Labour shortages and seasonal demand mean more farming operations are relying on workers from temporary help agencies, but who is responsible for the workers' health and safety? The client employer or the agency? 

"It's both," says WSPS Health and Safety Consultant Jay Remsik. "They share responsibility as 'employers' under the Occupational Health and Safety Act." 

Temporary farm workers are at higher risk of injury due to unfamiliarity with workplace hazards and reluctance to speak up for fear of losing their jobs. Keeping these workers safe requires the agency and the employer to ensure workers have the knowledge and training to do the job safely.

Start with a licensed agency

As of July 1, 2024, temporary help agencies that operate in Ontario must be licensed. “A good first step when you are looking to hire temporary help is to verify that the agency is licensed,” says Jay, noting that employers who knowingly use the services of an unlicensed temporary help agency could face hefty fines. Employers can look up the licensing status of a temporary help agency on the Ministry of Labour, Immigration, Training and Skills Development (MLITSD)’s website.

In some cases, farm or greenhouse operators will work with the temporary help agency to provide workers with the required training. “Some employers provide the agency with the training that is required to do the work. Then, the agency completes that training with the workers before they arrive at the farm or greenhouse,” explains Jay. “However, the farm or greenhouse operator is still responsible for obtaining and verifying documentation that the training has been done.”

For example, the agency could have workers complete the MLITSD’s mandatory worker health and safety awareness training or Workplace Hazardous Materials Information System (WHMIS) training prior to their first day of work. Another example is having the temporary help agency review the required personal protective equipment (PPE) and how to properly use it. Having this type of training completed before workers arrive at the farm or greenhouse can save a lot of time; however, the farm operator must still complete workplace-specific training. “The employer still needs to review the specific hazards that the worker will encounter and the controls that have been put in place to mitigate risk,” says Jay.

Prepare your workplace with these seven best practices

1. Conduct a hazard assessment. Identify hazards the workers will face, the training needed, and PPE requirements.
2. Provide hazard assessment and training information to the agency. Determine whether the agency or your workplace will provide mandatory health and safety awareness training and ensure you receive documentation for the training completed.
3. Validate workers' knowledge, training and skills. "Don't make assumptions," says Jay. "Ask questions about their training and/or have them operate equipment in a safe location." If a worker lacks knowledge, training or skills, bring them up to speed before they begin work.
4. Provide orientation and job-specific training. In your orientation training include health and safety policies, hazards, emergency procedures, hazard and incident reporting, and contact information for the joint health and safety committee or health and safety representative. Focus job-specific training on hazards, safe work procedures, and PPE. Provide supplementary training as required (e.g., safe handling, use and storage of chemicals). For workers with limited English language skills, bring in an interpreter or enlist another employee who speaks the same language to translate.
5. Confirm understanding. "Use the show, tell, check and test method," suggests Jay. Describe and demonstrate what needs to be done, then have the worker do the same.
6. Actively supervise the workers. "They need to be monitored by a supervisor who provides constructive feedback on what they’re doing well and what could be improved."
7. Communicate with other workers. The possibility of violence and harassment directed against new Canadians is one hazard you can’t ignore. Remind all workers of your violence and harassment policies. 

How WSPS can help 

Consulting

Connect with a WSPS agriculture health and safety consultant for help when preparing for temporary seasonal workers.

Training 

• Hazard Identification, Assessment and Control (3-hour eCourse). Also available in French. 
• Orientation on Health and Safety for New Agricultural Workers (1.5-hour eCourse). Also available in French.
• Tractor Safety Awareness (free 20-minute eCourse) 
• Hiring & Managing Outside Contractors (3.5 hours classroom)

Resources

• Small Business Checklist (agriculture): 20-49 employees, 6-19 employees, 1-5 employees  
• Farm Safety Round Up Podcast
• Share with your workers: Agriculture safety resources available in 4 languages) (videos and articles)
• Temporary Help Agencies & the Agricultural Sector (recorded webinar)
• Seasonal Worker Safety 1: Effective and Efficient Onboarding (recorded webinar)
• What training should employers provide for temporary workers? (video)
• Why should employers work with a reputable temporary help agency? (video)
• What resources should employers prepare before bringing temporary workers into the workplace? (video)

The information in this article is accurate as of its publication date.