Table of Contents

Appendix B: Constructor Guideline

Constructor’s Duties under the Regulation for Construction Projects
Ontario Regulation 213/91

The following chart sets out a summary of the duties of a constructor. While efforts have been made to ensure accuracy and completeness, the chart is intended for general guidance and assistance only. It does not constitute legal advice and does not replace the legislative provisions. In the event of any inconsistency between the chart and the Occupational Health and Safety Act and applicable regulations, the latter prevails. For the purpose of determining the precise duties of a constructor, reference should always be made to the official volumes of the Occupational Health and Safety Act and applicable regulations.

Duty Section of Regulation
Complete an approved registration form before beginning work at a project 5
Ensure that each employer on the project provides a completed approved registration form 5
Ensure that a copy of the employer’s completed registration form is kept on the project while the employer is working on the project  
Where the nature of the project requires it, complete and file a Notice of Project (NOP) at the Ministry Office closest to the project generally before beginning work 6
Post the NOP in a conspicuous place on the Project 6
If NOP is not required but project includes work on a trench more than 1.2 metres deep into which a worker may enter, notify, by telephone or fax, the Ministry Office located nearest to the project before work begins 7
A constructor who submits a report under subsection 51 (1) of the Act (notice of death or injury) or gives a notice under section 52 or 53 of the Act (notice of accident, etc.) shall also provide, within 14 days after the occurrence, a professional engineer’s written opinion stating the cause of the occurrence. 12

Post in a conspicuous place at the project, and keep posted while work is done, a notice setting out:

