2005-07-01
Justicia for Migrant Workers
(Toronto) –While the recent Ontario government decision to bring farming operations
under the Ontario Health and Safety Act (OHSA) is a long-overdue step in the right
direction, several gaps in the new regulation continue to leave many migrant and nonstatus farm workers between a rock and a hard place, according to Justicia for Migrant
Workers, a volunteer-driven, non-profit collective that promotes the rights of foreign
migrant and non-status farm workers in Canada. For almost 40 years, many migrant
workers in the government-run Seasonal Agricultural Workers Program (SAWP), which
annually employs over 20,000 workers from Mexico and the Caribbean, have faced
deplorable health & safety conditions on the job. The new legislation fails to address
many of the conditions that render them vulnerable
Justice For Migrant Workers
OHSA EXTENSION TO FARM WORKERS RAISES MORE QUESTIONS THAN
ANSWERS FOR MIGRANT WORKERS
(Toronto) –While the recent Ontario government decision to bring farming operations
under the Ontario Health and Safety Act (OHSA) is a long-overdue step in the right
direction, several gaps in the new regulation continue to leave many migrant and nonstatus farm workers between a rock and a hard place, according to Justicia for Migrant
Workers, a volunteer-driven, non-profit collective that promotes the rights of foreign
migrant and non-status farm workers in Canada. For almost 40 years, many migrant
workers in the government-run Seasonal Agricultural Workers Program (SAWP), which
annually employs over 20,000 workers from Mexico and the Caribbean, have faced
deplorable health & safety conditions on the job. The new legislation fails to address
many of the conditions that render them vulnerable.
While the government’s announcement suggests that farm workers will have the basic
right to refuse to do unsafe work, it fails to account for the threat of “breach of contract”
and the consequent threat of repatriation or future exclusion from the program faced by
SAWP workers who refuse to work in an unhealthy or unsafe environment. “Given the
uniquely vulnerable status of migrant workers, the problem they continually face, even if
they are protected legally, is the fear that if they complain, they may face negative
consequences. There must be absolute assurance that workers will never face negative
consequences for refusing to do dangerous work,” says Janet McLaughlin, who is
researching health and safety issues among migrant workers in Canada.
Furthermore, “under the new regulation, many SAWP workers will still remain unable to
form a mandated health and safety committee, because they do not work in the types of
farm operations covered by the new regulation. Migrant farm workers are left with the
option of designating a health and safety “representative,” whose role and authority go
undefined in the government’s announcement,” comments René Guerra Salazar, an
organizer with Justicia.
In addition, while the government plans to educate farm workers and their employers
about the new regulation through an information campaign during a “transition year,”
there is no mention of how it will address potential language, literacy, and cultural
barriers among SAWP and non-status farm workers. Mr. Guerra Salazar asks, “Will the
government consult with organizations like Justicia who have been doing outreach on the
ground with migrant workers from various backgrounds in order to ensure that workers
know their rights?”
1Given the above concerns, Justicia for Migrant Workers urges the Ontario government to:
- extend the OHSA to the fullest extent possible to all farm workers in Ontario,
regardless of their status, nature of work, or type and size of farm operation;
- ensure that all farm workers in Ontario can exercise their right to refuse unsafe
work without facing sanctions such as repatriation or future exclusion; and
- guarantee that farm workers of all linguistic, literacy, and cultural backgrounds in
Ontario will be made fully aware of their rights under the OHSA and be provided
with adequate support to demand their rights without fear of negative
consequences
In its continuing outreach efforts to migrant communities, Justicia will discuss the act
with workers and listen to their thoughts and concerns. For more information on the
plight of migrant farm workers in Canada, please visit www.justicia4migrantworkers.org.
Agriculture and horticulture workers
Policy analysis
Policymakers, Journalists, Public awareness, Employers, agencies and their representatives, Unions, and NGOs/community groups/solidarity networks
Right to change employer, Right to unionize, Labour standards, Health and safety at work, Health care & social services, Access to permanent status, Impartial hearing before deportation, Status regularization procedures, Right to equality (national origin), and Right to equality (social status)
Ontario
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