Common use of Construction Safety Clause in Contracts

Construction Safety. 3.6.1 The Contractor shall perform all of the obligations of the ‘constructor’, within the meaning of the OHSA, and shall be solely responsible for construction safety at the Place of the Work and for compliance with the rules, regulations and practices required by the OHSA. The Owner will contractually require other contractors retained by the Owner or the Owner’s own forces to comply with the Contractor’s safety program and safety instructions, and the Contractor, as constructor, will have the right to remove the other contractors retained by the Owner and the Owner’s own forces from the Place of the Work should they not comply with the Contractor’s safety programs and safety instructions. Further in the circumstances described in the preceding sentence, the Contractor shall assume the Owner’s obligations as constructor. Without limiting the Contractor’s obligation pursuant to this paragraph, the Contractor shall ensure that all Subcontractors', Suppliers' and Sub - Subcontractor’s Work is in accordance with the OHSA. The Owner shall have the right to assign to the Contractor the work of the other contractors retained by the Owner or the work of the Owner’s own forces for the purpose of coordination of such work and safety training and safety compliance for all persons engaged in such work and, if such coordination results in a material increase in the Contractor's cost or a delay in the Construction Schedule, in accordance with the provisions of PART 6 – CHANGES IN THE SCOPE OF THE WORK. 3.6.2 Prior to commencement of the Work, the Contractor shall submit to the Owner: .1 Documentation of a valid Workplace Safety and Insurance Board clearance certificate and confirmation of the Contractor’s WSIB CAD - 7 performance rating. .2 Documentation of the Contractor’s insurance coverage. .3 Documentation of the Contractor’s in - house safety - related programs. .4 A copy of the Notice of Project filed with the Ministry of Labour. 3.6.3 The Contractor hereby represents and warrants to the Owner that appropriate health and safety instruction and training have been provided to the Contractor’s employees, Subcontractors, Sub - Subcontractors and Suppliers (to the extent same shall have access to the Project site) before such employee's, Subcontractor's or Supplier's Work is commenced and agrees to provide to the Owner, if requested, proof of such instruction and training. 3.6.4 The Contractor shall tour the appropriate area to familiarize itself with the Place of the Work prior to commencement of the Work. 3.6.5 The Contractor shall perform the Work in accordance with its corporate safety - related programs and applicable legislation, regulations and guidelines (to the extent such guidelines have the force of law). The Contractor shall have a competent supervisor on site as required under OHSA at all times. 3.6.6 The Contractor shall indemnify and save harmless the Owner, the Consultant and the Owner's Project Manager, together with their agents, officers, directors, employees, consultants, successors and assigns, from and against any and all safety infractions under the OHSA, and regulations thereto or any failure by the Contractor to fulfill its obligations under GC 3.6 – CONSTRUCTION SAFETY at the Place of the Work or otherwise in respect of any Person for whom Contractor is responsible under the OHSA in connection with the Project, including the payment of all legal fees on a solicitor and client basis and this indemnity shall be deemed to be included in the terms of the indemnity set out in GC 12.1.1 save and except for any wilful misconduct or negligence of the Owner, Owner’s Project Manager or the Consultant or any of their respective agents, officers, directors, employees or consultants.

