Canadian Contractor

Alec Caldwell   

Are homeowners compromising your work site?

Canadian Contractor Commercial risk

Homeowners generally won't look at an area undergoing professional renovation in their own homes as a "job site." But if they get injured where you are working, you are just as legally liable as if a member of the public injured themselves on a wide-open, unsecured commercial job site.

Why do homeowners undermine their renovation contractors by inviting outsiders on to job sites to complete work?

My advice is when this happens, nip it in the bud immediately and DO NOT allow anyone on to your job site, as you can well become liable under the Ontario Occupational Health & Safety Act if they get injured.

As the contractor, it’s your job under the Act to protect the safety of everyone who steps one inch on to your site, regardless if they’re delivering products, like windows or lumber from places like RONA or Home Depot. Your neck is in the noose if it goes wrong and they get injured.

We received a call the other day from a CARAHS member contractor about painters arriving unannounced, arranged by the homeowner. They had no safety footwear, no hard hats and did not have the required cards showing they completed courses on Fall Awareness or WHMIS, as required. They were asked to leave, which they did after the contractor explained the issues to them and the homeowner.

In the future, this contractor will alter his contracts to include a stipulation that says, no one is allowed on the work site, which will hopefully avert future headaches or liabilities.

Another member contractor faced the same challenges this week and removed all their tools from the job, after they discovered, on their return to the job site, the owner had let in other workers to the renovation site. They had removed safety barriers over a doorway on the 4th floor, that led to a deck. Problem was the deck had been removed under the renovation. Can you imagine the issues with this one! Quite likely death to anyone stepping outside for some fresh air and who would be to blame? Whose construction site was it? The original contractor.

It’s about doing your due diligence beforehand and about protecting yourself from prosecution. Were stipulations written into your contract that the homeowner were not to let anyone onto your site? Did you have a sign saying NO UNAUTHORIZED ENTRY or call this number to get permission to enter? Was there hours of operation showing say 8 to 5 pm, Monday to Friday? Did you take photos showing proof you had signage, barriers, etc? I’m all about covering the backs of contractors and their businesses!

There seems to be a misconception that homeowners see your job site as their home. Unfortunately this is wrong. We have to begin seeing this as a construction site that falls under the same safety regulations as, for example, a big box store being built. There is no difference between a commercial job being built and a home renovation job going on. They are one and the same under  the Occupational Health & Safety Act. This is the point I want to drill home here to everyone.

When issues like these unfold on your job sites, who will you call to help solve these issues? Both our members involved in my article this week knew exactly what to do. They simply called our toll free number, which goes directly to our office and is answered by us personally, where we were able to address their concerns. We gave them guidance and solved their problems. We even visited both their job sites since they were in the Toronto area.

We invite you to join CARAHS, so we can help you avoid bureaucratic headaches, prosecution, liabilities, red tape and – potentially – injury or tragedy on your jobsites.

By providing education and training, CARAHS reduces your risk of fines, job site closures and prosecution under the Ontario Occupational Health and Safety Act. We are independent of unions & Government

PassionCommitmentIntegrity
CARAHS has over 150 online Health & Safety e-courses.

Membership Toll free 1-866-366-2930 ask for Carrie

Advertisement

Stories continue below

Print this page

Related Stories


5 Comments » for Are homeowners compromising your work site?
  1. John Oborne says:

    Thanks for your help this past week Alec.
    I am truly thank full.
    Regards
    John Oborne a proud member

  2. Glad I was in the area John and could help you. When it comes to safety, your company’s culture is about doing it right and in protecting your workers. Wish there was more dedicated people out there like Oborne Contracting.
    Thanks for taking time out to comment here and hope this article becomes a third party piece to show homeowners and help land the business. Cheers.

    http://www.carahsprotection.com

    • Trent Schwieg says:

      Hey my question for you guys is homeowner asked me to quit working on the site for no apparent reason and being the GC who becomes liable for the next day we were ready to install drywall as the framing was done he left it too long

  3. Thanks for this important topic.

    We currently have a project going where the client has taken the stairs and railing out of the contract – so now they have the stairs on site but no railing – and we have to provide a temp. railing at our cost to make sure all workers are safe.

    This is one area where the contractors who are diligent end up losing money by protecting the owner. The owner did not listen when we made it clear that they had to install the railing….

    Just another detail in writing a project spec. – a lesson for all of us.

  4. It should also be noted that under the labour law the constructor who is usually the contractor is responsible for all health and safety on site. There can only be one constructor on any project. However if the owner chooses to bring additional subtrades on site without the agreement or acceptance of the constructor, the owner has then violated the law under the ministry of labour and the owner has now become the constructor on the project and thus is fully liable for the health and safety of the entire project.

Leave a Reply

Your email address will not be published. Required fields are marked *

*

This site uses Akismet to reduce spam. Learn how your comment data is processed.