The recent rash of tragic workplace incidents and fatalities in the construction industry has many asking, how can worker safety be improved?
I have been asked by the Daily Commercial News to provide some personal thoughts and recommendations since I have been representing construction companies in Occupational Health & Safety (OHS) law compliance for over 30 years.
Although construction work has a myriad of hazards, it does not have to be unsafe. The management of workplace hazards is what Canadian Registered Health and Safety Professionals (CRSPs) are trained in and qualified to identify, eliminate and control workplace hazards.
When construction projects are organized, managed and executed using safety management system principles, incidents are reduced or eliminated. My extensive experience has led to five recommendations that the regulator and the industry may wish consider to improve the current system for OHS law to keep construction workers safe in Ontario.
- Understand, supportand apply the Internal Responsibility System (IRS); this is the fundamental framework of Ontario’s OHS law. Recently, for a variety of reasons, the Ministry of Labour, Training and Skills Development (MLTSD) has moved away from the IRS and moved towards blaming employers through prosecutions; this trend has not helped improve safety.
- Review and update the Construction Regulation213/91 (the Regulation) that was passed into law in August 1991. It is outdated, does not deal with progressive safety initiatives and undermines the IRS. The Regulation needs a comprehensive overhaul of the safety rules for construction projects.
- Requirewritten Safe Work Procedures (SWP) for all high hazard work. When Alberta amended its OHS law to require a SWP for all new work activities, incident rates fell and fewer workers were injured. Mandating SWPs is a simple and powerful means to ensure that all stakeholders that fall under the IRS follow this fundamental mandate. Just ask a CRSP about the value of SWPs.
- Prohibit workers from being under the “influence” of alcohol and drugs at all construction projects.The MLTSD requires this in the mining industry, but not in construction. Workers were under the influence of drugs in the 1990s death of four workers on the Garden City Skyway and in the 2009 death of four workers in the Metron construction case. Studies have estimated that as many as 40 per cent of construction incidents are related to alcohol and drug consumption.
- Stop relying on the outdated Coroner Inqueststo find answers to how to improve safety in construction. Waiting until there is a death, the resolution of the MLTSD investigation and/or enforcement proceedings, is a flawed system of improving construction safety.
Inquests are fraught with delays and clearly are an inadequate system to improve construction safety in Ontario.
The Metron Inquest, going back to the death of four workers on Dec. 24, 2009, 11 years ago, has still not taken place. Using a panel of industry stakeholders, CRSPs, and legal experts could improve the efficiency and effectiveness of improving safety in construction.
Therefore, the OHS regulatory system in Ontario has room for improvement.
Reinvigorating the IRS, requiring widespread use of SWP, engaging CRSPs, supporting regulatory mandates for “zero tolerance” of drugs and alcohol on the job, and avoiding the “blame game” is critical for improvement.
In closing, my heartfelt sympathies go out to those who have suffered injuries or lost loved ones in the construction industry this year.
Good intentions are not enough to improve safety in construction; responsible leadership and prevention mandates by government officials are required.
Norm Keith is a management-side labour and employment lawyer, specializing in occupational health and safety law and a partner with Fasken, in their Toronto office. https://www.fasken.com/en/Norm-Keith#sort=%40fclientworksortdate75392%20descending.
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