Overview

Low-rise construction projects continue to be a source of workplace injuries in Ontario. People working in framing and roofing operations are particularly vulnerable to workplace injury. Read below to find out about some duties of the workplace parties.

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.

Hazards

Hazards that can cause worker injuries and deaths include:

  • falls from a roof or ladder
  • inappropriate use of fall protection systems
  • inappropriate ladder setup
  • unstable ladders from poor or weak ground conditions
  • using a damaged ladder or household ladders
  • contact with overhead hydro lines
  • poorly maintained equipment
  • debris falling from the roof during construction
  • housekeeping
  • improper use and storage of hazardous chemicals (for example, WHMIS or consumer products)
  • inappropriate material handling and storage activities leading to musculoskeletal disorders
  • weather conditions (for example, heat stress, etc.)
  • potential workplace violence or harassment

General safety considerations

Before beginning work on a low-rise construction project consider the following:

  • specific work-related hazards (for example, trenches and excavations, etc.) Review the ministry video about trench digging and excavation safety
  • hazardous chemical and/or other toxic substances and whether engineering controls and other safety measures are in place to deal with them
  • training to address the hazards identified (for example, site-specific fall protection, material handling, ladder set-up, heat stress, etc.)
  • written emergency procedures established by the constructor are in place at the project in the event of an incident (for example, fire, injuries requiring first aid, etc.). Further information is available in the ministry video about emergency response planning on construction projects
  • written working at heights fall rescue procedures developed by the employer are in place. General information about fall hazards on construction projects is available in the ministry video about fall hazards in construction and inspector enforcement tools
  • safe use of ladders on construction projects, including using a portable ladder in accordance with the manufacturer’s instructions. An informative resource is available from the Infrastructure Health and Safety Association about ladder use in construction
  • work to be performed on scaffolds, work platforms, or powered elevating work platforms (for example, correct size, use, and workers’ competence, etc.)
  • type of personal protective equipment required for the work to be performed, including fall protection equipment
  • proper equipment for material handling to reduce the risk of overexertion or musculoskeletal disorders (for example, roof top delivery, ladder hoists, etc.). Learn more about ergonomics in the workplace and manual materials handling on a construction project
  • weather conditions that may affect the construction activities (for example, heat stress, inclement weather)
  • availability of appropriate sanitation facilities. Review the ministry video about preventing infectious diseases on construction sites
  • violence and harassment prevention

Legal requirements

Health and safety at a project are a shared responsibility. One of the primary purposes of the Occupational Health and Safety Act (OHSA) is to facilitate a strong internal responsibility system (IRS) in the workplace. To this end, the OHSA lays out the legal duties of:

  • project owners
  • suppliers
  • constructors
  • employers
  • supervisors
  • workers

When encountering framing and roofing operations at low-rise residential construction projects, ministry inspectors will conduct inspections to verify that the workplace parties comply with the Occupational Health and Safety Act and its regulations, including the sections of the Regulation for Construction Projects (O. Reg. 213/91) that apply to the activities taking place.

At a construction project, the constructor is the party with the greatest degree of control over health and safety at the entire project and ultimately is responsible for the health and safety of all workers. The constructor must ensure that all the employers, supervisors and workers on the project comply with the OHSA and its regulations.

Workers in the workplace who see a health and safety problem, such as a hazard or contravention of the OHSA in the workplace, have a statutory duty to report the situation to the employer or a supervisor. Employers and supervisors are, in turn, required to address those situations and acquaint workers with any hazard in the work that they do.

Some duties of the workplace parties under the OHSA and the Regulation for Construction Projects (O. Reg. 213/91) are listed below. The list is not exhaustive. Please refer to the official text of the legislation for more information about the responsibilities of workplace parties.

Owners

Under OHSA subsections 30 (1),(2), and (3), before beginning a project, the owner must:

  • determine whether any designated substances are present at the project site
  • prepare a list of all designated substances that are present at the site

If any work on a project is tendered, the person issuing the tenders must include a copy of the list as part of the tendering information.

In turn, an owner must ensure that a prospective constructor of a project on the owner’s property has received a copy of the list before entering into a binding contract with the constructor.

