Hiring gig workers? Do you know your responsibilities as an employer?

November 19, 2024

Jessica Bowes

3 workers in a warehouse shaking hands.

How we work has changed substantially in recent years, thanks to the rapid introduction of new technologies. While it affords people an unprecedented level of freedom when it comes to determining when, where, and how they work, it can create a unique set of health and safety risks for workers.

Who are ‘gig workers’?

‘Gig workers’ perform paid work outside of traditional employment (e.g. app-based ride and delivery services) They are often freelancers, independent contractors, and temporary workers who frequently visit new locations, work in new environments, and sometimes change their job tasks. This creates precarious working conditions for these individuals.

A recent study by the Institute for Work and Health (IWH) found that those who experience precarious working conditions are at a higher risk of work-related injury and illness. The researchers defined precarious working conditions as temporary work, lower wages, and irregular or part-time hours. According to them, workers who lack stable, secure employment might hesitate to report unsafe working conditions or refuse unsafe work. They may also be more likely to take on more jobs and work longer hours.

“Gig workers are essentially new workers each time they take on a temporary job,” says Amanda Gorman, Health and Safety Consultant with WSPS. This combination heightens their risk for work-related injury and illness; stacking or multiplying the hazards.

Who is responsible for gig workers' safety?

Recognizing that gig workers are more likely to experience an occupational injury or illness is a good first step. However, determining what to do about it is where things get complicated. “When we think about the Occupational Health and Safety Act (OHSA) or the Employment Standards Act (ESA), it can be unclear where gig workers fit in. In most cases, the legislation refers to employers and employees. “Is an Uber driver an employee?” asks Amanda. “Who is responsible for the safety and well-being of these workers?”

Whether or not the worker is technically an employee, the employer still has an obligation to inform them of the hazards they will face while performing the job.

Legislatively, the Ministry of Labour, Immigration, Training and Skills Development of Ontario (MLITSD) is looking to reduce the dangers of these jobs and boost protections for their workers with their newly introduced Digital Platform Workers’ Rights Act, which comes into effect on July 1, 2025. Among several other things, this new legislation will require digital platform operators to pay at least minimum wage and provide written notice at least two weeks in advance before removing a worker from the platform.

While the Digital Platform Workers’ Rights Act is a step in the right direction to help reduce some of the factors that create precarious working conditions, it doesn’t change the fact that gig workers are always moving from one job to the next. “Short-term contract workers, temporary workers, and digital platform workers may be exposed to different hazards every time they are called to work because they could be in a different environment each time. There is no continuity, which makes it more difficult to recognize the hazards,” Amanda says.

5 tips to protect gig workers

All workers in Ontario have the same basic rights under the OHSA: The right to know; the right to participate; and the right to refuse unsafe work. Amanda offers these health and safety tips for employers when working with short-term or gig workers.

Review job-specific hazards and controls with each worker before they start work. It doesn’t have to be a formal training course that takes a full day. Even a brief review of the hazards at the beginning of the day, with an opportunity for the workers to ask questions, can be timely and effective.
Complete an orientation. It’s important for all workers, even temporary ones, to be familiar with the workplace. Even if a worker is primarily going to work only in one specific area, they still need to know where to find washrooms, emergency exits, first aid kits, etc.
Take the opportunity to promote your workplace’s safety culture. Even if a worker is with you for only a day or two, have a senior member of management discuss the organization’s commitment to a safe workplace and explain the worker’s rights as part of the orientation. This will help temporary workers feel safe, comfortable, and confident about speaking up.
Assign a supervisor. Make sure each worker knows who they can go to with questions or concerns and provide them with a means to reach that person (e.g. a phone number or office location). Also, do not assume that seemingly simple tasks do not require training or supervision. For example, if you hire a few temporary workers to pack and move boxes, ensure they are lifting and moving them safely.
Clearly explain how to report a hazard. Encouraging workers to report hazards is only effective if they know how to do it. Whether it’s a phone call, email, or an in-person conversation, make sure everyone knows who to contact and how to contact them if they spot a hazard in the workplace.