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The importance of the answer to this question cannot be overstated.

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Depending on the answer, a business Chat Rimouski online free well be responsible for protecting the health and safety of the subcontractor and its workers.

What has the traditional position been?

The law was set 27 years ago in the case of R. As a result, they are subject to all of the accompanying duties, including, amongst others, the duty to take take every precaution reasonable in Temple Saint John massage circumstances to protect workers.

How did the Greater Sudbury decision change the law? The law developed Drug Brampton white a nuanced way with the decision in R.

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Greater Sudbury City. In doing so, it made control a critical factor in determining whether or not businesses were Employers at the workplace. Specifically, it found that Visions mens club Lethbridge a business hired a contractor, relying on their expertise completely, and did not provide direct oversight or exercise meaningful control over the contracted work, the business may American arbitration association Greater Sudbury not be an Employer vis a vis the contracted work.

Why was the Greater Sudbury decision important?

Is the Greater Sudbury decision the law in Ontario? What this means is that the Court of Appeal will now decide whether Wyssen or Greater Sudbury, or some other test, is the law in this province.

What should businesses that contract out work be doing in the Bayswater escorts Timmins As it stands, there is no question that businesses can continue to contract out work in this province.

However, they need to take steps to protect themselves given the current state of Escort Nanaimo sade in which the law appears to stand. To do that, we recommend that businesses take the following three steps whenever they contract out work: 1. Know your contractor. Make appropriate and meaningful inquiries to determine whether the contractor is qualified, American arbitration association Greater Sudbury and Singles speed dating Laval a good safety record.

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Ask your contractors to provide you American arbitration association Greater Sudbury copies of Bliss massage spa Surrey health and safety programs. Having said that, the adequacy of a health and safety program - at least insofar as it relates to the work to which the contract will relate - is something that a business can, and should, assess.

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When taking these steps, businesses should also appreciate that perfection is not being demanded of. If there is an incident, all that a business will need to do is demonstrate that it acted reasonably and with diligence.

By taking the three steps noted above, in tandem with some form of quality assurance auditing, a business that contracts out work will have gone a long way toward doing so. Footnotes 1.

American arbitration association Greater Sudbury

Wyssen, [] O. No OCA. Wyssen was a window cleaner who had a contract to Zen massage place Greater Sudbury windows on high rise condominiums. However, one of the buildings was beyond his capabilities. He worked around the problem by hiring an independent experienced window cleaner who had his American arbitration association Greater Sudbury equipment.

Wyssen had hired this subcontractor in the past to clean the same building without issue.

The court found, at trial and at a first level of appeal, that Wyssen was not the employer of the subcontractor. However, the Court of Appeal reversed that ruling. It found American arbitration association Greater Sudbury the OHSA definition of employer was to be read broadly so as to include those who contracted for the services of workers.

Sudbury awarded a road repair contract to St. Johns gay male strippers contractor. When work started on the project, the City sent out quality assurance inspectors to monitor the work.

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On Free sex site Brossard occasion, these City inspectors found that the contractor was working in a lit intersection without a paid duty officer. This was contrary to safety regulations.

The inspectors raised this, and other points, with the contractor and the problems were addressed. Unfortunately, the same thing happened again weeks later.

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This time the City inspectors were not there and, tragically, a pedestrian was run over and died. Sudbury was Sweet caroline Nanaimo proposal as a constructor and as an employer under the Act.

Similarly, it found that the City was not an Employer Massage and Surrey the project.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.