Subcontractors on multi-employer worksites face strict legal duties to manage unexpected, elevated hazards
An Alberta-based landscaping company received a financial penalty following the death of a worker on a commercial construction site.
In an Edmonton courtroom, Arbutus Landscaping Inc. pleaded guilty to failing to establish a system or process to ensure compliance with Occupational Health and Safety laws.
The court issued a $318,000 fine to the company. This total includes the province's mandatory victim surcharge.
The incident occurred on December 11, 2023, when an Arbutus worker fell through a roof at an active Edmonton construction site.
All other charges against Arbutus were withdrawn following the guilty plea.
The legal proceedings related to the site are ongoing. Albatross Roofing Ltd., another contractor on the project, faces OHS charges related to the same incident.
That company is scheduled to be sentenced in September 2026.
This incident underscores the overlapping liabilities present on multi-employer worksites. The legal duty of care applies to all contractors present on a job site, regardless of their primary trade.
The multi-employer worksite challenge
The charge against Arbutus Landscaping centers on the failure to establish a systemic OHS process.
Employers cannot assume a prime contractor will manage all site safety protocols. They also cannot rely on a specialized trade, such as a roofing company, to oversee the safety of a landscaping crew.
Subcontractors are legally required to implement their own safety management systems.
These systems must address the specific hazards their workers encounter on that exact site. Landscapers typically operate at ground level.
Their risk profile changes when they are assigned tasks involving heights. Activities such as green roof installations or navigating temporary access points introduce fall hazards.
Workers can enter unprotected zones if a daily hazard assessment process is not implemented.
Training requirements for elevated work
Employers are obligated to provide training for all workers exposed to fall hazards.
Training programs must cover the recognition of fall hazards and the procedures to minimize these risks. Workers require instruction on the proper use, maintenance, and inspection of personal fall arrest systems.
The training must be delivered by a competent person and documented in the employer's health and safety records.
Refresher training is necessary when changes in the workplace render previous training obsolete. Safety officers must verify that subcontractors maintain current training records for their employees.
The absence of documented training indicates a failure in the employer's safety management system.
Inspections by regulatory authorities frequently focus on the adequacy of fall protection training programs. Penalties for non-compliance can be substantial, reflecting the risk associated with work at heights.
Implementing a standardized verification process ensures that all personnel meet the required training standards.
Rethinking height hazards across all trades
Safety officers are responsible for ensuring communication between prime contractors and auxiliary trades.
Joint hazard assessments and site-specific orientations are standard requirements for compliance.
Fall protection remains a frequently cited violation across Canada and a leading cause of workplace fatalities in the construction sector.
The industry is adjusting its approach to working at heights. This is reflected in the recent adoption of new fall protection standards by the Canadian Construction Safety Council, which advocates for harnesses and guardrails at lower trigger heights.
This incident also points to the vulnerabilities of outdoor crews operating in variable environments.
Similar to the landscaping incident in St. Albert that led to a double amputation, outdoor crews encounter hazards beyond ground maintenance.
The fine issued to Arbutus Landscaping serves as a compliance indicator for safety leaders. Systemic, documented safety protocols are legally required for all trades operating on active construction sites.
