Can a general contractor avoid becoming a constructor under the Occupational Health and Safety Act (OHSA) by contracting out its legal status and duties?
No! A constructor or any other party that has legal duties under the OHSA cannot contract out of those duties. A constructor has overall project responsibility for compliance with the OHSA and is responsible for ensuring the health and safety of all workers, including workers directly employed by its contractors. Duties of a constructor are set out in section 23 of the OHSA, which requires a constructor to ensure compliance with the OHSA on a project undertaken by the constructor, including compliance by its contractors and subcontractors and their direct employees.
