b'LEGAL CORNERCORONERS INQUEST RECOMMENDS NEW RESTRICTIONS BY NORM KEITH AND EREN ERINC FOR CELLPHONES AT CONSTRUCTION PROJECTSA recent coroners inquest hasRather, it is an opportunity for thearea away from any area in which addressed the important issuepresiding coroner and a jury of six citizensconstruction work is occurring or of the hazard of cellphone use atto receive evidence and then makeongoing;construction projects in Ontario. determinations and recommendations with a view to preventing a similar fatality inb.Constructors, employers and We have been involved in numerousthefuture. supervisors shall ensure that workers workplace investigations and prosecutionsare not endangered by cellphone use on where a workplace injury or fatality wasCurrently and surprisingly, there are noconstruction projects;linked to the inappropriate or dangerousprohibitions, restrictions or even guidance use of cellphones. from the Ministry on the use of cellphonesc. Employers shall create and implementat construction projects. a policy on the appropriate use of This latest case where a coroners jury madecellphones and mobile devices at some very direct recommendations isWhen the OHSA and the Constructionconstruction projects that includes calling for changes in the law. Regulations, S.O. 213/91, weremethods for complying with a) and b) The Coroners Act of Ontario requirescomprehensively updated many years ago,above; andthere to be a mandatory inquest for allcellphones were in stages of development and use. Now, cellphones are ubiquitousd. Employers shall ensure that workers are construction industry fatalities.and no one leaves home without them. trained on the cellphone policy.The facts, in brief, involved a roadbuildingThe coroners jury recommendations, datedThe coroner jurys recommendations are project in southern Ontario. As mobileJuly 27, 2022, made four recommendationsnot legally binding on the Ministry.equipment was reversing at a worksite, ato the Ministry to amend the construction supervisor who was using his cellphone wasregulations relating to the issue ofThey do not have the force of law or the struck by the reversing equipment and wascellphones at construction projects. authority to compel legal change.fatally injured.The recommendations were as follows: However, it may be argued that the duty The employer, the union of the worker,may already exist for employers under the region that owned the project and thea. Construction projects should be plannedsection 25(2)(h), the general duty clause Ministry of Labour, Immigration, Trainingand organized so that no cellular phonesthat states, An employer shalltake every and Skills Development sought a receivedor similar cellular devices shall beprecaution reasonably in the circumstances standing to participate in the inquest. Theused on the worksite, except in case offor the protection of a worker.inquest is not a fault-finding proceeding,emergency or where use is restricted to like a prosecution under the Occupationaloccur inside of a designated structure,However, the jury determined that Health and Safety Act (OHSA). stationary vehicle or other designatedspecific regulatory requirements for the 14THE OFFICIAL PUBLICATION OF THE SCAFFOLD INDUSTRY ASSOCIATION OF CANADA'