Construction Safety. 3.6.1 The Contractor shall perform all of the obligations of the ‘constructor’, within the meaning of the OHSA, and shall be solely responsible for construction safety at the Place of the Work and for compliance with the rules, regulations and practices required by the OHSA. The Owner will contractually require other contractors retained by the Owner or the Owner’s own forces to comply with the Contractor’s safety program and safety instructions, and the Contractor, as constructor, will have the right to remove the other contractors retained by the Owner and the Owner’s own forces from the Place of the Work should they not comply with the Contractor’s safety programs and safety instructions. Further in the circumstances described in the preceding sentence, the Contractor shall assume the Owner’s obligations as constructor. Without limiting the Contractor’s obligation pursuant to this paragraph, the Contractor shall ensure that all Subcontractors'’, Suppliers' ’ and Sub - Subcontractor’s Sub-Subcontractors’ Work is in accordance with the OHSA. The Owner shall have the right to assign to the Contractor the work of the other contractors retained by the Owner or the work of the Owner’s own forces forces, unless explicitly prohibited by collective bargaining agreements to which the Contractor is a party, for the purpose of coordination of such work and safety training and safety compliance for all persons engaged in such work. Even if the Contractor’s obligation under a collective bargaining agreement to which it is a party explicitly prohibits an Owner’s assignment of the work andof the other contractors retained by the Owner or the work of the Owner’s own forces pursuant to this GC Section 3.6.1, if the Contractor shall be responsible for coordination of such coordination work and safety training and safety compliance for all persons engaged in such work. If such coordination, safety training and safety compliance results in a material increase in the Contractor's ’s cost or a delay in the Construction Schedule, the Contractor shall be compensated for such coordination, safety training and safety compliance in accordance with the provisions of PART 6 – CHANGES IN THE SCOPE OF THE WORK. 3.6.2 Prior to commencement of the Work, the Contractor shall submit to the Owner: .1 Documentation of a valid Workplace Safety and Insurance Board clearance certificate and confirmation of the Contractor’s WSIB CAD - 7 CAD-7 performance rating. ; .2 Documentation of the Contractor’s insurance coverage. ; .3 Documentation of the Contractor’s in - in-house safety - safety-related programs. .4 A copy of the Notice of Project filed with the Ministry of Labour. 3.6.3 The Contractor hereby represents and warrants to the Owner that appropriate health and safety instruction and training have been provided to the Contractor’s employees, Subcontractors, Sub - Subcontractors and Suppliers (to the extent same shall have access to the Project site) before such employee's, Subcontractor's or Supplier's Work is commenced and agrees to provide to the Owner, if requested, proof of such instruction and training. 3.6.4 The Contractor shall tour the appropriate area to familiarize itself with the Place of the Work prior to commencement of the Work. 3.6.5 The Contractor shall perform the Work in accordance with its corporate safety - related programs and applicable legislation, regulations and guidelines (to the extent such guidelines have the force of law). The Contractor shall have a competent supervisor on site as required under OHSA at all times. 3.6.6 The Contractor shall indemnify and save harmless the Owner, the Consultant and the Owner's Project Manager, together with their agents, officers, directors, employees, consultants, successors and assigns, from and against any and all safety infractions under the OHSA, and regulations thereto or any failure by the Contractor to fulfill its obligations under GC 3.6 – CONSTRUCTION SAFETY at the Place of the Work or otherwise in respect of any Person for whom Contractor is responsible under the OHSA in connection with the Project, including the payment of all legal fees on a solicitor and client basis and this indemnity shall be deemed to be included in the terms of the indemnity set out in GC 12.1.1 save and except for any wilful misconduct or negligence of the Owner, Owner’s Project Manager or the Consultant or any of their respective agents, officers, directors, employees or consultants.; and

