© 1 INCIDENT 04-2017

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Disclaimer:  By accessing information provided by 1INCIDENT.COM web site and or consultant, written and or verbal material [upon the site or provided by the consultant],  the user accepts full liability and responsibility for their use of the material.  Therefore it is the user[s] full responsibility what the user chooses to do in applying the information and or documents and or provided during a consultation.  Information provided by 1INCIDENT.COM is not intended to replace legal counsel nor is intended to replace insurance policies. Once PRIME & CONTRACTOR details are filled within the document the document[s] may be emailed to contractors for signatures only.  Legal action will be taken for infringement of copyrights at the users' expense of legal fees. Information provided by 1INCIDENT.COM is for the purchases 1-time use only per purchase.  ​All users accessing the site shall be the minimum age of 19 years of age in CA and 21 in the USA.  ​The Consultant may be contacted for additional forms.  Legal guardians may request a Legal Guardianship request form for youth Primes.

CHECK LIST

1 INCIDENT is all it takes to loose your home / investment

PRIME CHECK LIST click here

Before you make your final decision to hire a contractor OR the friend or friend of a friend or family:

Perform your own checklist of qualifications and purchase the Transfer Liability Agreement  for Safety found in the doc-shop.

A REPUTABLE CONTRACTOR:

A reputable contractor who is operating their business within the laws and construction ethics will have their dues paid for coverage for their employees.  How will you to ensure this has been done and more:

 

  1. When you call WCB ask for the company's "Compliance Letter":  This can be searched and or requested from the Workers Compensation Board Website by you by visiting www.wcb.com.  In the event, the contractor is operating without the correct WCB coverage the contractor and their workers are not covered for injuries by WCB nor BC medical during the scope of the work. [all workers are required to be covered by the governing body of the country]  As the PRIME having documentation for the contractor to accept all liability for themselves and all workers regarding safety becomes the #1 priority for you as the Prime.

    1. Who is WCB? Workers Compensation Board / Who is OSHA?: The United States Labor Department of Labor: Occupational Safety and Health Administration

  • IN CANADA WCB covers workers for immediate injury claims of insured workers only. [ongoing wage loss available only if the worker's performance is within the WCB OHSR Safety Regulations and employers dues are up to date]

  • IN THE USA  OHSA governs workers for injury claims of insured workers only. [only if the worker's performance is within the OHSA Safety Regulations]

  • If a person is working and being paid for work [CASH OR OTHER] on your property there needs to be Homeowners Liability Insurance and possibly a Construction floater in place through your usual homeowner's insurer. Acquiring the 1incident.com transfer of liability for Safety is in addition. [visit the doc-shop downloads]

  • During the hours at work usual Provincial / State  Medical Insurance or other does not cover a worker while at work in the construction or other similar workplace industries.   W.C.B and OSHA offer complying workers insurance if dues are up to date and the owner has full coverage versus P.O.P.  Inquire with the governing body.

  • Do NOTE: The governing agencies have a policy between worker and employer that the worker cannot sue their employer providing the employer has performed an orientation form signed by the worker and on file.  This policy can shift liability onto the Prime.

  • Each employer [PRIME] Contractor MUST pay WCB / OSHA premiums for their workforce medical and ongoing wages loss coverage. [ongoing wage loss APPLICABLE only when workers follow the regulations]

  • This is to ensure workers are abiding by the Occupational Health and Safety Regulations which govern ALL workers in Canada and in the USA OSHA governs workers in the construction industries or work hours on your property as a hired contractor/person regardless of the form of payment   

  • WCB / OSHA coverage also ensures the worker: their employer is working within the guidelines and supplying professional equipment and is legally bound to "INSTRUCT" and "DOCUMENT INSTRUCTION" for the worker on proper SAFE WORK PROCEDURES" and supply safe professional tools and equipment and instruction.  All instruction must have a paper trail.

BEWARE: Some smaller companies in attempts to not pay industry-standard WCB / OSHA premiums for their scope of work; will register themselves as consultants[POP].  When in fact they have a workforce performing other duties that require a higher premium.  Always check the type of coverage in the Clearance letter you receive from WCB in Canada or in the USA call provider of the clearance letter yourself vs your contractor providing this for you.  

These particular companies are therefore not provided appropriate coverage for their employees by usual WCB / OSHA benefits in the event of an incident resulting in an injury while the worker[s] perform construction-related tasks on your property/site. So simply asking if they have W.C.B. or OSHA coverage is not enough.  You need to know what kind of W.C.B. or OSHA coverage do they have?

In these cases, most employees of employers have no idea they do not have coverage nor does the homeowner

1 incident is ALL it takes and your exciting venture could cost you your home/investment. 

  • A Compliance letter will confirm the type of coverage of the company & their workers have for coverage and the company is up to date on their premiums [provided they are following WCB / OSHA Regulations].  Companies who pay consultant rates generally are unable to achieve a Compliance letter for construction workers from WCB / OSHA.

  • In some cases, with new registrations, may not show up in the system when you call WCB / OSHA. They will let you know that they are up to date if they have submitted their dues and what type of coverage the contractor has  WCB / OSHA will release this information to the standing of the company to you.

This information includes temporary workforces from temporary employment agencies.  Many small companies may not be carrying the correct liability.  In the event, a company owner has P.O.P and hires workers from a temporary employment center you as the Prime will want to ensure such agency has appropriate coverage for the temp workers by requesting a document from the temporary company or an email directly from the personnel agency.  Remember you have the right to ask for what is going to protect you in the event of an incident.  The courts require written documentation.

1 Incident "Liability Transfer Agreement Form" can ease that burden

[read disclaimer]

Note:

Be aware of what your home insurance covers:  Your coverage may exclude your handyman, landscapers or contractors who perform the work-related tasks [s] on your home or property. You many need floaters. 

  • Additional construction floater or other insurance riders are required when having renovations or construction.  Speak with your insurance company and have their office provide you in writing; your coverage for such requirements. Download the Liability Agreement for Safety in 1incident.com doc-shop and have your contractor sign it with you. [You may wish to have it notarized for larger projects]

  • You as the homeowner can visit WCB /OSHA and request a WCB / OSHA Compliance Letter or ask your contractor to provide you with their WCB Compliance Letter MAKE SURE YOU CHECK THE DATE [Call WCB / OSHA to ensure the Letter is in good standing and up to date]. DO NOT START WORK WITHOUT THIS LETTER AND OR 1 incident "Transfer Liability Agreement" for safety.

  • Obtain a copy of the Contractors Insurance coverage for liability in hard copy

  • Check the date of issue to ensure the insurance is valid and call their provider to ensure their insurance covers their scope of work and their workers for your project  

  • Be sure their Liability Insurance coverage is a minimum of 5 million dollars.

 Have your contractor sign a "Transfer of Liability Agreement"  for safety which your contractor accepts the full liabilities listed in the document that pertains to the scope of work to be performed.

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If the company is offering a warranty call the warranty provider and ask them if the contractor's company was to become bankrupt is the warranty coverage still intact and for how long after completion of the task[s].

 

 

RENOVATION ESPECIALLY STRUCTURAL: 

Hiring a Reputable Construction Inspection Company to inspect the contractor's [Qualified Engineer] work at each phase may provide you with added security down the road.  [Choose the Inspection company who has the policy to cover the work they are approving with their insurance rider[s] and inquire to how many years after the work has been completed by your contractor will the policy be in effect with the insurer]  Many insurers backing contractors end the policy and coverage when the contractor stops paying dues.  Contractors often shut down and re appear under a new name when their have been discredited by the Governing Regulators.  

  

 

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