Whether you're hiring temporary staff directly or through an agency, it's crucial to understand your obligations under Ontario's Occupational Health and Safety Act (OHSA). Both employers and agencies share the responsibility for ensuring the safety of temporary workers. Let's break down what that means in practice.
1. Equal Protection, Regardless of Employment Status:
- Coverage: The OHSA applies to all workplaces in Ontario, regardless of the worker's employment status (temporary, contract, full-time, etc.). This means temporary workers have the same right to a safe and healthy work environment as anyone else.
- No Discrimination: Employers cannot discriminate against temporary workers regarding health and safety. They're entitled to the same level of protection and training as permanent employees.
2. Key Rights Under the OHSA:
- Right to Know: Temporary workers have the right to be informed about any potential hazards in the workplace. This includes:
- Specific hazards related to their job tasks
- Safe use of any equipment or machinery they'll be operating
- Emergency procedures
- Right to Participate: They have the right to participate in health and safety discussions and raise concerns without fear of reprisal. This could involve:
- Participating in safety meetings or workplace inspections
- Reporting hazards or unsafe conditions
- Suggesting improvements to safety procedures
- Right to Refuse Unsafe Work: Temporary workers have the right to refuse work they believe is dangerous to themselves or others. This is a crucial right and employers must be aware of it.
3. Responsibilities of Employers and Temporary Help Agencies:
- Joint Responsibility: If you're using a temporary help agency, both you (the host employer) and the agency share responsibility for the worker's health and safety.
- Training and Orientation: Provide adequate training and orientation, even for short-term assignments. This includes:
- Workplace-specific hazards
- Safe work procedures
- Emergency procedures
- Use of personal protective equipment (PPE)
- Supervision and Support: Ensure temporary workers are adequately supervised and have access to support if needed.
- Communication: Maintain open communication with the agency and the worker regarding any health and safety concerns.
4. Addressing Unique Challenges:
- New Environments: Temporary workers are often in unfamiliar environments, which can increase their risk of injury. It's important to provide clear instructions, orientation, and support.
- Varying Tasks: They may be assigned to different tasks or work areas, requiring specific training and hazard awareness for each.
- Short-Term Duration: Don't overlook safety training just because the assignment is short. Even a few hours of work can pose risks.
Protecting the health and safety of temporary workers is not just a legal obligation; it's essential for creating a fair and productive work environment. By understanding and fulfilling your responsibilities under the OHSA, you can ensure that all workers, regardless of their employment status, are safe and protected on the job.
