News of the court’s recent decision to sentence a construction supervisor to three and half years in jail for fatalities on a work site  is historic. I will not comment on this case other than to say that the accident that caused the deaths of four workers and left a fifth seriously injured on Christmas Eve 2009 was terrible and tragic. I am  however deeply disturbed by the comments  made by some construction labour leaders  following the sentencing that suggest construction employers consider their workers as some kind of expendable commodity and place profits ahead of workers lives .  Nothing could be further from the truth.  

I am a contractor. For more than 46 years I have seen very dramatic changes that have been initiated by our industry and by government, to improve safety for employees. New laws, new standards, new certifications, more training, more inspections, more enforcement, and more employer responsibilities, have completely changed the culture in the construction industry. Safety is not only a desired objective, it is the law.  The construction industry has responded by being proactive and  “bought in” many years ago, to the make the construction industry a safe place to work in Ontario. 

 The impression that huge corporations or small contractors do not care about their employees is just false. When an employer has to produce results and must meet deadlines and the pressure is on, they need skilled, experienced, productive and reliable workers. They have invested time and money to train their employees to be good at their work. The most profitable policy for any successful project is to have a stable and skilled workforce. If you “follow the money “ as the way to determine the employer’s or business owner’s  motivation  regarding safety, just consider the down side for the employer when an accident happens.  If there is a serious injury, or a fatality, on a workplace the following may happen.  

• By law the ministry of labour has to be informed immediately
• By law the police have to be informed
• By law the whole project must immediately come to a stop
• By law the workplace is inspected by the MOL for any violations of the law
• By law the whole project cannot be restarted until the MOL gives permission
• By law the employer has to prove that all required safety regulations and documentation are complete. This has to be supported by documentation and evidence of due diligence.
• By law the employer must provide a legal sworn statement of what happened.
• By law the employer is assumed to be guilty as charged, and must prove  his innocence.
• The employers WSIB rates will be increased  for an extended period of time
• The employer will have to complete an lengthy,  extensive and intrusive audit by the MOL
• The employer may not qualify to bid for  some projects.
• The employer will have increased liability insurance costs.
• The employer ‘s reputation will suffer and may have difficulty recruiting new workers
• The employer’s workers will suffer emotional trauma and productivity will drop significantly 

All the financial and legal costs are what most people use to measure the cost or deterrent factor when there is a serious accident or fatality.  But this is not the highest “price” the contractor pays.

Most projects, even large ones, are managed by general contractors who hire sub trades to perform the work and there may be several sub-sub trades working at one site. These smaller sub trades are small contractors employing five or ten people each who work together and have long relationships and experience. When they go to work the person sitting beside them in the truck is their friend, they know their families, they work together, rely on one another, share the challenges and joys of their trade. The last thing they want is for their fellow worker to die or be seriously injured. They know that every employee is the bread winner  for his family, has a future planned for his kids, or is looking forward to improving their lives.

In my small construction business, it is a straight forward fact that we are only as good as our sub trades. The profits for our work are directly related to these trades operating safely.  As the employer I cannot afford a job stoppage. A long delay for MOL investigations, hearings, legal bills, lost time, and a disruption in the cash flow are serious for a small business.  From a profit point of view, there is every incentive to operate safely, for the health and happiness of the workers and for future business growth.

 I never want to have to tell someone’s spouse, mother, or brother, that I was responsible for their loved ones death. I do not put profits ahead of a person’s life. I take it personally when someone does a television interview and paints my business, and my industry with the same brush.  Telling me that, as a construction employer, I would put the life of anyone in jeopardy for any reason, let alone for profits. I am proud of what I do. We are working hard with all the stakeholders to make our industry even better for our workers.

We have one of the best safety regimes in the world. The construction industry is made up of good people doing good work. We have education, compliance, inspections, enforcement, and a system that has strong incentives to encourage improvements. There is a motto often used in our industry. It is “ Safety is job one “  This  is the core of any successful construction firm.

We do not need people looking for an attention grabbing 30 second sound bites, interfering with the hard work, the good work, that the industry and government have done and is doing. We need to continue to strive for the ultimate goal…. No accidents, No fatalities. It is possible?  Yes. Let’s get to work. Let’s work together.!

Gary van Bolderen - January 2016

As published on the COCA website www.coca.ca – Message from the Chair January 2016