LEGAL COVID-19 Strange new world
In this strange new world of construction during the
COVID-19 pandemic, new types of protective equipment,
physical distancing measures, hygiene practices
and health screening measures – many of which were unimaginable
or unnecessary on construction sites only a few
months ago – have become widely accepted. These measures
will likely remain in place throughout the pandemic and may
continue after.
It is important for constructors and construction employers
(industry professionals) to continue meeting all of their
obligations under occupational health and safety (OHS) legislation
and public health orders to ensure worker safety.
Otherwise they face enforcement measures from OHS regulators
(and disgruntled employees), including, but not limited
to, work stoppages and regulatory prosecution.
Much has been written on the specifics of public health
measures. While understanding public health measures is
important, it is also important to understand key OHS issues
arising from construction sites during the pandemic which
continue to create uncertainties for industry professionals
as sites continue to operate with public health measures
in place.
Construction employers’ duties under OHS legislation
All Canadian OHS legislation, both provincial and federal,
require all industry professionals to take every reasonable
precaution for the circumstances to protect a worker. This
general obligation has not changed in light of the pandemic;
industry professionals alike must implement and enforce
measures to protect workers from contracting COVID-19
on jobsites.
Construction employers’ duties regarding public
health orders
The above catch-all obligation has provided authority for
OHS regulators to force industry professionals to implement
public health orders at jobsites. As such, public health
orders are enforced through OHS regulators’ inspections
and/or investigations and through inspectors’ orders and
prosecutions.
This means industry professionals are responsible for
creating, implementing and enforcing pandemic plans that
fit both their respective trades and jobsites. Such plans and
protocols must account for directives and recommendations
contained in public health orders on measures required to
VISOOT/123RF
of OHS issues at
construction sites
By Patrick Groom and Victor Kim, McMillan LLP
Morning toolbox talks now look a
little different than pre-COVID-19
PILING CANADA 67
/profile_visoot
