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Much has been written on the spe-cifics
of public health measures. While
understanding public health measures
is important, it is also important to
understand key OHS issues arising from
construction sites during the pandemic
which continue to create uncertainties
for industry professionals as sites con-tinue
to operate with public health mea-sures
in place.
Construction employers’ duties
under OHS legislation
All Canadian OHS legislation,
both provincial and federal, require
all industry professionals to take
every reasonable precaution for the
circumstances to protect a worker. This
general obligation has not changed
in light of the pandemic; industry
professionals alike must implement and
enforce measures to protect workers
from contracting COVID-19 on jobsites.
Construction employers’ duties
regarding public health orders
The above catch-all obligation has
provided authority for OHS regulators
to force industry professionals to
implement public health orders at
jobsites. As such, public health orders
are enforced through OHS regulators’
inspections and/or investigations
and through inspectors’ orders
and prosecutions.
This means industry professionals
are responsible for creating, imple-menting
and enforcing pandemic plans
that fit both their respective trades
and jobsites. Such plans and protocols
must account for directives and recom-mendations
contained in public health
orders on measures required to protect
workers. This requires careful consid-eration
of the nature of the work and
jobsites affected so that the required
public health measures, and any other
reasonable precautions, can be imple-mented
efficiently and in a manner that
workers will accept and follow.
Best practices for construction site
pandemic plans
Have a written protocol
Industry professionals should have prop-er
written protocols, procedures and
policies in place that show consideration
Victor Kim, McMillan
Patrick Groom, McMillan
Photo courtesy of McMillan
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