PRIME CONTRACTOR EVERYTHING YOU NEED TO KNOW IN 10 QUESTIONS AND ANSWERS Presentation By: Chuck Samphire Presentation To: BOMA Date: October 22, 2015 Jobs, Skills, Training and Labour

Occupational Health and Safety Question #1 Why do we require a prime contractor?

Why Prime Coordinate independent, potentially incompatible, internal responsibility systems Recognition that a safety system is only as strong as its weakest link Coordinating communication

Occupational Health and Safety Question #2 When is a prime contractor required?

Section 3 (1) OHS Act Every work site must have a prime contractor if there are 2 or more employers involved in work at the work site.

Occupational Health and Safety Question #3 How do you determine the work site?

Work Site “work site” means a location where a worker is, or is likely to be, engaged in any occupation and includes any vehicle or mobile equipment used by a worker in an occupation

Occupational Health and Safety Question #4 Who is prime?

Prime 1.Owner by Default 2.Agreement

Default 3(2) (b) if no agreement has been made or if no agreement is in force, the owner of the work site.

Defining “Owner” “owner” in respect of a work site means the person in legal possession of the work site or, if the person in legal possession does not request the work, the person with an ownership interest in the work site who requests that the work be done;

Agreement The prime contractor for a work site is (a) the contractor, employer or other person who enters into an agreement with the owner of the work site to be the prime contractor,

Occupational Health and Safety Question #5 How might I void the agreement?

Void Agreement If it walks like a Prime, and talks like a Prime …

Occupational Health and Safety Question #6 Who should be prime?

To Be or Not to Be Party most capable from a safety perspective Party with the most at stake, the most at risk.

Occupational Health and Safety Question #7 How do I choose prime?

Choosing Prime Must exercise due diligence

Occupational Health and Safety Question #8 –What are my responsibilities as prime?

Responsibilities General Duty: 3(3) If a work site is required to have a prime contractor under subsection (1), the prime contractor shall ensure, as far as it is reasonably practicable to do so, that this Act, the regulations and the adopted code are compiled within respect of the work site.

Responsibilities General Direction: 3(4) One of the ways in which a prime contractor of a work site may meet the obligation under subsection (3) is for the prime contractor to do everything and maintain a system or process that will ensure compliance with this Act and the regulations in respect of the work site.

Responsibilities Specific Duties: Serious Injury and Accident Investigation (s.18 Act) Controlled Products (s.30 Act) Extended Application (s.2 Code) First Aid (s.178(2), Part 11, Code)

Occupational Health and Safety Question #9 What are the potential liabilities of prime?

Liabilities Orders Administrative Penalties Prosecutions

Occupational Health and Safety Question #10 What are the benefits of prime?

Benefits Authority to act Control over the protection of resources Statutory recourse

Questions? Chuck Samphire