Contractor, not present on job site, was still being accountable for subcontractor’s safety: work board

Contractor, not present on job site, was still being accountable for subcontractor’s safety: work board

Contractor, not present on job site, was still being accountable for subcontractor’s safety: work board

An over-all contractor on the residential project was accountable for the security of their subcontractors though it wasn’t on-site during the time of an accidents.

The overall contractor objected to 2 compliance orders issued to him underneath the Quebec Work-related Safety and health Act, quarrelling it had become “not his work which was at issue, and for that reason not his responsibility”.

The overall contractor had joined right into a handwritten hire a house owner to complete renovation work. Anything incorporated the next among 11 regions of try to be achieved: “supply contractor services for chimney repair re another plan to this contract”. Then he acquired four quotes for that chimney work and retained one subcontractor to achieve that work. He demonstrated the subcontractor round the property and gave him a vital so he could connect to the bathroom.

The Work Board discovered that there is a contract the subcontractor can use staging the contractor had on-site within his contract, which the overall contractor would behave as “paymaster” for that subcontractor.

An work-related safety and health officer using the Quebec government visited the task site as a result of an anonymous complaint. He noted numerous issues of safety including roofers working without sufficient fall protection on incorrectly erected scaffolds. He issued compliance orders towards the contractor.

The Work Board held the compliance orders were justified. The officer had reasonable grounds to think it had become the overall contractor’s worksite that he’d overall responsibility. The handwritten agreement supported this: it known “general contractor” responsibilities. The subcontractor and the worker mentioned they considered the overall contractor his or her “boss”.

The Work Board figured that the overall contractor was “inclined to distance themself from [the subcontractor] following the situation grew to become problematic and that he recognized he would take place partially responsible. Had the chimney work switched out well, [the overall contractor] could took credit for this.Inches

Yvan Haince v. Director of Work-related Safety and health, 2016 NSLB 28 (CanLII)

 

Jermaine

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Comments ( 4 )
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