A city has won a suspension of a Ministry of Labour inspector's decision that the city was a "constructor" under the Ontario Occupational Health and Safety Act on a watermain-improvement project.
The city was the "owner" of the project. It had retained, for the project, a construction company which had assumed the role of constructor under the OHSA and was carrying out the duties of constructor on the project.
The city asked the Ontario Labour Relations Board to suspend the operation of the inspector's Order that the city was the constructor. The MOL opposed the suspension request, alleging that the city had retained a great deal of control over the project, including the timing of some of the work, and had control over the construction company and the police service (which performed some traffic control functions in connection with the project). The MOL argued that because the city had such "control", the city should also have the duties of constructor under the OHSA.
The OLRB suspended the MOL inspector's Order pending the outcome of the city's appeal challenging the inspector's decision. The OLRB decided that the safety of workers on the project would be maintained because the construction firm was an "experienced and responsible entity" which was carrying out the duties of constructor on the project. While the city may have requested and paid for the traffic control services provided by the police, it was at the construction company's request that the city contacted the police and arranged for traffic control. The construction company "more closely resembled" the constructor on the project. Compelling the city to carry out the obligations of the constructor would cause it prejudice that it ought not to bear if it was not in fact the constructor.
City of Greater Sudbury v A Director under the Occupational Health and Safety Act, 2015 CanLII 86601 (ON LRB)
For more information, visit our Occupational Health & Safety Law blog at www.occupationalhealthandsafetylaw.com
About Dentons
Dentons is the world's first polycentric global law firm. A top 20 firm on the Acritas 2015 Global Elite Brand Index, the Firm is committed to challenging the status quo in delivering consistent and uncompromising quality and value in new and inventive ways. Driven to provide clients a competitive edge, and connected to the communities where its clients want to do business, Dentons knows that understanding local cultures is crucial to successfully completing a deal, resolving a dispute or solving a business challenge. Now the world's largest law firm, Dentons' global team builds agile, tailored solutions to meet the local, national and global needs of private and public clients of any size in more than 125 locations serving 50-plus countries. www.dentons.com
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances. Specific Questions relating to this article should be addressed directly to the author.
