87. A site supervisor ignores known fall hazards and a worker is injured.
Which body of law is most directly engaged?
A. Occupational
health and safety
B. Defamation
C. Securities disclosure
D. Copyright
Ans. A
88. A contract attempts to shift all site safety obligations
away from the constructor contrary to statute.
What is the key concern?
A. Statutory
safety duties may not be displaced by contract
B. Contracts always override statutes
C. The engineer becomes immune
D. The worker loses all rights
A
The correct answer is:
A. Statutory safety duties may not be displaced by contract
Explanation
Under laws like the Occupational Health and Safety Act, certain responsibilities—especially those related to site safety—are imposed by statute and cannot be contracted out of.
· A constructor (or employer) cannot avoid legal safety duties simply by writing a clause in a contract.
· Any contractual term that tries to shift or eliminate those statutory obligations is generally invalid or unenforceable to that extent.
· The law prioritizes worker protection and public safety over private agreements.
Why the other options are wrong:
· B. Contracts always override statutes → Incorrect. Statutes take precedence over contracts.
· C. The engineer becomes immune → No, professionals still have their own duties and liabilities.
· D. The worker loses all rights → Workers’ rights are protected by law and cannot be waived through such contracts.
89. A worker injured on the job seeks compensation through
the provincial workers’ compensation scheme rather than suing in tort.
What chapter intersection is involved?
A. Torts and
workers’ compensation legislation
B. Aboriginal law
C. Privacy law
D. Patent law
Ans. A
90. A Canadian firm sends staff abroad to a hazardous site.
What added legal concern arises?
A. Working
internationally may raise different safety obligations
B. Canadian law disappears entirely
C. No safety duties apply abroad
D. Only contract law matters
Ans. A
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