If your company utilizes independent contractors in Ontario, it
may now be required to establish a joint health and safety
committee. In Ontario (Ministry of Labour) v.
United Independent Operators Limited, the Ontario
Court of Appeal ruled that independent contractors count as workers
"regularly employed" by an employer, and therefore must
be included when determining whether an employer is required to
establish a joint health and safety committee under the Occupational Health and Safety
Act.
In July 2004 an independent contractor, operating as a truck
driver for United Independent Operators Limited, suffered a broken
pelvis and two broken legs when he was trapped between his truck
and that of another United truck driver. As the accident
occurred at the worksite of a United customer, the Ministry of
Labour conducted an investigation. The Ministry charged
United with failure to establish and maintain a joint health and
safety committee (JHSC), and issued an order