Construction Safety. 3.6.1 The Contractor shall perform all of the obligations of the ‘constructor’, within the meaning of the OHSA, and shall be solely responsible for construction safety at the Place of the Work and for compliance with the rules, regulations and practices required by the OHSA. The Owner will contractually require other contractors retained by the Owner or and the Owner’s own forces to comply with the Contractor’s safety program and safety instructions, and the Contractor, as constructor, will have the right to remove the other contractors retained by the Owner and the Owner’s own forces from the Place of the Work should they not comply with the Contractor’s safety programs and safety instructions. Further in the circumstances described in the preceding sentence, the Contractor shall assume the Owner’s obligations as constructor. Without limiting the Contractor’s obligation pursuant to this paragraph, the Contractor shall ensure that all Subcontractors'’, Suppliers' ’ and Sub - Subcontractor’s Sub-Subcontractors’ Work is in accordance with the OHSA. The Owner shall have the right to assign to the Contractor the work of the other contractors retained by the Owner or the work of the Owner’s own forces solely for the purpose of coordination of such work and safety training and safety compliance for all persons engaged in such work and, if such coordination coordination, safety training and safety compliance results in a material increase in the Contractor's cost or a delay in ’s cost, the Construction ScheduleContractor shall be compensated for such coordination, safety training and safety compliance in accordance with the provisions of PART 6 – CHANGES IN THE SCOPE OF THE WORK. 3.6.2 Prior to commencement of the Work, the Contractor shall submit to the Owner: .1 Documentation of a valid Workplace Safety and Insurance Board clearance certificate and confirmation of the Contractor’s WSIB CAD - 7 CAD-7 performance rating. .2 Documentation of the Contractor’s insurance coverage. .3 Documentation of the Contractor’s in - in-house safety - safety-related programs. .4 A copy of the Notice of Project filed with the Ministry of Labour. 3.6.3 The Contractor hereby represents and warrants to the Owner that appropriate health and safety instruction and training have been provided to the Contractor’s employees, Subcontractors, Sub - Sub-Subcontractors and Suppliers (to the extent same shall have access to the Project site) before such employee's, Subcontractor's or Supplier's the Work is commenced including training regarding the infection control procedures set out in the materials referred to in GC 3.12.5 and agrees to provide to the Owner, if requested, proof of such instruction and training. 3.6.4 The Contractor shall tour the appropriate area to familiarize itself with the Place of the Work prior to commencement of the Work. 3.6.5 The Contractor shall perform the Work in accordance with its corporate safety - safety-related programs programs, the requirements of GC 3.12.5 and applicable legislation, regulations and guidelines (to the extent such guidelines have the force of law). The Contractor shall have a competent supervisor on site as required under OHSA at all times. 3.6.6 The Contractor shall indemnify and save harmless the Owner, the Consultant and the Owner's Project Manager, together with their agents, officers, directors, employees, consultants, successors and assigns, Owner Indemnified Persons from and against any and all claims arising out of any safety infractions committed by the Contractor, a Subcontractor, a Sub-Subcontractor or a Supplier under the OHSA, OHSA and regulations thereto or resulting from any failure by the Contractor to fulfill its obligations under this GC 3.6 – CONSTRUCTION SAFETY including, without limitation, the failure to exercise any of the rights or powers given to the Contractor under GC 3.6.1. at the Place of the Work or otherwise in respect of any Person for whom Contractor is responsible under the OHSA in connection with the Project, (including the payment of all legal fees on a solicitor full indemnity basis), save and client basis except for claims arising out of any wilful misconduct or negligence of any of the Owner Indemnified Persons or breach of the terms of the Contract by the Owner, or failure of any of the Owner’s other contractors or the Owner’s own forces to comply with any instructions or directions given by the Contractor, and this indemnity shall be deemed to be included in the terms of the indemnity set out in GC 12.1.1 save and except for any wilful misconduct or negligence of the Owner, Owner’s Project Manager or the Consultant or any of their respective agents, officers, directors, employees or consultants12.1.

Construction Safety. 3.6.1 The Contractor shall perform all of the obligations of the ‘constructor’, within the meaning of the OHSA, and shall be solely responsible for construction safety at the Place of the Work and for compliance with the rules, regulations and practices required by the OHSA. The Owner will contractually require other contractors retained by the Owner or the Owner’s own forces to comply with the Contractor’s safety program and safety instructions, and the Contractor, as constructor, will have the right to remove the other contractors retained by the Owner and the Owner’s own forces from the Place of the Work should they not comply with the Contractor’s safety programs and safety instructions. Further in the circumstances described in the preceding sentence, the Contractor shall assume the Owner’s