Injuries to non-employees must now be reported in Ontario. Home renovation contractors beware!

It seems courts in Ontario are saying that any workplace injuries to members of the public must be reported. Does this put you, the home renovation contractor, at more risk? Sure it does! Because as we all know, homeowners and their family members are usually at home, at least in the evenings, on your/their jobsite.

In 2011, an Ontario school board was fined $275,000 for a violation of the OHSA (Ontario Health & Safety Act) after an explosion in a school classroom that killed a student. Read more.

And in August last year, an Ontario Superior Court of Justice decision with regard to a member of the public who was killed in an accident at a company’s premises changed everything. This decision has expanded the purpose and role of the OHSA well beyond work safety, to include public safety. Read more.

Keeping these prosecutions in mind, what would happen if a roofing shingling contractor did not secure the safety of their residential job site, including taping doorways to alert the homeowner who could be inside or arriving at the premises during the work – only to be injured by tripping over materials or debris, or perhaps hit by a falling object. Would this not come under these new laws and the apparently expanded role of the OHSA to protect public safety? Injuries to homeowners, family members and others will be investigated by the MOL, like any other workplace accident involving workerss. The MOL’s job is to investigate, find fault and prosecute all who are found negligent.   

What if it you are working on a renovation job andyou leave your tools on the premises overnight? What if an inquisitive teenager lived there and decided they wanted to check out your work and maybe try out some of your tools? What if they turned on your table saw? You probably don’t want to think about this, but you could well be found liable and prosecuted if an accident were to occur. Does that change your mind about what tools to leave on-site?

Remembe,r the Ministry of Labour laws have never changed – they’ve always treated home renovations as worksites, no different than commercial or industrial worksites. Now, it seems the courts are backing up the MOL and prosecuting those found guilty of causing  non-employee accidents.

I advise every contractor to post as many danger or warning signs as possible around your renovation jobsites. If you have to leave tools behind on premises, make them safe, especially power tools, using the lock out/tag  practice.  

Make sure everything is put away safely and don’t just cross your fingers and hope!

CARAHS is a non-profit association for renovators and home services providers. We offer EDUCATION, INFORMATION and BENEFITS.

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