The HR Space is edited by Lyne Duhaime, Karen M.
Sargeant and Brian P. Smeenk.
Which party on a construction project is the
"constructor"? While some provinces in Canada use this
term, other provinces use slightly different terms, such as prime
contractor. All are meant to refer to the party at the workplace
that has overall responsibility for health and safety on the
construction project. It is generally that party that is exposed to
the greatest legal liability in terms of safety-related
incidents.
"Constructor" Obligations
For example, under the Ontario Occupational Health and
Safety Act ("OHSA"), constructors have significant
obligations. They must ensure that all employers and workers on the
project comply with OHSA and the Construction Regulations. The case
law has confirmed that constructors will be held to a high standard
in meeting those obligations. Therefore many companies go to great
lengths to avoid assuming this role on a project.
