Emergency First Aid training program. First Aid Reg. 1101 sections 8 (2), 9 (2),
and 10 (2)
At least one worker for crew of five or
more.
Standard First Aid training program.
Workers who use propane-fuelled roofing
equipment.
Propane in Roofing, IHSA program,
or applicable ROT (record of training).
Worker who inspects the fire extinguishers
(at least once a month).
Competent worker. Construction Regulation section 55
Formwork Worker who is designated in writing by
the professional engineer to inspect
formwork/falsework before concrete
placement.
Hazardous material Workers who work with or in proximity to
a controlled product.
Workplace Hazardous Materials
Information System training program.
WHMIS Reg. 860 sections 6 & 7
Helicopter Ground personnel including a signaller for
a helicopter being used to hoist materials.
PPE Workers who wear protective clothing or
use personal protective equipment or
devices.
Instruction and training in the care and
use of the clothing, equipment, or
device.
Pipeline repair Worker who carries out hot-tapping and
boxing-in when repairing or altering a
pipeline, under controlled conditions that
provide for the protection of all persons.
Propane Workers who use construction heaters
and hand-held torches.
Propane in Construction, IHSA
training program, or applicable ROT
(record of training).
Propane Storage, and Handling
Reg. 211/01 sections 6 & 8
Fire safety Workers who may be required to use fire
extinguishing equipment.
Training in its use. Construction Regulation section 52 (1.1)
1 10
Scaffolds Worker who is designated by the project
supervisor and who inspects the scaffold
before it is used.
Worker who operates a hot tar or bitumen
road tanker or kettle.
Worker who supervises the erection,
alteration, and dismantling of a scaffold.
Worker who inspects mechanically-
powered suspended platform, suspended
scaffold, or boatswain's chair, before use
each day.
Person who is the supervisor's assistant
and who supervises the work in place of
the supervisor.
Competent person. Construction Regulation section 14 (2)
Person who is appointed by the supervisor
and who inspects the project in place of
the supervisor.
Person who performs the necessary tests
and observations for detection of
hazardous conditions on a project.
Worker who directs vehicular traffic. Competent worker AND adequate oral
and written instruction to direct
vehicular traffic, including a description
of the signals that are used, in a
language the worker understands.
Signaller Worker who is a signaller and who assists
the operator of a vehicle, machine,
equipment, shovel, backhoe, crane, or
similar excavating machines and hoisting
devices.
Competent worker AND
- Adequate oral training in his or her
duties
- Adequate oral and written instructions,
in a language that he or she
understands.
Construction Regulation section 104 (3),
(4), 106 (1), (1.5)
Supervision Person who has been appointed a
supervisor by the employer.
Competent person. Occupational Health and Safety Act,
section 25 (2) (c)
Traffic control Worker who sets up or removes traffic
control measures on a roadway or
shoulder of a roadway.
Competent worker AND adequate oral
and written instruction to set up or
remove the traffic control measures,
in a language the worker understands.
Roofing Worker who operates a hoist used on a roof. Competent worker. Construction Regulation section 209 (2)
1 11
Tunnels, shafts,
caissons, and
cofferdams
Workers (at least four) who are readily
available to perform rescues of
underground workers.
Training (30 days before tunneling
begins) to perform rescues of
underground workers.
Construction Regulation sections 265 (1)
and 265 (5)
Workers who perform underground rescue
on project where tunnel and shaft have
combined length exceeding forty-five
metres (150 ft).
Training in the proper operation of the
provided self-contained breathing
apparatus.
Construction Regulation section 266
Workers who are on a tunnel project. Instruction in the proper use, care,
maintenance, and limitations of their
self-rescue respirator.
Person who is appointed by a Director, and
who trains workers to perform underground
rescue and to properly operate their
self-contained breathing apparatus.
Competent person. Construction Regulation sections 265 (3)
and 266 (3)
Person who inspects every self-contained
breathing apparatus at least once a month,
or as required by the manufacturer.
Worker who will give first aid at a shaft or
tunnel project.
Worker who is appointed by supervisor in
charge of project and who operates a hoist
in a hoistway or shaft.
Worker who uses a device used for firing a
charge.
Worker who tests the air and the
mechanical ventilation for an underground
workplace.
Person who instructs and supervises a
worker while the worker is being trained
in the operation of a vehicle.
Vehicle Worker who operates a vehicle at a
project.
Competence to operate the vehicle. Construction Regulation section 96 (1)
Window cleaning Workers who use suspended scaffolds,
boatswain's chairs or similar single-point
suspension equipment while engaged in
window cleaning.
Training in common core skills for safe
use of suspended scaffolds, boatswain's
chairs, and similar single-point
suspension equipment.
Window Cleaning Regulation 859,
section 45
1 12

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