obligations as constructor. Without limiting the Contractor’s obligation pursuant to this paragraph, the Contractor shall ensure that all Subcontractors'’, Suppliers' ’ and Sub - Subcontractor’s Sub-Subcontractors’ Work is in accordance with the OHSA. The Owner shall have the right to assign to the Contractor the work of the other contractors retained by the Owner or the work of the Owner’s own forces solely for the purpose of coordination of such work and safety training and safety compliance for all persons engaged in such work and, if such coordination coordination, safety training and safety compliance results in a material increase in the Contractor's cost or a delay in ’s cost, the Construction ScheduleContractor shall be compensated for such coordination, safety training and safety compliance in accordance with the provisions of PART 6 – CHANGES IN THE SCOPE OF THE WORK. 3.6.2 Prior to commencement of the Work, the Contractor shall submit to the Owner: .1 Documentation of a valid Workplace Safety and Insurance Board clearance certificate and confirmation of the Contractor’s WSIB CAD - 7 CAD-7 performance rating. .2 Documentation of the Contractor’s insurance coverage. .3 Documentation of the Contractor’s in - in-house safety - safety-related programs. .4 A copy of the Notice of Project filed with the Ministry of Labour. 3.6.3 The Contractor hereby represents and warrants to the Owner that appropriate health and safety instruction and training have been provided to the Contractor’s employees, Subcontractors, Sub - Sub-Subcontractors and Suppliers (to the extent same shall have access to the Project site) before such employee's, Subcontractor's or Supplier's the Work is commenced including training regarding the infection control procedures set out in the materials referred to in GC 3.12.5 and agrees to provide to the Owner, if requested, proof of such instruction and training. 3.6.4 The Contractor shall tour the appropriate area to familiarize itself with the Place of the Work prior to commencement of the Work. 3.6.5 The Contractor shall perform the Work in accordance with its corporate safety - safety-related programs programs, the requirements of GC 3.12.5 and applicable legislation, regulations and guidelines (to the extent such guidelines have the force of law). The Contractor shall have a competent supervisor on site as required under OHSA at all times. 3.6.6 The Contractor shall indemnify and save harmless the Owner, the Consultant Consultant, the Hospital’s Project Manager and the Owner's Project ManagerOntario Infrastructure Projects Corporation, together with their agents, officers, directors, employees, consultants, successors and assignsassigns as well as her Majesty the Queen in right of Ontario, her ministers, agents and employees or any person for whom they are in law responsible, from and against any and all claims arising out of any safety infractions committed by the Contractor, a Subcontractor, a Sub- Subcontractor or a Supplier under the OHSA, OHSA and regulations thereto or resulting from any failure by the Contractor to fulfill its obligations under this GC 3.6 – CONSTRUCTION SAFETY including, without limitation, the failure to exercise any of the rights or powers given to the Contractor under GC 3.6.1 at the Place of the Work or otherwise in respect of any Person for whom Contractor is responsible under the OHSA in connection with the Project, (including the payment of all legal fees on a solicitor and client basis and this full indemnity shall be deemed to be included in the terms of the indemnity set out in GC 12.1.1 basis), save and except for claims arising out of any wilful misconduct or negligence of any of the said indemnified persons or breach of the terms of the Contract by the Owner, or failure of any of the Owner’s Project Manager other contractors or the Consultant Owner’s own forces to comply with any instructions or any of their respective agents, officers, directors, employees or consultants.directions given by the Contractor..

Construction Safety. 3.6.1 The Contractor shall perform all of the obligations of the ‘constructor’, within the meaning of the OHSA, and shall be solely responsible for construction safety at the Place of the Work and for compliance with the rules, regulations and practices required by the OHSA. The Owner will contractually require other contractors retained by the Owner or and the Owner’s own forces to comply with the Contractor’s safety program and safety instructions, and the Contractor, as constructor, will have the right to remove the other contractors retained by the Owner and the Owner’s own forces from the Place of the Work should they not comply with the Contractor’s safety programs and safety instructions. Further in the circumstances described in the preceding sentence, the Contractor shall assume the Owner’s obligations as constructor. Without limiting the Contractor’s obligation pursuant to this paragraph, the Contractor shall ensure that all Subcontractors'’, Suppliers' ’ and Sub - Subcontractor’s Sub-Subcontractors’ Work is in accordance with the OHSA. The Owner shall have the right to assign to the Contractor the work of the other contractors retained by the Owner or the work of the Owner’s own forces solely for the purpose of coordination of such work and safety training and safety compliance for all persons engaged in such work and, if such coordination coordination, safety training and safety compliance results in a material increase in the Contractor's cost or a delay in ’s cost, the Construction ScheduleContractor shall be compensated for such coordination, safety training and safety compliance in accordance with the provisions of PART 6 – CHANGES IN THE SCOPE OF THE WORK. 3.6.2 Prior to commencement of the Work, the Contractor shall submit to the Owner: .1 Documentation of a valid Workplace Safety and Insurance Board clearance certificate and confirmation of the Contractor’s WSIB CAD - 7 CAD-7 performance rating. .2 Documentation of the Contractor’s insurance coverage. .3 Documentation of the Contractor’s in - in-house safety - safety-related programs. .4 A copy of the Notice of Project filed with the Ministry of Labour. 3.6.3 The Contractor hereby represents and warrants to the Owner that appropriate health and safety instruction and training have been provided to the Contractor’s employees, Subcontractors, Sub - Sub-Subcontractors and Suppliers (to the extent same shall have access to the Project site) before such employee's, Subcontractor's or Supplier's the Work is commenced including training regarding the infection control procedures set out in the materials referred to in GC 3.12.5 and agrees to provide to the Owner, if requested, proof of such instruction and training. 3.6.4 The Contractor shall tour the appropriate area to familiarize itself with the Place of the Work prior to commencement of the Work. 3.6.5 The Contractor shall perform the Work in accordance with its corporate safety - safety-related programs programs, the requirements of GC 3.12.5 and applicable legislation, regulations and guidelines (to the extent such guidelines have the force of law). The Contractor shall have a competent supervisor on site as required under OHSA at all times. 3.6.6 The Contractor shall indemnify and save harmless the Owner, the Consultant and the Owner's Project Manager, together with their agents, officers, directors, employees, consultants, successors and assigns, Owner Indemnified Persons from and against any and all claims arising out of any safety infractions committed by the Contractor, a Subcontractor, a Sub-Subcontractor or a Supplier under the OHSA, OHSA and regulations thereto or resulting from any failure by the Contractor to fulfill its obligations under this GC 3.6 – CONSTRUCTION SAFETY including, without limitation, the failure to exercise any of the rights or powers given to the Contractor under GC 3.6.1 at the Place of the Work or otherwise in respect of any Person for whom Contractor is responsible under the OHSA in connection with the Project, (including the payment of all legal fees on a solicitor and client basis and this full indemnity shall be deemed to be included in the terms of the indemnity set out in GC 12.1.1 basis), save and except for claims arising out of any wilful misconduct or negligence of any of the Owner Indemnified Persons or breach of the terms of the Contract by the Owner, or failure of any of the Owner’s Project Manager other contractors or the Consultant or any of their respective agents, officers, directors, employees or consultants.Owner’s own forces to comply with

Construction Safety. 3.6.1 9.4.1 In line 1, delete "subject to paragraph 3.2.2.2 of GC3.2 – CONSTRUCTION BY OWNER OR OTHER CONTRACTORS," Add the following to GC 9.4: 9.4.2 The Contractor shall perform all be responsible for the safety of the obligations workers, Subcontractor and Suppliers, and of all other persons who enter the Place of the ‘constructor’Work, within and their plant and equipment, whether during working hours or not, and for that purpose shall install such hoardings and signs subject to owner specifications and incorporate such safety and security measures as may be necessary to ensure the meaning safety of such persons. 9.4.3 The Contractor acknowledges and agrees that the Contractor shall be the “prime contractor” for the workplace for the purposes of section 118 of the OHSAWorkers Compensation Act, as amended from time to time. Without limiting the foregoing, the Contractor shall, as the “prime contractor”, comply with, and ensure compliance by Subcontractor and Suppliers with, the Workers Compensation Act of British Columbia and its regulations including the Occupational Health & Safety Regulations, WHIMIS regulation and the transportation of hazardous substances or dangerous goods requirements and obligations and shall pay assessments or compensation required to be paid under applicable legislation. If Contractor or any Subcontractor fails to pay any due assessment or compensation, the Owner may make such payment on behalf of Contractor or any Subcontractor, but will not be obliged to do so. Contractor shall reimburse Owner the amount of such payment on demand. The Owner may set off any amounts paid against money otherwise owed to the Contractor. 