Industry professionals should
have proper written protocols,
procedures and policies in
place that show consideration
of the issues that have arisen
as a result of COVID-19.
In the alternative, construction employers can try to
negotiate with the OHS regulator to find an acceptable solution.
Discussions regarding creative additional protective
measures or enhanced means of ensuring proper hygiene at
a jobsite – such as cloth masks, acrylic barricading used in
the retail sector or even respiratory protection used in the
healthcare sector – can often result in a positive outcome.
Each circumstance is unique and depends on the specific
role of the industry professional, the trade, the nature and
location of the jobsite, what other trades may be interacting
on site, etc. – the variables are endless. OHS legislation is vague
and broad to capture unexpected dangers, but it also allows
industry professionals to find creative solutions to fit their
specific projects and encourage compliance by everyone on
site. Be sure to consult with an OHS expert when drafting or
reviewing and revising OHS protocols to ensure obligations
are met and avoid problems with OHS inspectors.
Patrick Groom is a partner in the
labour and employment group at
McMillan LLP. He is designated by the
Law Society of Ontario as a certified
specialist in labour law. Groom has
more than 20 years of labour relations
experience in a wide variety of roles
with particular expertise in construction
labour relations and litigation
and health care restructuring. Groom
frequently appears before all levels of Court in Ontario, as well
as the Ontario Labour Relations Board, the Ontario Human
Rights Tribunal and the Workplace Safety and Insurance
Appeals Tribunal.
Victor Kim is an associate at
McMillan LLP and provides counsel
in all areas of employment and
labour law. Kim assists employers
with managing unionized and
non-unionized workforces in a wide
range of industries, with a particular
focus on advising contractors of all
sizes on managing relationships with
Ontario’s construction trade unions.
He represents employers at the provincial and federal levels
in a variety of workplace issues including labour arbitrations,
collective bargaining, labour board proceedings, wrongful dismissals,
human rights and OHS.
LEGAL
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