“We run in the most dangerous industry there is. We have the lowest number of workers, and we have the highest injury and fatality rates.”
With that statement, Ryan Dick, health and safety consultant with Workplace Safety and Prevention Services, grabbed and held the attention of producers at the Large Flock Operators’ summer meeting on Amherst Island on Aug. 7.
The Occupational Health and Safety Act has applied to farm operations with employees since 2006, including paid family members, but 20 years later, most farmers are unaware of the potential liabilities and repercussions for non-compliance.
When Dick asked whether attendees or someone they knew had been hurt at work, 70 per cent raised their hands.
Right to a safe workplace
The Occupational Health and Safety Act book is designed to ensure everyone has the right to work safely, whether in a pasture, a Tim Hortons or a nuclear refinery and return home each night, Dick said.
“I’ve been in this industry all my life, and we say safety matters, but it only matters if you have the time,” he said, adding that’s inaccurate. “If you’re not willing to take that responsibility, here’s a hard truth: don’t hire them.”
Years ago, Dick’s dad hired the neighbouring farm kid to drive a tractor and auger down the road to their other farm. The kid had never driven it and didn’t know to take the corner wide into the driveway. It never occurred to them, Dick said, adding the tractor had no seatbelt or roll bar.
“He should have been killed. No ifs or buts. He wasn’t. He really lucked out. Didn’t even get hurt. Do you think that changed how we did anything on the farm? Not a bit,” he said.
If he had been killed and it happened now, Dick said his father would be in jail for criminal negligence.
Navigating regulations
It’s challenging for farmers to understand and implement health and safety regulations, given the complexity and variability of farm operations, acknowledged Dick, which is why WSPS, a non-profit organization, helps farmers develop health and safety systems.
“We have consultants across the province. We offer safety expertise. We offer on-site training, on-site consulting,” explained Dick. “And we produce, as I said, 1,000s of resources every single year for you to use on your farm.”
The organization is offering a full complement of training courses for free, including courses that usually cost hundreds of dollars, until September, at wsps.ca.
Its Agriculture and Horticulture Safety Centre provides employers with an online roadmap walking a farmer from point A to point B to create a health and safety plan.
“A quick little two-minute walk around, and it’ll give you an indication of ‘Where am I on my health and safety journey? What do I have to do?’” Dick said. “Because I don’t want to hear anybody losing that farm because they paid a half million dollars in fines because they didn’t know they were supposed to do something.”
Documenting is critical
Dick’s 20-page farm safety document must be read and signed by each employee, proving he’s fulfilled the minimal requirements to have an employee on his farm.
He said it took eight minutes to create with the free tools and provides further guidance on farm and machinery management for employees after he’s given them a one-on-one tour and instructions.
“I really need you to consider this for health and safety; it is only provable if you have it documented,” he said. “As far as the ministry (of labour, training and skills development) is concerned, you didn’t do it. That’s where we’re seeing the majority of orders happening.”
There are supervisors behind bars because they couldn’t prove they followed safety training protocols after an employee was injured or killed and the “I didn’t know” defence isn’t valid against criminal charges, stated Dick.
Regulatory maze
Farming’s covered under Regulation 414; however, several regulations could and do apply to farm operations and workers’ rights.
Then there are short-term regulations that may apply at specific times, such as construction regulations when grain bins or a new barn is being built or industrial regulations for value-added marketing or non-growing, custom application activities.
Regulations 380 and 1101 address noise exposure and first aid requirements, respectively, while Regulation 297 applies to mandatory, minimum training and record-keeping requirements.
He said one of the biggest issues they see is reprisals: you cannot fire someone for refusing to do something unsafe.
Right to refuse
Workers have the right to know the job hazards, how they can harm them and how to control them. They can legally refuse work they believe puts themself or another worker in danger. They are required to tell a supervisor or employer, who must investigate.
Dick said several days before his Grade 8 graduation, a preventable tractor accident while working at another farm led to him spending several days in the hospital and a lifetime restriction on contact sports. It happened simply because a supervisor failed to mark a washout reported by an employee the day before.
Under Regulation 420, if there is a fatality, critical or other injury, occupational illness or other incidents related to employee health, you must complete WSIB forms and report it to the ministry, which has up to 10 years to lay a charge after the incident.
Dick said they’re seeing more fines related to this because even if the farm doesn’t report the incident immediately, the employee could later.
“Ontario has the most complicated health and safety system out of all the provinces. We’re hoping to get that streamlined going forward,” said Dick. “It is a very challenging thing to be an employer in this day and age. You don’t have to figure it out on your own.”
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