Prime Contractor Safety Responsibilities Dan Montagnon CHSC NCSO

Prime Contractor Safety Responsibilities Dan Montagnon CHSC, NCSO, COHS

Why Are We Here? To learn: • Legal Responsibilities • Sub-Contractor Pre-Qualification • Offenses & Penalties

The Safety Chain Manufacturers Dealers Owners Users

2013 -2018 The next five years will focus more on: • More accountability • New regulations • Less tolerance • Increased fines • Exposing poor performers www. gov. mb. ca/labour/safety/compliance. html

Exposing Poor Performers – Conviction www. gov. mb. ca/labour/safety/compliance. html Example: • January 29, 2009 • A company • Construction, General, Residential • $24, 050 • The company was fined in the July 21, 2006 incident for which a Drywall and Stucco company was also fined for failing to make certain that the sub-contractor ensured competent supervision for its workers to that scaffolding was safely and properly erected and secured.

Legislation In order to understand the safety requirements and your obligations for safety, you must consider and understand the relevant legislation: • The Manitoba Workplace Safety and Health Act • Manitoba Workplace Safety and Health Regulations • Codes of Practice • Other Publications – Guidelines – CSA

The Manitoba Workplace Safety and Health Act W 210 (The WSH Act)

Key Elements of The WSH Act • • • Duties of employers – Part 4 Duties of supervisors – Part 4. 1 Duties of prime contractors – Part 7(3) Duties of owners – Part 7. 2 Duties of suppliers – Part 7. 3 Duties of workers – Part 5 Duties of workplace safety and health committees – Part 40(10) Employer response to recommendations – Part 41. 1(2) Content of safety and health program –Part 7. 4(5) Discriminatory action –Part 42 Right to refuse dangerous work – Part 43

Definitions Example: “Employer" includes a) every person who, by himself or his agent or representative employs or engages one or more workers, and b) the Crown and every agency of the government

Duties of the Employer General duties of employers 4(1) Every employer shall in accordance with the objects and purposes of this Act a) ensure, so far as is reasonably practicable, the safety, health and welfare at work of all his workers; and b) comply with this Act and regulations.

4(2) Without limiting the generality of an employer's duty under subsection (1), every employer shall a) provide and maintain a workplace, necessary equipment, systems and tools that are safe and without risks to health, so far as is reasonably practicable;

b) provide to all his workers such information, instruction, training, supervision and facilities to ensure, so far as is reasonably practicable, the safety, health and welfare at work of all his workers;

What is Reasonably Practicable? “In every case, it is the risk that has to be weighed against the measures necessary to eliminate the risk. The greater the risk, the less will be the weight to be given to the factor of cost”. –Lord Justice Tucker

c) ensure that all his workers, and particularly his supervisors, foremen, charge hands or similar persons, are acquainted with any safety or health hazards which may be encountered by the workers in the course of their service, and that workers are familiar with the use of all devices or equipment provided for their protection

Duties of the Prime Contractor Requirement for prime contractor 7(1) There shall be a prime contractor for a construction project if more than one employer or self-employed person is involved in work at the construction project site at the same time.

Prime contractor for construction project 7(2) The prime contractor for a construction project is a) the person who enters into a contract to serve as the prime contractor with the owner of the construction project site; or b) if there is no contract referred to in clause (a), or if that contract is not in effect, the owner of the construction project site.

Prime contractor for construction project 7(3) The prime contractor for a construction project shall a) ensure, so far as is reasonably practicable, that every person involved in work on the project complies with this Act and the regulations;

b) co-ordinate, organize and oversee the performance of all work at the construction project site and conduct his or her own activities in such a way as to ensure, so far as is reasonably practicable, that no person is exposed to risks to his or her safety or health arising out of, or in connection with activities at the construction project site;

c) co-operate with any other person exercising a duty imposed by this Act or the regulations; and d) comply with this Act and the regulations.

Duties of Contractors 7. 1 Every contractor shall a) ensure, so far as is reasonably practicable, i. that every workplace where an employer, employer's worker or self-employed person works pursuant to a contract with the contractor, and

ii. that every work process or procedure performed at a workplace by an employer, employer's worker or self employed person pursuant to a contract with the contractor, that is not in the direct and complete control of that employer or self-employed person does not create a risk to the safety or health of any person;

b) if the contractor is involved in work on a construction project that has a prime contractor, advise the prime contractor of the name of every employer or selfemployed person with whom the contractor has contracted to perform work on the project; c) co-operate with any other person exercising a duty imposed by this Act or the regulations; and d) comply with this Act and the regulations.

Duties of Owners 7. 2 Every owner of a workplace shall a) ensure, so far as is reasonably practicable, that the land or premises used as a workplace that is under his or her control is provided and maintained in a manner that does not create a risk to the safety or health of any person; b) co-operate with any other person exercising a duty imposed by this Act or the regulations; and c) comply with this Act and the regulations.

General Duties of Employers 4(1) Every employer shall in accordance with the objects and purposes of this Act a) ensure, so far as is reasonably practicable, the safety, health and welfare at work of all his workers; and b) comply with this Act and regulations.

Bill C-45 (The Westray Bill) • Bill C-45 was brought into consideration after an incident on May 9, 1992, when 26 miners were killed in the Westray mine in Nova Scotia • On October 30, 2003, Bill C-45 was passed under the Criminal Code

Purpose of Bill C-45 • Establish a legal duty for all persons directing work to take reasonable steps to ensure the safety of workers and the public

Employee Responsibilities • Take reasonable care to protect their safety and health and the safety and health of other persons who may be affected by their acts or omissions at work.

• At all times, when the nature of their work requires, use all devices and wear all articles of clothing and personal protective equipment required.

Competent Person Competency is defined as: • Knowledge, training and experience • Familiarity with legislation applicable to the work • Understanding the hazards Are you a competent person?

Workplace Safety and Health Regulation Part 2 – General Duties Inspections of workplace 2. 4(1) An employer must a) ensure that regular inspections of the workplace and of work processes and procedures at the workplace are conducted to identify any risk to the safety or health of any person at the workplace; and b) if a risk is identified, correct any unsafe condition as soon as is reasonably practicable and, in the interim, take immediate steps to protect the safety and health of any person who may be at risk.

Inspections of workplace 2. 4(2) A prime contractor must a) ensure that regular inspections of the construction project site and the work processes and procedures at the site are conducted to identify any risk to the safety or health of any person at the site; and b) if a risk is identified, ensure that any unsafe condition is corrected as soon as is reasonably practicable, and in the interim, ensure that immediate steps are taken to protect the safety and health of any person who may be at risk.

Manitoba Workers Compensation Act Liability of sub-contractor and contractor 90(2) Where any work within the scope of this Part is performed under sub-contract, both the contractor and the sub-contractor are liable for the amount of the assessments in respect of the work; and any such assessments may be levied upon, and collected from either, or partly from one and partly from the other.

Meaning of "independent contractor" 75(3) In this section, "independent contractor" means a self-employed person, including a partner in a partnership, who carries on or engages in any industry, and who does not employ any workers in connection with that industry.

Questions?