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Why Due Diligence Matters?

Hiring contractors introduces multiple layers of OHS liability, particularly in environments where multiple employers' workers coexist. Whether your site falls in provinces like AB, BC, and NB, where you can designate a 'prime contractor' for OHS compliance, or in regions like ON and SK, with specific provisions for construction projects, the need for a meticulous approach remains paramount.

Your Action Plan

  • Pre-Qualification Audit: Start by selecting contractors not just on price but safety. Conduct thorough Health & Safety (H&S) audits to ensure they meet your OHS criteria, focusing on their safety program, training, competent supervisors, and past safety records.
  • Contract Negotiation: Use your contracting power wisely. Include key safety obligations in your contracts, such as compliance with OHS laws, implementation of safety programs, and indemnity clauses for any losses due to safety violations.
  • Post-Hiring Monitoring: Once the contract is awarded, your role in ensuring safety doesn't end. Keep a vigilant eye on the contractor's adherence to safety practices through regular monitoring and documentation.

Take Away

While hiring 'prime contractors' or 'constructors' may shift some responsibility, it doesn't absolve you of all safety liabilities. Implementing a due diligence strategy across all contracting phases—from bidding to project completion—is critical for minimizing risks and ensuring a safe work environment.
 

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