Under O. Reg. 213/91, subsections 152 (1) and (4), the owner of a crane or similar hoisting device must:

  • keep a permanent record of all inspections of, tests of, repairs to, modifications to and maintenance of the equipment and prepare a log book for the equipment containing that information
  • the log book must cover the greater period of the past 12 months or the time the equipment remains at the project and be kept with the equipment. Retain and make available, on request, copies of all logbooks and records to the constructor

Suppliers

Under OHSA subsection 31 (1), every person who supplies any machine, device, tool or equipment under any rental, leasing or similar arrangement for use in or about a workplace must ensure:

  • that the machine, device, tool or equipment is in good condition and complies with the OHSA and the regulations
  • if it is the person’s responsibility under the rental, leasing or similar arrangement to do so, that the machine, device, tool or equipment is maintained in good condition

Constructors

Under OHSA subsection 23 (1), a constructor must ensure, on a project they undertake, that:

  • the measures and procedures prescribed by the OHSA and the regulations are carried out on the project
  • every employer and every worker performing work on the project complies with the OHSA and the regulations
  • the health and safety of workers on the project is protected

Under O. Reg. 213/91 subsection 14 (1) , a constructor must appoint a supervisor for every project at which five or more workers will work at the same time.

In addition, under O. Reg. 213/91 subsections 17 (1),(2), and (3), a constructor must:

  • establish written emergency procedures which must be posted in a conspicuous place at the project
  • review the emergency procedures with the joint health and safety committee or the health and safety representative for the project
  • ensure that the workplace parties at the project follow the procedures

Employers

Employers are required, under clause 25 (2)(c) of the OHSA, that when appointing a supervisor to appoint a competent person. A competent person is defined in section 1 of the OHSA to mean someone who:

  • is qualified because of knowledge, training and experience to organize the work and its performance
  • is familiar with this Act and the regulations that apply to the work
  • has knowledge of any potential or actual danger to health or safety in the workplace

Under section 25 of the OHSA, an employer must also ensure that:

  • the equipment, materials and protective devices as prescribed are provided and maintained in good condition
  • supervisors and workers use these items according to the OHSA regulations
  • measures and procedures in the OHSA regulations are carried out in the workplace
  • every reasonable precaution in the circumstances is taken for the protection of a worker

Under O. Reg. 213/91 subsection 15 (1), an employer of five or more workers at a project must appoint a supervisor for the workers.

Under O. Reg. 213/91 section 26.2, an employer of workers who may use a fall protection system must ensure those workers are adequately trained in the fall hazards and the fall protection equipment to be used and given adequate oral and written instructions by a competent person.

Under subsection 26.1 (4), before any use of a fall arrest system or a safety net by a worker the employer must develop written procedures for rescuing the worker after their fall has been arrested.

Supervisors

Under section 27 of the OHSA a supervisor must:

  • ensure that a worker works in the manner, and with the protective devices, measures and procedures required by the OHSA and the regulations
  • advise a worker of the existence of any potential or actual danger to the health or safety of the worker of which the supervisor is aware
  • provide a worker with written instructions as to the measures and procedures to be taken for protection of the worker when required in the OHSA and the regulations
  • take every precaution reasonable in the circumstances for the protection of a worker

Under O. Reg. 213/91 subsections 15 (1) and (2), an employer of five or more workers on a construction project must appoint a supervisor for the workers. The supervisor must supervise the work at all times or have an assistant (who is a competent person) do it.

Workers

Under section 28 of the OHSA a worker:

  • has a duty to work in compliance with the requirements of the OHSA and the regulations
  • must use or wear the equipment, protective devices or clothing that the worker’s employer requires to be used or worn
  • is required to report, to their employer or supervisor, the absence of, or defect in, any equipment or protective device that may endanger themselves or another worker
  • is required to report, to the employer or supervisor, any contravention of the OHSA or regulations and the existence of any hazard they know about
  • must not remove or make ineffective any protective device, required by the regulations or by their employer, without providing an adequate temporary protective device. When the need for removing or making ineffective the protective device has ceased, the protective device must be replaced immediately

At a construction project, under O. Reg. 213/91 subsections 21(1) and 22(1), a worker must:

  • wear protective clothing and use personal protective equipment or devices that are necessary to protect them from the hazards they be exposed to
  • wear protective headwear and footwear at all times

Resources

Contact the Infrastructure Health and Safety Association for additional information about low-rise residential projects.

Contact us

Please call the Health and Safety Contact Centre at 1-877-202-0008 (the number operates 24 hours a day, seven days a week) if you require further assistance or wish to report: