Construction Holiday Is Coming – Are Your Job Sites Secure?
The construction industry’s mandatory summer shutdown is fast approaching, but this obligatory closure does not suspend your legal obligations. While this period means rest for your workers, it represents a critical moment for project owners and contractors alike. The law considers you the guardian of your job sites at all times, even when the site is deserted. A single accident, theft, or major damage incident can still occur; any of these can trigger your company’s civil and criminal liability, in addition to triggering severe CNESST penalties. A methodical shutdown is therefore essential to protect your projects against costly lawsuits.
From a legal standpoint, the consequences of a failure to comply can be severe for your company and its directors. Under the Act respecting occupational health and safety (AOHS), the CNESST can impose steep minimum penal fines that quickly climb into the tens of thousands of dollars in cases of negligence or repeat offences. If a member of the public or an emergency worker is injured because a site was poorly barricaded, your civil liability will be directly engaged, opening the door to damages claims whose costs can far exceed the value of your contracts. In addition, the CNESST has the power to order a complete stoppage of your work when operations resume after the shutdown, which will only worsen your delivery delays.
To fully block access to the site — since the absence of workers increases the risk of intrusion and theft — you must close off every possible entry point. Be sure to lock all fencing and barricade the doors and windows of buildings under construction. Store away or secure ladders, scaffolding, and platforms to prevent anyone from climbing to height. Finally, install clearly visible signage prohibiting public access and providing an emergency contact number.
To prevent weather-related accidents and damage, keep in mind that violent summer storms can cause significant harm if the site is not properly prepared. Install sturdy barriers around holes and trenches to prevent falls and limit the risks associated with water accumulation. Tie down or store away lightweight materials that could be blown away in strong winds. In addition, shut off the main water valves and cut non-essential electricity to prevent fires or water leaks.
When it comes to storing tools and machinery, the value of the equipment left on site calls for enhanced security. Lock costly equipment inside secure containers or bring it back to your warehouse. Park machinery so as to block key access points, and always remove the keys from the ignition.
If a problem arises, your best legal defence is to prove that you acted responsibly. Before leaving the site, take photos of your secured job site from every angle and complete a signed checklist.