Safety First for Landlords Hiring Workers to Maintain Rentals

Are you a landlord with a rental property that needs to be maintained? Perhaps you just need someone to cut the grass or trim the hedges. Maybe you are looking for help to replace a floor or paint a room. Either way, understanding which laws and regulations apply to you can save you thousands.

 

In Ontario, agreeing to let the high school student up the road look after chores around your building may sound simple enough. But the minute you hire a worker, you become an employer. It might mean that you must remit taxes & payroll deductions, set up a Workers Safety and Insurance Board (WSIB) account and deal with the Health and Safety requirements of the Occupational Health and Safety Act (OHSA) as enforced by the Ministry of Labour (MOL). This may all seem like overkill in a situation where you just need the get the grass cut but if an accident occurs, you may find yourself dealing with allot more than complicated paperwork.

A landlord that hires contractors to perform tasks at their rental units is not exempt from responsibility. They are obligated to check the credentials of the company in order to determine that they are properly insured and that their employees are covered by WSIB. The property owner can and in some cases is required to request a WSIB Clearance Certificate from the contractor prior to having the work done. The regulations concerning having work done at a rental property may vary depending on the nature of the work or the specific situation and it is often difficult to determine what procedures a landlord is required to follow.

 

The Ministry of Labour enforces laws that make it possible for the supervisor of a worker to be charged under the OHSA in the event that the worker is hurt or involved in an accident For example, if you hire a student to clean the outside windows on your rental building and they accidentally slip off a ladder, you may find yourself being investigated by the MOL for not providing the worker with the proper safety equipment, training or supervision. Charges can carry significant fines and even jail time to those convicted of not following OHSA regulations.

 

A property owner may assume that they are insured for accidents that occur on their land. What they may not be aware of is that insurance policies do not cover the legal cost to defend against charges under the Ontario Health and Safety Act. Landlords should make the effort to find our which employment policies apply to them by visiting the Ministry of Labour website and contacting the Workers Safety and Insurance Board. It is a good idea to contact the insurance agent or broker to find out what is covered under existing policies. Insurance reviews should be completed regularly so that coverage remains accurate and up to date.

 

One of the best ways for a Landlord to protect themselves against the liability of actions by workers is to hire professional contractors to complete work on their property. A reputable company will not only be adequately insured but they will also have procedures and policies in place that promote the health and safety of their employees. Training and supervision are key areas that companies must monitor and maintain. A well managed business is better equipped to promote a safe work environment than individuals that are not educated on the OHSA.

 

It may seem to be less expensive to hire the kid up the road. It is also a great way to give young adults a chance to work and earn some money. The practice has served many generations well over the years. Unfortunately, today’s laws put employers, supervisors and even property owners at such risk that it is often not worth taking a chance in case of an accident or injury to a worker. A simple task such as cutting the grass can turn into a trip to the hospital if the worker slips or mishandles the equipment.

 

If a property owner is involved in an incident with a chainsaw, the OHSA does not apply. But if the owner hires the neighbors son to do the job and an accident takes place, the MOL will investigate to see if the young man was properly trained, tested and licensed to use to tool and if he was properly equipped with safety equipment. The officers will inquire to determine if the worker was properly supervised etc. Investigators may lay charges against the employer if they find any non-compliance with the policies outlined in the OHSA. It is then up to the individual charged to hire a lawyer who will be able to defend them in court. The process at that point can be a long and expensive one unless the individual agrees to plead guilty to one or more of the charges against them. Even then, fine amounts, surcharges and legal costs can still total to significant amounts.

 

The purpose of such policies and laws is to protect workers. The intent is positive and the goal to eliminate workplace injury is commendable. The tragic stories of serious injury and death are the primary reason these laws exist. For those employers that can develop health and safety programs, hire experts to train staff and invest in modern safety equipment, the process of complying with OHSA regulation is somewhat manageable. This however can prove to be a real challenge for smaller companies and individuals that lack the extensive resources to fund & monitor such programs. The information provided by the Ministry of Labour on their website can be for some, quite overwhelming and confusing. It is no surprise that many smaller employers are generally unaware of which policies affect them in their particular situation.

 

Ultimately, when a Landlord requires work to be completed at their rental property, consideration should be made about who to hire and how to execute the tasks. The safety of workers and private individuals is of the utmost importance. Precautions should always be taken to ensure that accidents do not occur. Information about the proper use of tools and materials should be reviewed often by anyone involved in the completion of a job or repair. As a landlord that is in the position to keep costs under control can ensure a budget is met by either closely supervising the worker or hiring a professional that has an excellent safety record over a significant time frame. By putting Safety First, Landlords can protect themselves from unnecessary trouble and expense.