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  • Conner Lantz
    Keymaster
    Post count: 4836

    Can you please give me a definition for a construction employee? If someone works for a construction company, handling invoices, POs, Accounts Receivables and payables, are they
    a true construction employee/worker?

    Conner Lantz
    Keymaster
    Post count: 4836

    If the gist of what you’re asking is whether CPAs and other white collar and office workers of construction companies are protected by the OHS Act, the answer is theoretically yes but practically not really. Here’s why.
    First of all, the OHS Act/Regs. use the term “worker,” not “employee.” “Worker” means any “person who supplies services for monetary compensation”. This definition is broad enough to include individuals who work at the site that are employed by other companies, e.g., contractors, subcontractors, etc.
    The term “construction” is also very broad, covering not just what you normally think of as construction sites but construction WORK (erection, alteration, repair, dismantling, demolition, structural maintenance, painting, land clearing, earth moving, grading, excavating, trenching, digging, boring, drilling, blasting, or concreting, the installation of any machinery or plant, and any work or undertaking in connection with a project”) REGARDLESS OF THE TYPE OF SITE where it’s done. Thus, for example, building a storage shed is subject to construction regulations even if it’s carried out at a factory, warehouse, hospital, etc.
    But while CPAs are protected in theory, the law has little to no relevance to them as a practical matter. RULE: You need only train and protect workers, whether construction, mining, oil and gas, etc., in the hazards of their jobs. And because CPAs aren’t exposed to the hazards or engaged in the operations the OHS laws cover, they’re not within the scope of the OHS laws. Thus, for example, CPAs don’t need confined spaces training because they typically don’t enter confined spaces; they don’t need vertical fall protection because they don’t work at heights 3 metres or more above the ground, etc.
    Hope that helps and I’ve misread your Q, please let me know and I’ll give it another shot. Glenn

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