Legal liability
In 2006, close to one million Canadians were injured on the job, about 1,000 workers were killed in workplace accidents and more that $12 billion in compensation was paid out to victims. In Ontario last year, at least 100 workers died due to workplace accidents. In British Columbia, an average of 36 deaths each year are attributed to workplace accidents or injuries in the province’s construction sector alone.

Although staggering, these figures do not reflect the number of non-work crew victims injured or killed in construction or maintenance jobsites. Most workplace occupational safety organization statistics focus on worker casualties rather than those of the public, according to one industry insider.

“Finding records is very hard because the public is rarely involved in worksite accidents. But when it does happen it usually means big trouble,” says Doug McVittie, assistant general manager and director of operations for the Construction Safety Association of Ontario (CSAO). McVittie is a 35-year veteran who has held a wide variety of jobs in the construction industry since age 16.

Whether it’s a massive explosion caused by a road crew that accidentally punctured a gas pipe, tools or debris falling from a condo project or a pedestrian falling into uncovered trench at a construction site, lives are at stake. Contractors and building companies face stiff fines and legal liabilities, while representative and officers of these businesses could be jailed, McVittie says.

Section 217.1 of the Canadian Criminal Code states: “Anyone who undertakes or has the authority to direct how another person does work or perform task is under legal duty to take reasonable steps to prevent bodily harm to that person, or other persons, arising from that work or task.”

The section also establishes rules for attributing criminal liability to organizations or corporations in the event of injury or death of workers or members of the public. Fine for summary conviction are currently set at $100,000. There is no ceiling set for fines on indictable or more serious offences.

An ounce of prevention
Many potential accidents can easily be avoided when site supervisors have a sharp eye for hazards and a strong resolve to eliminate or mitigate risks, according to Tom Schoenholz, assistant training coordinator for the Canadian arm of the United Brotherhood of Carpenters and Joiners of America.

Experts we talked to suggest the following:
Safety inspection teams — Because the construction site environment is constantly changing, Schoenholz suggests that a safety monitor or team be assigned to inspect the jobsite. Team members can take turns conducting the inspection before, after and during work hours. Inspections should be conducted often and regularly and take into account safety of the crew and public.

“Are the materials properly secured and stored. Are debris lying around and a potential slip and fall hazard? Are construction-crew-only areas properly marked and sealed off? It’s usually this little things that are overlooked in the din and activity of the construction site,” he observes.