  1. The constructor’s name, and if the constructor carries on business in a different name, the business name
  2. The address and telephone number of the constructor’s head office or principle place of business in Ontario
  3. The address and phone number of the nearest office of the Ministry
  4. Within 48 hours of selection for a project, the name, trade and employer of each H&S Rep or JHSC member
13
Appoint a supervisor for each project with 5 or more workers working at the same time 14
Establish written Emergency Procedures at a Project and ensure that they are followed in case of an emergency; Post them in a conspicuous place at the project; review them with JHSC or H&S Rep as applicable 17
Ensure that each worker has ready access to a telephone or other system of two-way communication system on the project in the event of an emergency 18
Keep records required by this regulation for at least one year after the project completion 19
The constructor shall keep the design of a horizontal life line system at the project while the system is in use. 26.9(8) para 6
Ensure that facilities (toilet, urinal and clean-up facilities) are provided or arranged at a project before the project is started and that each worker has reasonable access to such facilities. 29(3)
If the location of the facilities is varied, the constructor shall document in writing the locations and reasons for the variance and provide the document to the JHSC, H&S Rep or workers as applicable or the workers if there is no JHSC or H&S Rep. 29(9)
The constructor shall inform the workers of the location of the facilities & post such a location in a conspicuous place on the project if it is practical to do so 29(10)
The constructor shall keep at the project for the duration of the project a record of the servicing, cleaning and sanitizing of the facilities and the variance document required under subsection 29(9) 29(12)
If a temporary standpipe is installed in a building under construction, the constructor shall post at the project, or have available for review, a floor plan of the building indicating,
  1. (a) the location of the hose outlets on each floor;
  2. (b) the location of the point on the perimeter of each floor that is furthest from the hose outlet on that floor; and
  3. (c) the location of each exit on each floor.
57(11)
Re temporary standpipe: The constructor shall give a copy of the floor plan to the fire department located nearest to the project. 57(12)
The constructor shall keep the design drawings for formwork and falsework and the statements from the person who carried out the inspection (Professional engineer or competent worker) of such works on the project while the formwork or the falsework is in use. 89(5)
The constructor shall keep the design drawings on the project while the formwork, falsework or re-shoring is in use. 92(2)
The constructor shall give notice to the Ministry office located nearest the project, in person, by telephone, by fax or by electronic means before the first multi-tiered load hoisting operation is started at a project 103.1(10)
The constructor shall make available to an inspector upon request a copy of the certification by the professional engineer who would have verified and certified the results of a test on the structural components of a scaffold and the corresponding rated load of the scaffold. 127(3)
The constructor shall keep at a project the design drawings and the written statement for a scaffold, while the scaffold is erected, for scaffolds designed by a professional engineer. 130(5)
The constructor shall keep a copy of the design drawings and the required statement on a project while the suspended scaffold or suspended platform that is subject to the requirements of the section is on the Project 139(7)
Before a multi-point suspended scaffold is erected, the constructor shall ensure that the professional engineer responsible for the structural integrity of the permanent building or structure from which the scaffold is suspended provides a written report approving the design loads imposed on the building or structure by the scaffold 142.2 (14)
Before erecting or dismantling a multi-point suspended scaffold, the constructor shall give notice, in person, by telephone, by fax or by electronic means, to the Ministry office located nearest the project 142.3 (1)
The constructor must keep a copy of the required professional engineer’s report and design drawings, any written approvals of deviations from the design drawings (approved by a professional engineer) and the inspection report of a professional engineer in respect of a multi-point suspended scaffold 142.4
The constructor of a project where a multi-point suspended scaffold is used shall keep a written record of all inspections, tests, repairs, modifications and maintenance performed on the scaffold and make copies of the record available to an inspector upon request. 142.8 (1)
Before beginning any hoisting operation involving a worker using a work platform, bucket, basket, load, hook, sling or similar device that is capable of moving and is supported by the cable to a crane or similar hoisting device, the constructor shall notify by telephone an inspector in the office of the Ministry of Labour nearest to the project 153 (11)
The constructor shall keep all design drawings, test reports, written statements and certification documents required under this section with the crane at all times during the hoisting operation 153 (14)
On request, the constructor shall provide an inspector with copies of any document described in subsection (14) 153 (15)
The constructor shall keep at the project while a tower crane is erected a copy of the signed design drawings for its foundation, shoring and bracing and any written opinion about the drawings by a structural engineer. 157(6)
The constructor shall keep the report of the non-destructive testing approved by the Canadian General Standards Board of the structural elements and components of a tower crane, at the project while the crane is erected 158(3)
The constructor shall keep the report prepared by a professional engineer or competent worker designated by a professional engineer who had conducted a required inspection of a tower crane at a project while the crane is erected 159(5)
The constructor shall ensure that the structural engineer responsible for the structural integrity of a building or structure reviews and approves in writing the design drawings and specifications for a derrick, stiff-leg derrick or similar hoisting device before it is installed. 166(4)
The constructor shall keep a copy of the design drawings and specifications for a derrick, stiff-leg derrick or similar hoisting device and the report prepared under subsection (6) at a project while the derrick, stiff-leg derrick or similar hoisting device is on the project. 166(7)
The constructor shall take precautions against hazards caused by helicopter rotor downwash. 167(4)
A constructor shall,
  1. (a) establish and implement written measures and procedures adequate to ensure that no part of a vehicle or equipment or its load encroaches on the minimum distance permitted by subsection (2); and
  2. (b) make a copy of the written measures and procedures available to every employer on the project.
188(4)
The constructor shall,
  1. (a) ensure that written measures and procedures for complying with this section are established and implemented, so that workers are adequately protected from electrical shock and burn; and
  2. (b) make a copy of the written measures and procedures available to every employer on the project.
191(4)
Before any worker enters the confined space or begins related work with respect to the confined space, the constructor shall prepare a co-ordination document to ensure that the duties imposed on employers by this Part are performed in a way that protects the health and safety of all workers who perform work in the confined space or related work with respect to the confined space. 221.4(2)
The constructor shall provide a copy of the co-ordination document to each employer of workers who perform work in the same confined space or related work with respect to the same confined space; and to the project’s joint health and safety committee or health and safety representative, if any. 221.4(3)
The constructor shall provide a copy of the confined space program to the project’s joint health and safety committee or health and safety representative, if any. 221.5(4)
The constructor shall ensure that a copy of the program is available to,
  1. (a) any other employer of workers who perform work to which the program relates; and
  2. (b) every worker who performs work to which the program relates, if the project has no joint health and safety committee or health and safety representative.
221.5(5)
If there is a possibility of unauthorized entry into a confined space at a project, the constructor shall ensure that each entrance to the confined space,
  1. (a) is adequately secured against unauthorized entry; or
  2. (b) has been provided with adequate barricades, adequate warning signs regarding unauthorized entry, or both.
221.15
If an excavation may affect the stability of an adjacent building or structure, the constructor shall take precautions to prevent damage to the adjacent building or structure. 229(1)
The constructor shall keep on the project a copy of every opinion given by a professional engineer, for the purpose of an excavation that is not a trench and is not made in Type 4 soil and with respect to which a professional engineer has given a written opinion that the walls of the excavation are sufficiently stable that no worker will be endangered if no support system is used, while the project is in progress. 234(4)
The constructor shall keep the design drawings and specifications for a prefabricated, hydraulic or an engineered support system at a project while the system is on the project. 236(7)
The constructor shall file with a Director two copies of the design drawings and specifications for an engineered support system before it is used on the project. 236(8)
Before a support system is used for repairing underground pipe breaks, the constructor shall submit two copies of its design drawings and specifications to the office of the Ministry of Labour nearest to the project. 237(3)
If a shaft is to be cut in sound rock, the constructor shall obtain a written opinion from a professional engineer as to whether the walls of the shaft need to be supported by rock bolts or wire mesh to prevent the spalling of loose rock. 279(3)
The constructor shall submit to a Director duplicate copies of design drawings for the shoring and bracing before construction of the shoring and bracing is begun. 280(4)
The constructor shall keep a copy of design drawings for the shoring and bracing at the project while the shoring and bracing are in use. 280(5)
If a tunnel is to be cut in sound rock, the constructor shall obtain a written opinion from a professional engineer as to whether the sides and roof of the tunnel need to be supported by rock bolts or wire mesh to prevent the spalling of loose rock. 307(2)
The constructor shall keep available for inspection at a project the design drawings for the primary supports. 307(7)
No constructor or employer shall begin work at a project where a worker may be subjected to compressed air until the following requirements of this section are met:
  1. The employer of workers who may be subjected to compressed air at a project shall give a Director written notice of the intended use of compressed air on the project at least fourteen days before beginning work on the project
  2. Before work is begun in compressed air, the employer shall obtain written permission from a Director
334(1)(2)(3)
Before work is begun in compressed air at a project, a constructor shall give written notice (containing the required information),
  1. (a) to the local police department and the fire department and public hospital nearest to the project; and
  2. (b) to a Director, together with the names and addresses of those to whom notice is given under clause (a).
335(1)
The constructor at a project shall provide workers with the sturdy metal or plastic badge required for a worker who works in compressed air. Such a badge shall meet the requirements outlined in subsection 339(2) 339(3)
A constructor shall supply at least one medical lock at a project where work in compressed air is done and shall maintain it ready for operation while work in compressed air is being done. 356(1)
The constructor shall send to a Director before construction of an air lock begins a copy of the design drawings for the air lock. 365(4)
The constructor shall keep at a project a copy of the design drawings for an air lock while the air lock is at the project. 365(5)

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