Understanding rules under the act.

• Author: BEST, PETER

Frequency of construction workplace injuries sign there is a lack of awareness of the Occupational Health and Safety Act

Workers on every construction project in Ontario are protected by the Occupational Health and Safety Act (OHSA).

All construction employers have a positive duty under the OHSA to ensure that all the measures and procedures prescribed by the act and its regulations are complied with. Officers and directors of employers are personally liable for ensuring compliance with the act.

Even owners of land where construction activity is taking place have obligations under the act.

Here are only some of the positive duties placed on all construction employers by the OHSA:

* duty to provide a safe work environment;

* duty to educate and train workers;

* duty to have an occupational health and safety policy;

* duty to appoint competent supervision;

duty to ensure that workers and supervisors comply with the act;

* duty to immediately report accidents causing critical injury or death.

In addition to the construction employer, its officers and directors, each of the employer's supervisors and workers who breach the act can be charged with an offence. Even "horseplay" on the job is prohibited by the act and can result in a charge if an accident occurs because of it.

Most construction workers are given the right under the act to refuse dangerous work. If a worker reasonably believes his health or safety is in jeopardy, he can stop work and demand that his concerns be addressed before he continues working. This is a very sensitive and complicated area and strict adherence to proper procedures is required by all involved.

Offenses under the OBSA are regarded as quasi-criminal in nature. The Crown, like in all criminal cases, must prove all the elements of the alleged offence beyond a reasonable doubt.

The most usual defence is that of "due diligence." For example, that the construction employer took all reasonable steps and precautions to avoid the happening of the event giving rise to the charge. Any accused relying on this defence to win an acquittal must demonstrate that there were internal safety practices and procedures consistently adhered to and that the accident happened notwithstanding everything reasonably possible having...