How the Occupational Health and Safety Act affects Ontario farmers

The safety regulations covering farmers are non-prescriptive and the Ministry of Labour has taken care that its inspectors are well-trained and qualified to do their job

July 1, 2006, was a historic day for agriculture in Ontario. On this day, agriculture came under provincial legislation known as the Occupational Health and Safety Act (OHSA). Farming was one of the last industries or businesses which had been exempt from the Act.

Initially, several farmers and farm organizations opposed this legislation, seeing it as one more burden farmers had to deal with in their operations. The request to include farming under OHSA came from the Labour Issues Co-ordinating Committee (LICC), an organization made up of representatives from a wide cross-section of farm organizations across Ontario.

Nobody denies that farming is a hazardous occupation and every month of the year families are devastated by accidents occurring on the farm.

The Canadian Agriculture Injury Surveillance Program has released some statistical data on farm fatalities from 1990 to 2004 (see chart below). 

A committee made of representatives from the Ministry of Labour (MOL), Ministry of Agriculture, Food and Rural Affairs (OMAFRA) and the LICC began meetings in late 2003 to study the inclusion of farming under the Occupational Health and Safety Act.     The unique nature of farming was recognized early on as farms are not only a place of work but also where the farm family lives. One of the major considerations was that the regulations would be guidelines that were non-prescriptive. All other industries are covered by regulations that say “you will” or “you must,” while agriculture was given a set of guidelines to follow so that farmers could adapt them to their own particular need. Only paid workers are covered under the Act so, if you have no paid workers on your farm, then it is exempt.

Some groups feel that the current legislation does not go far enough in protecting workers on the farm. But it cannot reasonably be expected that farming can catch up to 25 years of occupational health and safety in just a couple of years. There has been significant progress in making farmers and workers aware of the need for health and safety on the farm and in the implementation of health and safety plans.

The Farm Safety Association (FSA) has played a pivotal role in the establishment and distribution of information on the Occupational Health and Safety Act. It is the lead agency for health and safety on Ontario farms and its expertise has been valuable to both government and farmers alike.

The FSA created and delivered a series of information seminars on the Act across the province in 2006-2007. A complete package is available from the FSA providing farmers with all of the necessary documents, posters and templates to comply with their duties under the Act. FSA consultants are available to visit your operation and make recommendations. Since their number is limited, you should contact the FSA for an appointment if you are interested in this service.

The MOL is responsible for administering and enforcing the Act. If a critical injury or fatality occurs on your farm, it is the responsibility of the farmer to contact the MOL within 48 hours and it will determine if an inspector needs to investigate. During the first year of implementation that ended on July 1, 2007, the MOL acted only on a complaint or accident basis. Random inspections are now being conducted, so all farms employing paid workers must be ready and have a health and safety plan in place. Initially, many producers feared that the inspectors would only have knowledge of industrial work sites and would not understand the differences in farming. The MOL took precautions against this and the inspectors that were hired all had an agricultural background. They also went through an intensive training period that OMAFRA conducted along with the FSA. They were given information about the various types of farming in Ontario from seasonal operations to long-term, specialized farming. The inspectors travelled to several farms to witness first hand the unique situations that farmers face every day in Ontario. The result of this training is a group of inspectors uniquely qualified to enforce the Act fairly and equally.

Good things grow in Ontario. It is also the aim of the government of Ontario and farm organizations to make sure not only that good things grow but that they are grown safely. Here is a list of contacts where additional information on the Occupational Health and Safety Act can be found.

Farm Safety Association:
www.farmsafety.ca, info@farmsafety.ca, 1-800-361-8855.

Ministry of Labour:
www.labour.gov.on.ca/english/hs/farming/index.html, 1-800-268-8013.

OMAFRA:
www.omafra.gov.on.ca/english/busdev/facts/ohsa.htm,
ag.info@omafra.gov.on.ca, 1-877-424-1300.

Workplace Safety and Insurance Board:
www.wsib.on.ca, 1-800-387-5540 BF

Gary Mawhiney is Human Resource Management Program Lead with the Ontario Ministry of Agriculture Food and Rural Affairs (OMAFRA).

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