Huntsville warned to do their “due diligence” with construction contracts
Huntsville was warned to do their “due diligence” with construction contracts, in the April 24, 2024, meeting.
Lawyer, Tom Durkan, from Lloyd, Burns, McInnis, advised Committee that due to a fatal accident in Sudbury, municipalities will now be considered “employers” of their construction contracts.
In 2015, 58-year-old Cecile Paquette was struck by a grader and killed while crossing the road on a construction site, advised Durkan.
He said there was a lack of barriers, safety resources, and police, and as a result, the construction company, Interpaving Limited, was charged and fined $195,000, and the city of Sudbury was also charged.
Although the city argued that it wasn’t the employer and had no control over the site, the Supreme Court deemed it as both the “owner” and “employer” and therefore responsible under the Occupational Health and Safety Act.
The case is up for appeal in July, and Sudbury along with the Association of Municipalities of Ontario are planning a motion to change “employer” in the Act, said Durkan.
He warned Huntsville about the importance of doing their “due diligence” with upcoming contracts because anyone who employs workers or contractors means the employer is responsible for what happens.
He said, “Huntsville should still be prepared to establish all worker safety on construction projects.”
He advised they read the Supreme Court’s guide, along with exercising “hypervigilance” when it comes to establishing standards for contractors and workplace safety.
His suggestions to the Committee included screening contractor track records, expertise, and capacity for compliance; ensure they have experience with workplace safety; inform contractors about workplace hazards; and ensure they uphold health and safety requirements and contract provisions.
Other measures included insurance preparations, meetings with legal council, thorough review of related documents and contracts, establishing standards for contractors, and having reporting systems in place for incidences that include meticulous record keeping.
Durkan also warned that what’s “obscure” about this is that the Act can also impact homeowners with renovations that require hiring contractors. He said, “The homeowner has the potential to be charged as an employer under the Act.”
Mayor, Nancy Alcock, indicated that the Town is already doing their own due diligence, with a “belts and braces approach.” She added that they also already began communications with their legal counsel.
Deputy Mayor, Dan Armour, suggested, “Huntsville should have oversite on every contracting job put out till the July decision is made.”
Durkan agreed when it comes to larger projects. However, he said minor projects that don’t pose a risk for injury is less of a problem.
