Greater Sudbury Begets Greater Responsibility: Supreme Court Expands Workplace Responsibilities For Construction Sites

The Supreme Court recently shifted the parameters of responsibility for workplace safety in R. v. Greater Sudbury (City). In a 4-4 split decision, the Court found the City of Sudbury liable for a fatal worksite accident caused by a contractor's employee, concluding that it breached its employer obligations under the Occupational Health and Safety Act (OHSA)¹.

What you need to know

• This decision expands project owners' risk. An owner need not have control over its contractor's workers to be held strictly liable for safety violations under the OHSA.
• Responsibility for workplace safety is a shared obligation. Owners and contractors must therefore work collaboratively to fulfil their "concurrent and overlapping" obligations to ensure provincial standards are met.