Ontario
Clamps Down on Health & Safety Violations
Thursday
March 6th, 2008
5,000 building companies will be targeted
DON PROCTER
correspondent
TORONTO
Construction companies caught violating provincial
health and safety regulations in Ontario can expect more
than a rap on the knuckles this year as the government
toughens its stand on rule breakers.
Fines are steep ($50,000 and up isn’t unusual) and
contractors could also face criminal charges as a result
of Bill C-45, an amendment to the Criminal Code in
Canada last March. Furthermore, the chances of a
contractor getting caught breaking the rules are greater
than ever since the Ministry of Labour (MOL) hired 100
building inspectors last year and plans to bring on 70
more this year.
Leading safety consultants say the provincial
government’s clampdown on offenders is simply a reaction
to steadily surging accident rates in an industry that
doesn’t take safety seriously enough. It is the
industry’s own fault.
“A
lot of people had to die and a lot of people had to get
hurt in order for this clampdown to happen,” explains
Derek Petrie, health and safety instructor for the
Interior Systems Contractors Association of Ontario (ISCA).
Petrie says the government has a list of over 5,000
high-risk companies (companies with either a long record
of accidents or several severe injuries) in the building
industry that it will visit quarterly.
“Unfortunately, once you make the Ministry’s list, they
will come looking for you.”
Safety consultant Bob Hopkins says it is still not all
that uncommon to see workers without safety boots and
hardhats. Hopkins is sales manager of FHS Inc., a major
health and safety consultant to the construction
industry.
He
says accidents can often be traced back to the
construction supervisor.
“Too
often, they make decisions based on common sense as
opposed to the rules and regulations. They are often the
most important people in a construction company, but
they are also often the weakest link between the field
and the office.”
From
a legal perspective, the MOL views a supervisor as “the
owner of the jobsite”, he adds, noting the province
issued more stop work orders in 2005 then ever before.
To
prevent becoming one of the MOL’s stats, his advice to
contractors is to prepare a sound safety management
program that measures up to the Occupational Health &
Safety Act.
What
is important on every site is that equipment, materials
and protective devices as prescribed are provided,
maintained and used properly. Training workers and
supervisors is essential and a copy of the OH&S Act must
be posted on site, adds Petrie.
Particularly easy prey for the MOL site inspectors is
the fly-by-night contractor who works for cash, says
Hopkins.
“If
you want to clean up your industry, stop hiring guys
with no GST number. Stop paying cash.”