Canada’s Occupational Health & Safety Act (OHSA) outlines the strict regulatory framework you are obliged to follow as a property manager, facility manager, specifier or contractor in Canada. However, this isn’t the only piece of legislation you should be aware of in your decision-making process. In a quick guide from Skyline Group, we explore the Westray Law and its critical implications on workplace safety standards.
What is the Westray Law?
The Westray Law, also known as Bill C-45, is a piece of landmark legislation introduced following the 1992 Westray Disaster. This law established a framework for criminal liability in cases of workplace negligence that result in serious injury or death.
This piece of legislation places the burden of responsibility on individuals and organizations (including commercial building owners and property managers) to ensure that the highest standards of safety are upheld. The law finds particular application across industries where working on elevated workspaces, including rooftops, is common.
The Westray Law: What Does it Mean for Me?
The Westray Law amended the Canadian Criminal Code in 2004, and made it possible to hold corporations, their representatives and individuals within organizations criminally liable for neglecting safety practices. For many of the professionals we deal with at Skyline Group, the ramifications of this law are highly significant.
The law imposes a legal obligation to take every reasonable precaution to prevent harm. As an individual, your failure to comply with the Westray Law can lead to severe penalties, ranging from criminal charges and hefty charges to custodial sentences.
As discussed, this legislation applies to all industries, but is especially significant in sectors that carry risks associated with elevated heights, including facility management, construction and roofing. Following strict safety protocols in these environments is essential, and failure to do so can result in serious harm to workers and serious legal ramifications to you as an individual.
Understanding Key Aspects of the Westray Law
As a building manager or commercial property owner, the Westray Law carries a number of crucial legal responsibilities. Below, we’ve broken these down into three areas. Let’s take a closer look:
- Duty of care: Employers must take all reasonable steps to ensure the safety of their employees. This extends to providing safe access to the workplace, maintaining equipment in good condition, and ensuring that all safety regulations are followed. For building managers, this may involve ensuring the structural integrity of rooftops, properly installed safety equipment, and compliance with provincial regulations on working at heights.
- Criminal accountability: If safety standards are not met, and a worker is injured or killed, building owners or managers could be charged with criminal negligence. Under the Westray Law, companies and their decision-makers can face criminal liability if they fail to ensure safe working conditions, even if they were unaware of the immediate risks.
- Beyond compliance: The law emphasizes that simply meeting regulatory safety standards is not enough. Organizations must actively ensure that all potential hazards are identified, mitigated, and prevented. This means going beyond basic compliance measures and creating a proactive safety culture, which includes regular inspections, audits, and ongoing safety training.
How to Stay on the Right Side of the Law
The Westray Law introduces significant accountability, and means you need to be aware of – and act upon – potential safety risks across every stage of your building’s life cycle, from routine inspections to providing access to elevated workspaces. It’s essential to remember that liability doesn’t stop at the employees directly under your employment. This legislation extends to anyone working on your property, including contractors and subcontractors.
Below, Skyline Group has listed some basic measures you can take to stay safe and compliant:
- Perform regular safety audits: Conduct frequent inspections of your building’s safety measures. This includes checking the condition of ladders, guardrails, and other fall protection systems on rooftops. Address any issues immediately to ensure compliance with provincial safety standards.
- Hire qualified contractors: Ensure that any contractors or subcontractors working on your building are qualified, trained, and follow appropriate safety protocols. You should ask for documentation proving that they meet all legal safety requirements before allowing them to work on your rooftop.
- Keep comprehensive records: Document all safety training sessions, maintenance schedules, and safety inspections. In the event of an accident, having detailed records will demonstrate your commitment to safety and help protect you from potential liability.
- Provide regular training: Safety training should be ongoing, especially for workers involved in high-risk activities such as rooftop maintenance. Proper training on the use of fall protection systems, safety harnesses, and personal protective equipment (PPE) can prevent accidents.
- Invest in proactive safety solutions: Rather than simply meeting the minimum safety standards, invest in safety solutions that go beyond compliance. Install advanced guardrails, walkways, access ladders and other safety solutions to reduce the risk of accidents and provide peace of mind for both you and your workers.
Go Beyond Compliance with Skyline Group
Complying with the law is only the beginning of the steps you must take to protect workers from height. Here at Skyline Group, we provide the inventory, expertise and experience you need to go beyond compliance to ensure the highest levels of safety for users of your rooftop. To find out how we can help, browse our full range of products or contact us to book an onsite consultation.
