Michael Lewis
Special to Ontario Construction News
A webinar hosted by the Residential Construction Council of Ontario (RESCON) offered tips on how construction employers can prepare for legislation taking effect Jan. 1 mandating that at least one automated external defibrillator (AED) be installed on larger Ontario construction sites.
A first step is for employers to take an inventory of ongoing projects toward the end of the year to determine if they meet the requirements of Bill 30. The bill stipulates that portable electronic devices must be on construction sites expected to be in operation for at least three months and where 20 or more people are regularly employed.
Angela Powell, legal counsel at Toronto-based employment and labour law firm Sherrard Kuzz LLP, sponsor of the Nov. 4 online seminar, said an AED licensed as a medical device by Health Canada must be accessible, properly maintained and frequently inspected. At least one worker trained in CPR and AED use must be on site at all times.
She added that workers who use an AED to assist an individual are protected under Ontario’s Good Samaritan Act, except in cases of gross negligence involving extreme or flagrant conduct such as a deliberate act intended to cause harm.
Chuck Resnick, president of registered charity The Mikey Network, which has placed thousands of AEDs in high-need locations, said the group’s website offers details on how constructors can order the devices using an automated online form.
He said AEDs should be located in construction trailers or pre-construction sales offices with bold signage on the front of the building, as they are weather- and temperature-sensitive and should not be kept outside.
Resnick added that AEDs should be in high-traffic areas “where it can be affixed to the wall in plain sight, where you have to effectively trip over it to find it.” He described the devices as “idiot-proof,” noting they provide voice prompts with each step, but suggested that all staff become familiar with their operation.
Powell said construction employers should develop written policies on AED storage, inspection and use, and keep records of maintenance, inspections, training and timesheets showing that an AED-competent worker was on site. Any safety violations should be documented and addressed, accidents investigated and reported, and subcontractors informed of AED policies and procedures.
Bill 30, which will make Ontario the first jurisdiction in North America to mandate defibrillators on construction sites, was introduced in May and has passed second reading in the Ontario legislature.
In addition to the AED requirement, Bill 30 establishes a reimbursement program through the Workplace Safety and Insurance Board (WSIB) insurance fund to cover up to $2,300 — the average cost of a device.
Also known as “Mikeys” because “defibrillator” can be difficult to say and spell, the devices were named for Mike Salem, a partner in Herity/Heathwood Homes who died on a golf course in 2002 due to a heart condition. AEDs use an automated electrical shock to restore normal heart rhythm in someone experiencing cardiac arrest.
Carrie Briley, director of health and safety program design at the WSIB, discussed the board’s AED reimbursement program during the webinar, noting that details such as whether retroactive purchases will be covered or how much will be eligible for reimbursement will be finalized by the Jan. 1 implementation date.
She said reimbursement can be made as a rebate on a constructor’s WSIB account or by cheque if requested. Constructors, defined under the Occupational Health and Safety Act as the party with overall responsibility for health and safety on worksites, will be reimbursed for one AED per site.
The non-appealable reimbursement will not cover maintenance or training costs. She said the reimbursement program will likely last 18 months, though the exact timing is still being determined.
Mikey Network co-chair Eva Naumovski said the AED mandate comes after years of work by the network, construction employers and unions, the government and trade organizations. She said the legislation helps in “removing the fear of helping someone with such a simple device.”
The Mikey Network was established in 2003 and has lobbied for more than 20 years for mandated devices on construction sites, considered high-risk locations due to the physical demands of the work. Ontario Ministry of Labour data show that more than 15 per cent of inspection reports associated with “cardiac” or “heart attack” incidents were in the construction sector.
Data also demonstrate that timing is critical in cases of cardiac arrest, when the heart suddenly stops beating. An electric charge from an AED delivered within three to five minutes can increase survival odds by more than half, while chances of survival decrease by 10 per cent for every minute that CPR and AED use are delayed.
Lesley James, director of health policy and systems at the Heart and Stroke Foundation, said about 60,000 cardiac arrests occur outside hospitals each year in Canada, and only one in 10 victims survives. “When used quickly, AEDs can double those chances of survival,” she said.