Canadian Edition [Insert cover image] Copyright © 2007 Pearson Education Canada22-1 Practical Law of Architecture, Engineering, and Geoscience Chapter 22 Health and Safety Law

Copyright © 2007 Pearson Education Canada 22-2 Overview: WCB  Workers Compensation Board dba Worksafe BC.  legislation is designed to protect workers from injury and to compensate those that are injured  In exchange for compensation under Occupational Health & Safety legislation, workers give up their right to sue their employers for personal injury (Continued)

Copyright © 2007 Pearson Education Canada 22-3 Overview (Continued)  legislation is based on three fundamental rights of workers: the right to be informed of hazards; the right to participate in accident prevention; and the right to refuse to do dangerous work  regulations are enforced by site visits by government enforcement officials

Copyright © 2007 Pearson Education Canada 22-4 Torts and Workers' Compensation Board (WCB) Legislation  WCB legislation provides workers with no- fault compensation for workplace injuries  Employers may still be sued by injured persons who are not employees

Copyright © 2007 Pearson Education Canada 22-5 Occupational Health and Safety  legislation improves working conditions through mandatory safety requirements, enforceable by fines imposed on employers and their officers and directors  When accidents do occur, employers are required to follow strict documentary procedures

Copyright © 2007 Pearson Education Canada 22-6 Contracts  Contracts may deal with specific safety issues and designate particular parties responsible for particular safety obligations  Under construction contracts, contractors often indemnify the owner against claims for personal injury on site  On a given worksite, a single party must be responsible for safety at any time, but the designated party may change as the project progresses  If there is any doubt as to who is the responsible party, responsibility reverts back to the owner

Copyright © 2007 Pearson Education Canada 22-7 Ethical Considerations  Architects, engineers and geoscientists are often required to monitor safety concerns  Pressure can come from clients and contractors to take a relaxed approach.  Safety costs time and money,  Professionals must firmly adhere to the safety standards set by regulation and remember that their primary ethical obligation is to protect public safety