Farming Operations and the Occupational Health and Safety Act

Prince Edward Island's Occupational Health & Safety (OHS) Act

Prince Edward Island's Occupational Health & Safety (OHS) Act comes into effect on all farms January 1, 2007. The main principle of the OHS Act is that workers, supervisors and employers share the responsibility of safety in the workplace. The OHS Act sets out the rights and duties of everyone in the workplace and provides the Workers Compensation Board (WCB) the authority to investigate complaints, critical injuries and fatalities.

Until now, farming operations have been exempt from the OHS Act. As a result of the Webster Inquiry into the death of a young farm worker, it was recommended that the OHS Act become instated on all farms. A Farm Safety Code of Practice was consequently developed with collective input from agricultural commodity boards and farm organizations to help farmers comply with the OHS Act. The Farm Safety Code of Practice is a reference guide which provides farmers with recommendations of safe farming practices.

General obligations for farm employers:

Under the OHS Act, the duties of farm employers include:

• providing information, instruction and supervision to workers about the hazards on their farm
• consult with workers on health and safety matters - notify the Workers Compensation Board of any workplace fatalities or critical injuries;
• develop an Occupational Health and Safety Policy if more than five workers are regularly employed
• post a current copy of the OHS Act, the Farm Safety Code of Practice, and reports issued by the Farm Safety Specialist

General obligations for farm workers:

Workers, including contractors, must:

• cooperate with their Employer;
• must use the protective devices, equipment and clothing required;
• must report any potential workplace hazards to their supervisor;
• take care to protect all others on the farming operation; and
• be responsible for complying with the OHS Act and cooperating with the WCB staff

Farm workers will now have the right to know about the hazards of their job, participate in decisions about health and safety on the farm, and to refuse unsafe work.

Owners:

All farmers, including those who own property but don't operate it (i.e. leased land/barns) must take every reasonable precaution to ensure the health and safety on the farm. The owner must provide any information necessary to identify or eliminate hazards.

Suppliers:

All suppliers of chemicals, feed, equipment, etc. are responsible to ensure that anything they supply is in safe condition and properly labeled.

WCB's Farm Safety Specialist will:

• provide educational programs for the farming community;
• conduct workplace inspections to ensure the safety of farm workers;
• investigate complaints, injuries and fatalities on farms;
• help farmers develop and maintain an OHS Policy and/or program depending on their needs;
• enforce the Occupational Health and Safety Act and the Smoke Free Places Act on all farms;
• focus on high risk farms that have higher than average lost-time injury rates and claim costs;
• issue workplace inspection reports or orders where imminent hazards to the worker are present. These orders can often be lifted before the Farm Safety Specialist leaves if the hazard is removed (e.g., clearing a blocked fire exit or replacing a guard on machinery); and
• work with various commodity groups to establish a bio-security protocol

Q. If I don't have any employees do I still have to comply with the OHS Act?

A. Yes. As a self-employed person working on the farm you are still required to exercise the same safety precautions that a paid worker would take to protect themselves and others.

Q. Do I have to have Workers compensation insurance?

A. No. Workers compensation is still a voluntary program for farmers. However, 57% of Island farm workers currently have this coverage. For most farm operations, the 2006 assessment rate is $3.20 for every $100 of gross payroll. For more information contact the Workers Compensation Board at (902) 368-5680 or 1-800-237-5049

For more information

Please contact:

Workers Compensation Board

Tel: (902) 368-5680

Toll-Free in Atlantic Canada:
1-800-237-5049

Fax: (902) 368-5696