July 15, 2011
By Sally Harvey CLT, CLP
Education and Labour Development Department

Sally HarveyOver the past few weeks I have received a few interesting calls in regards to safety on the job site. I would like to relay that information to our members.

Call #1: What is Landscape Ontario’s policy in regards to reporting jobs in value greater than $50,000 to the Ministry of Labour?

Landscape Ontario does not have a set policy in regards to ‘constructor’ responsibilities, however, we do recommend that all members operate in compliance when it comes to safety. The Ministry of Labour provided the following information in response:

The Occupational Health and Safety Act sets out the rights and duties of all parties in the workplace. Its main purpose is to protect workers against health and safety hazards on the job. The Act establishes procedures for dealing with workplace hazards, and it provides for enforcement of the law where compliance has not been achieved voluntarily. There are specific requirements for landscapers under the Act. If you are working on an industrial site or a construction site, specific regulations for those industries will apply to you. Under extended coverage the Act, section 25(2)(h) would apply to the constructor to take every precaution reasonable in the circumstances for the protection of any worker.

“The intent of the Act is to have one person with overall authority for health and safety matters on a project. This person is the constructor of the project. Contractors (possibly including landscape contractors) are responsible for the overall safety on a job site, or project site with the value of the project in excess of $50,000. They are required to comply with the “Constructor Guidelines” as follows:”
 

Key duties of a constructor

Constructors have the following key responsibilities, on the projects that they undertake. Ensure that the measures and procedures prescribed by the Act and its regulations are:
  • carried out on the project.
  • every employer and every worker performing work on the project complies with the Act and its regulations.
  • that the health and safety of workers on the project is protected.
  • that a health and safety representative or a joint health and safety committee is selected or established, when and as required.
  • that the Ministry of Labour is notified of a project, when and as required.

Contact the regional Ministry of Labour office when determining applicable legislation or regulation to the workplace, or obtain legal counsel for advice. Refer to the Occupational Health & Safety Act for specifics, or visit the Ontario Ministry of Labour’s website.

Check out the following two links for additional Safety Compliance information and tools from the old FSA Resources (Now known as WSPS Workplace Health and Safety Prevention Services). Although these tools are under review and revision, they remain important resources to owners and employees in our industry. Stay tuned for the revised publications towards the end of 2011. We will keep you informed, and they will be available as a download: http://bit.ly/luPqkB.

Moral of the story: Notify the MOL of all projects in excess of $50,000, where your firm is responsible for the overall safety on a job site.

Call #2: Did you know that all locate records that you receive to identify all private and public underground locates must be on site and accessible by the individual(s) who is undertaking the excavation? The actual response to this inquiry is found on the bottom of a locate sheet and is as follows:

“A copy of this auxiliary locate sheet(s) and the primary locate sheet must be on site and in the hands of the machine operator during work operations. If sketch and markings do not coincide, the excavator must obtain a new locate. Failure to have the locate sheet in the possession of the excavator on site will result in a fine.”

For more information on how to read a locate sheet: http://goo.gl/ow81b.

Employers must ensure that all public and private gas, electrical and other services in or near the area to be excavated are located and marked. If a potentially hazardous service cannot to be disconnected, the service owner shall be asked to supervise its uncovering during the excavation.

Plan ahead. Before you start digging, please call Ontario One Call anytime, seven days a week and 24 hours a day, at least two working days in advance. You may contact Ontario One Call at 1-800-400-2255, or http://on1call.com/.

Moral of the story: Call before you dig. Make sure all locate sheets have been collected and coincide with the site and ensure that they are in the excavator’s hands during time of excavation to avoid an accident and non-compliance fine. For more information go to the ministry website dealing with trenches: www.labour.gov.on.ca/english/hs/sawo/pubs/fs_trenches.php
 

Be part of the HR solution

The landscape horticulture industry presently has more jobs than skilled workers. We gain annually only 200 post secondary graduates into the industry. With a potential shortfall of over 150,000 skilled workers in the next 10 to 12 years, we need to develop innovative and relevant skilled trades people. It is vital to solve this human resource issue now to ensure continued prosperity of this industry, which the Deloitte Report says will continue to grow by leaps and bounds.

In response to the Deloitte Report on the economic impact of ornamental horticulture on Canada’s economy, Landscape Ontario, in partnership with Humber College and the Ontario Parks Association, and supported by Employment Ontario, circulated a survey last month to gain an understanding of what the barriers and challenges are to skills development in our industry from the perspective of employers, employees, students and teachers/counselors.  

The second phase of this project requires participation in person. Based on the identification of the issues and barriers from the survey results, we will host four half day, professionally facilitated sessions across Ontario to gain knowledge from you about potential solutions to these barriers and issues.

Ontario sessions: Ottawa, Aug. 9, Algonquin College; Sudbury, Aug. 16, Days Inn; Toronto, Aug. 17, Humber College; London, Aug. 18, Fanshawe College.
Contact Sally Harvey should you have any questions at sharvey@landscapontario.com.