Overview

Construction hazards at active, existing workplaces can lead to serious injuries, both to construction workers and non-construction workers who work at the site. Constructors and employers are responsible for protecting all workers from any hazards that could arise from direct or indirect exposure to construction activities.

Construction may take place at an existing workplace, for example, to:

  • build an extension at a factory
  • repair a foundation of an industrial plant or restaurant
  • reconstruct the interior of a clothing store
  • install a new floor in an office building
  • remove asbestos on pipes in a school, or
  • demolish a section of a shopping mall

Workers employed at a construction project or engaged in other work at an existing workplace could be at risk of injury, for example, because of:

  • slips, trips or falls due to debris or uneven walking surfaces
  • tripping over equipment
  • excavated materials or other objects falling on workers
  • unstable structures nearby, such as other buildings
  • mishandled or poorly placed materials
  • hazardous atmospheres (noxious gases/lack of oxygen)
  • electrical cord hazards
  • toxic, irritating or flammable and explosive gases
  • incidents involving vehicles and other mobile equipment
  • blocked access and egress routes
  • inadequate project barricades/workplace delineation, and
  • unsafe use of propane heaters

Some general duties of workplace parties

Here are some examples of duties under the Occupational Health and Safety Act (OHSA) and its regulations:

Constructors

Among other things, constructors are required to:

  • ensure that the workplace health and safety measures and procedures required by law are carried out on the project
  • ensure that every employer and every worker on the project complies with the OHSA and its regulations
  • ensure that the health and safety of workers on the project is protected
  • give to a Ministry of Labour, Training and Skills Development director notice in writing of a project, containing information required under in the Regulation for Construction Projects, before commencing work on the project
  • ensure that each prospective contractor and subcontractor has received a copy of any designated substances (e.g., lead, silica, asbestos) list before entering into a binding contract for the supply of work on the project
  • appoint a supervisor for every project where five or more workers will work at the same time

Employers

Among other things, employers are required to:

  • take every precaution reasonable in the circumstances for the protection of workers, including protecting them from exposure to hazards such as noise, airborne hazards, designated substances (e.g., lead, silica, asbestos)
  • ensure that workers meet minimum age requirements (16 years for construction work and 14 for non-construction work in existing, non-factory workplaces)
  • ensure that required equipment, materials and protective devices are provided, used and maintained in good condition
  • ensure that a Health and Safety Representative is selected or Joint Health and Safety Committee is established, where required
  • ensure that workers are provided with information, instruction and supervision to protect their health and safety
  • ensure that workers wear personal protective equipment and are trained on its use and limitations
  • prepare and review, at least annually, a written occupational health and safety policy and develop and maintain a program to implement that policy if there are more than five workers in the workplace
  • post a copy of the OHSA in the workplace
  • report injury, illness and occupational disease as per OHSA requirements
  • provide training, labels and material safety data sheets for Workplace Hazardous Materials Information System (WHMIS) controlled products
  • establish control programs when designated substances are used
  • maintain an asbestos management plan when there is asbestos in the workplace in the form of insulation or part of the building materials.

Supervisors

Among other things, supervisors are required to:

  • ensure that workers work in compliance with the OHSA and its regulations
  • ensure that any equipment, protective device or clothing required by the employer is used or worn by workers
  • advise workers of any potential or actual health or safety dangers known by the supervisor
  • where prescribed, provide workers with written instructions about measures and procedures to be taken for their protection
  • take every precaution reasonable in the circumstances for the protection of workers

Workers

Among other things, workers are required to:

  • work in compliance with the OHSA and its regulations
  • report any known workplace hazards or contraventions of the OHSA to the supervisor or employer
  • use or wear the equipment, protective devices or clothing required by the employer

Workers should also be aware of their rights under the OHSA, such as the right to refuse unsafe work and the right-to-know.

Protecting workers

Employers, constructors and supervisors have primary responsibility to ensure that all workplace parties comply with the OHSA and its regulations.

For more information on legal responsibilities please visit: e-Laws: Occupational Health and Safety Act

Health and safety considerations and best practices

Employers and supervisors should emphasize the need for workers to communicate their questions or concerns about workplace hazards. Supervisors or others involved in training workers should be familiar with some of the health and safety concerns unique to construction at active workplaces.

More information

Please note that some of the websites included in this list are not produced by the Ontario Ministry of Labour, Training and Skills Development and may contain information that is not consistent with the OHSA and its regulations. Please refer to the OHSA and its regulations to determine the rights and obligations applicable to workplace parties in Ontario.

Toll-free number

Call 1-877-202-0008 any time to report critical injuries, fatalities or work refusals. Call between 8:30 a.m. and 5 p.m., Monday to Friday for general inquiries about workplace health and safety. Always call 911 in an emergency.

This resource does not replace the Occupational Health and Safety Act (OHSA) and its regulations and should not be used as or considered legal advice. Health and safety inspectors apply and enforce these laws based on the facts they find in the workplace.