Ending inquests into construction deaths could speed up learning process

In a recent announcement, the Ontario government revealed it is revamping the way inquests are conducted for workers who tragically lose their lives on construction sites. The decision to eliminate mandatory coroner's inquests has sent ripples through the health and safety community.

Enzo Garritano, president and CEO of the Infrastructure Health and Safety Association (IHSA), welcomes the change, and says it will speed up the learning process following a workplace tragedy.

“From our perspective, this change is positive. It allows for an annual review and an earlier opportunity to examine prevention initiatives surrounding construction fatalities," says Garritano.

A new approach to construction site fatality inquests

In a bid to address the backlog of coroner's inquests, Solicitor General Michael Kerzner disclosed the province's plans to replace the traditional inquest process with an annual review of construction site deaths.

Garritano says there are about 20 to 30 construction site deaths in Ontario per year. Inquests are usually held several years after the death occurs. That’s because the Ministry of Labour must complete its investigation, potentially files charges, which are then meted out in the courts with fines issued or other punitive actions taken against the employers or companies involved. 

"This lengthy process may not identify overarching health and safety trends in construction that could contribute to such deaths," explains Garritano, who says during that multi-year period a similar tragedy or incident can occur a second or even a third time.  

The new approach proposes that construction-based deaths undergo a coroner-led mandatory review at least once a year, rather than waiting for years for a traditional inquest to take place. Families and the construction industry can still request an inquest, but the primary focus will be on these annual reviews.

Accelerating the learning process

The current inquest process often focuses on individual cases, leading to a delay in addressing systemic issues. Garritano believes that the annual review system will expedite the learning process. "This change," he says, "provides a much quicker way to get details and an understanding of how to prevent such incidents in the future."

Unlike traditional inquests that focus on one specific death, the annual review process will look at multiple fatalities within a year. This allows for the identification of commonalities and trends across different incidents, with the hope that these changes will ultimately lead to more effective prevention measures.

A collaborative effort for a safer industry

One key aspect of the new system is the involvement of stakeholders from the construction, utilities, and transportation sectors. "As stakeholders, we have had interactions with the coroner's office in the past. We provided input to help make inquests more efficient, suggesting subject matter experts and insights into cases. However, the timeline for inquests was significant."

This new approach provides a more responsive system that can adapt to industry needs. The involvement of stakeholders, subject matter experts, and industry professionals ensures the reviews consider a wide range of perspectives.

One concern for families affected by construction site fatalities is the potential lack of closure and answers. "The family members will have the opportunity to be involved from day one,” explains Garritano. “The annual review process aims to provide comfort that things are being looked at, and family input is encouraged."

For health and safety professionals, Garritano says the new process should be met with an open mind and optimism that it will help push industry in a safer direction. "We need a more responsive process that results in the prevention of future deaths and illnesses. It's about making the process stronger, not about watering it down."

The amendments proposed by the Ontario government are included in an omnibus bill containing other legislative changes and was tabled last week.