This is part-one of a two-part op-ed outlining an ever-evolving safety landscape in Ontario and across the country after the monumental Sudbury court decision.
We are seeing numerous clauses being written by law firms across the province to try and address this issue. And it is a very fine line that everyone has to be careful of. Contractors will face ever-demanding responsibility for health and safety on projects. Collectively none of us are sure who is actually supposed to be responsible for health and safety, which is resulting in a dangerous climate of uncertainty.
It is recommended owners employ a strong prequalification process that requires the constructor to have achieved an accredited health and safety certification such as COR or 45001 COR equivalent. But how can you ensure the programs put in place will be followed? Can you be sure all of your employees have adopted a belief in those systems and programs and are following them? Or, as is often the case, did people just read them, file it and forget it, which opens the door to catastrophe.
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