9.4.4 The Contractor shall deliver the Notice of Project required by Section 20.2 of B.C. Regulation 296/97 to the Workers’ Compensation Board of British Columbia, in accordance with the requirements of Section 20.2 of B.C. Regulation 296/97. 9.4.5 The Contractor shall be solely the “prime contractor” with respect to any work performed by the Owner’s own forces or other firms retained by the Owner carried out in the area of the Place of the Work. Without limiting the generality of the foregoing, the Contractor is responsible for construction safety ensuring that the work undertaken by the Owner’s own forces or other contractors retained by the Owner are coordinated with the Work so as to avoid or minimize any hazardous situations. 9.4.6 The Contractor shall immediately inform the Owner if the Owner’s own forces or other contractor firms retained by the Owner attend at the Place of the Work and for compliance with the rules, regulations and practices required by the OHSA. The Owner will contractually require other contractors retained by the Owner or the Owner’s own forces to comply with the Contractor’s safety program and safety instructions, and the Contractor, as constructor, will have the right to remove the other contractors retained by the Owner and the Owner’s own forces from the Place of the Work should they not comply with the Contractor’s safety programs and safety instructions. Further in the circumstances described in the preceding sentence, the Contractor shall assume the Owner’s obligations as constructor. Without limiting the Contractor’s obligation pursuant to this paragraph, the Contractor shall ensure that all Subcontractors', Suppliers' and Sub - Subcontractor’s Work is in accordance with the OHSA. The Owner shall have the right to assign to the Contractor the work of the other contractors retained by the Owner or the work of the Owner’s own forces for the purpose of coordination of such work and safety training and safety compliance for all persons engaged in such work and, if such coordination results in a material increase in the Contractor's cost or a delay in the Construction Schedule, in accordance with the provisions of PART 6 – CHANGES IN THE SCOPE OF THE WORK. 3.6.2 Prior to commencement of the Work, the Contractor shall submit to the Owner: .1 Documentation of a valid Workplace Safety and Insurance Board clearance certificate and confirmation of the Contractor’s WSIB CAD - 7 performance rating. .2 Documentation of the Contractor’s insurance coverage. .3 Documentation of the Contractor’s in - house safety - related programs. .4 A copy of the Notice of Project filed with the Ministry of Labour. 3.6.3 The Contractor hereby represents and warrants to the Owner that appropriate health and safety instruction and training have been provided without prior notification to the Contractor’s employees, Subcontractors, Sub - Subcontractors and Suppliers (. 9.4.7 The Workers' Compensation Board of British Columbia operates under the name WorkSafeBC. References in the Contract to the extent same Workers’ Compensation Board, WCB, compensation board, WorkSafeBC, and other similar terms shall have access be understood to refer to the Project site) before such employee's, Subcontractor's or Supplier's Work is commenced Workers' Compensation Board of British Columbia and agrees to provide to the Owner, if requested, proof of such instruction WorkSafeBC and trainingits operating bodies. 3.6.4 The Contractor shall tour the appropriate area to familiarize itself with the Place of the Work prior to commencement of the Work. 3.6.5 The Contractor shall perform the Work in accordance with its corporate safety - related programs and applicable legislation, regulations and guidelines (to the extent such guidelines have the force of law). The Contractor shall have a competent supervisor on site as required under OHSA at all times. 3.6.6 The Contractor shall indemnify and save harmless the Owner, the Consultant and the Owner's Project Manager, together with their agents, officers, directors, employees, consultants, successors and assigns, from and against any and all safety infractions under the OHSA, and regulations thereto or any failure by the Contractor to fulfill its obligations under GC 3.6 – CONSTRUCTION SAFETY at the Place of the Work or otherwise in respect of any Person for whom Contractor is responsible under the OHSA in connection with the Project, including the payment of all legal fees on a solicitor and client basis and this indemnity shall be deemed to be included in the terms of the indemnity set out in GC 12.1.1 save and except for any wilful misconduct or negligence of the Owner, Owner’s Project Manager or the Consultant or any of their respective agents, officers, directors, employees or consultants.