If you are a contractor in Ontario, make sure you are compliant in your responsibilities in relation to your subcontractors

Contact D&DCPD to review your policies before you have to call us to deal with the Ministry

As a contractor operating in Ontario, compliance with legal responsibilities regarding subcontractors is not just a best practice; it’s a necessity. Understanding and implementing proper policies related to anti-discrimination, anti-harassment, and workplace safety can save you from hefty fines and ensure a safe working environment. This article highlights key legal requirements dictated by the Occupational Health and Safety Act (OHSA), the Code of Practice to Address Workplace Harassment, and the Ontario Human Rights Code.

The OHSA mandates that all employers, including contractors, create and maintain a harassment policy. This requirement extends to subcontractors, who must also be informed of company policies to ensure they understand their rights and responsibilities. The purpose of these guidelines is clear: to cultivate a secure and healthy work environment.

As a contractor, your obligations include providing comprehensive training and information on your workplace safety policies which includes the harassment policies. This means ensuring that your subcontractors are well-acquainted with the practices necessary to prevent workplace harassment and maintain safety standards. Neglecting this area can lead to dire consequences, both for your workers and your business.

In addition to safety protocols, the Ontario Human Rights Code plays a crucial role in defining the landscape of workplace conduct. It explicitly prohibits discrimination based on various grounds such as race, gender, sexual orientation, and disability. This legal framework ensures that every worker—from general contractors to subcontractors—receives fair treatment and respect in their work environment.

To comply with these laws, it’s essential to have robust human resource consulting strategies in place. You must draft, implement, and monitor effective anti-harassment and anti-discrimination policies. This is where an HR firm like D&DCPD is indispensable. Fostering a culture of respect and dignity, you not only adhere to legal requirements but also promote employee morale and productivity.

Failing to implement required policies poses significant risks. The penalties under the OHSA can be severe. Individuals found violating these regulations may face fines of up to $500,000 or, in the case of corporate directors, up to $1,500,000, along with possible imprisonment of up to 12 months. Corporations themselves risk fines soaring to $2,000,000. Such financial repercussions underscore the importance of maintaining employee safety and compliance.  Moreover, the reputational damage from failing to provide a safe working environment can far outweigh any immediate financial costs. Stakeholders, clients, and prospective employees are more likely to partner with organizations known for their commitment to workplace safety and inclusivity. Navigating the complexities of legal requirements can be daunting. If you have questions about drafting or implementing workplace policies in accordance with the OHSA or the Ontario Human Rights Code, please contact our office to discuss.     

The Human Rights Code emphasizes the importance of maintaining a work environment free from discrimination and harassment. As a contractor, you're expected to implement policies that actively promote inclusivity and respect. This includes training your team—and subcontractors—on recognizing and addressing discriminatory practices. Creating robust anti-discrimination and anti-harassment policies is a critical compliance step for contractors. These policies should be comprehensive and accessible to all workers, including subcontractors. They should outline specific behaviors that are unacceptable and provide clear steps for reporting incidents. Training sessions can reinforce these policies, ensuring that everyone understands their rights and responsibilities within the workplace.

Additionally, having a designated individual or team responsible for overseeing these policies can help foster an inclusive culture. It's important to demonstrate a commitment to upholding these standards, as this not only protects your subcontractors but also enhances your reputation as a responsible contractor. Workplace safety is paramount in the construction industry.

The OHSA stipulates that contractors must take every reasonable precaution to protect the health and safety of workers including safety from harassment. This includes conducting regular safety audits, providing necessary safety equipment, and ensuring that all personnel, including subcontractors, receive adequate training in safe work practices, unacceptable behavior and what is or is not discrimination and harassment. Contractors must not only develop a safety plan that includes emergency procedures, hazard assessments, and ongoing training programs, they must put in place a system that allows workers to make complaints and investigates complaints in a way that upholds legislation. Engaging a firm like D&DCPD to manage the complaint system can foster collaboration and ensure that everyone is compliant on a site. By creating and enforcing anti-discrimination and anti-harassment policies, as well as prioritizing workplace safety, you contribute to a respectful and safe work environment. Embracing these responsibilities not only fulfills your legal obligations but also strengthens your business reputation and enhances worker morale.

Contact D&DCPD now to review your current policies and practices to ensure they align with the OHSA, the Code of Practice to Address Workplace Harassment, and the Ontario Human Rights Code. Give our office a call at 613-866-8637 or visit our website at www.dndcpd.com