Occupational Health & Safety & Non-Canadian Born Workers

Transcription

1 Occupational Health & Safety & Non-Canadian Born Workers Peter MacLeod, Policy Officer Labour and Workforce Development Occupational Health and Safety Division

2 Context: Better Regulation and the Regulatory Management Policy "The Government of Nova Scotia is committed to regulating in a way that contributes to a prosperous business climate and ensures that citizens, communities and the environment are well protected." (

3 Issue Agenda Setting within the Regulatory Management Policy Regulatory Management Policy -consider carefully when to intervene - leave a light footprint when involved 13 Step process: Issues Agenda -goal is to used an evidenced based system to justify policy action

4 Context: Workplace Health and Safety

5 Context: Workplace Health and Safety

6 Some Distinction in Terminology Migrant Worker For our purposes we ll use this term to discuss temporary foreign-born workers (TFW) Immigrant Worker For our purposes we ll use this term to discuss foreign-born Canadians

7 Recent International Research United States of America - Some conflicting results, but more discouraging than not An International Survey of Workplace Health and Safety Studies - Foreign-born workers often not in jobs that fit, Language and socio-cultural barriers compound existing hazards.

8 Recent Canadian Research The Institute for Workplace Health (IWH) Dr. Peter M. Smith (one study public and one in the works) OHS Canada Through the Gap OHS Canada (March, 2008)

9 An Issue Emerges A growing quantity of research indicates that Non-Canadian-born workers are at a higher risk for workplace injury/accident in the Canadian workplace.

10 Recent Policy Moves: Approaches, Options? Federal Government Newfoundland and Labrador / Alberta Saskatchewan BC

11 What do we do? The OHS Division upholds the law regardless of country of origin. We enjoy a working relationship with MISA Translation services

12 What Can I do? Seek out the experienced from the private sector Approach the right groups: MISA Traditional Social Institutions Churches Schools

13 An Experienced Perspective: MISA Best Practice to Assure the H & S of your workers: A comprehensive orientation process A proactive approach (information assurance) Access available settlement supports Access available WH&S supports

14 More Experience and Perspective: Oxford Frozen Food Group

15 Immigrant Worker Safety Oxford Food Group

16 The Challenge Immigrant workers have a disproportionate rate of accidents and fatalities in the workplace Hired to do the most undesirable and dangerous jobs at the lowest wages Often do not know what rights they have or what laws protect them Receive no training in health & safety Language and cultural barriers make it difficult to learn of our rights and particularly those who lack immigration status are fearful to speak out Considered disposable and therefore easy to exploit

17 US Operations In a typical year we bring in: Mexican workers to help with general farm labor activities to supplement our current local workforce Mexican workers for Harvest (Mechanical) Canadian workers for Harvest (Mechanical) These workers all come under H2A visa guidelines which limits their work to Agriculture.

18 Canadian Operations Approved for 65 workers from Mexico for 2008 Brought in 12 to work in our processing facilities Specifically brought in to help with our blueberry harvest (August September) and our carrot harvest (September November) Help with re pack activities (December July)

19 SOLUTIONS It is important for all workers to know their rights understand the health and safety hazards in the workplace know how to work safely Be treated like every other employee

20 SOLUTIONS Diversity in the Workplace Respect in the Workplace Extremely helpful if currently not exposed to different cultures Helps to broaden one s outlook on foreign workers and how they can supplement your workforce

21 Health and Safety Review any information you share about hazards/policies. Make sure it is easy to understand. Avoid technical words and long, complicated sentences. Even better, have training sessions where workers can talk with each other and learn about their health and safety rights and the hazards in the workplace.

22 Health and Safety Consider providing training and written materials in the first languages that are present in the workplace (e.g. French, Spanish) Immigrant workers need to be represented on joint occupational health and safety committees. Provide immigrant workers with the health and safety training they need to be effective committee members.

23 Health and Safety Avoid having a token immigrant worker on the committee. Try to ensure that there are at least a couple of immigrant workers who can give one another some support. Translating agendas, minutes, forms will go a long way to their understanding and acceptance and being made to feel as a part of the team.

24 Oxford Food Group TREAT THEM LIKE EVERY OTHER EMPLOYEE IN YOUR COMPANY!!

25 Oxford Food Group TRANSLATIONS

26 Translations Cannot stress the importance enough!! Workers cannot understand English, slang, technical terms (including safety), company anagrams Oxford has established a Spanish English translation service Employee handbook New employee orientation Toolbox meeting minutes Various HR forms (e.g. tax, performance reviews, recycling, etc.)

27 Translations Critical Link Canada International Centre s Language Bank Students Family members of employees Company sponsored language training

28 Contract Highlights Duration of contract Job description Work schedule Wages & deductions Reviewing wage Travel expenses Accommodation Hospital & medical care insurance Workers compensation coverage Notice of resignation Notice of termination of employment Contract subject to provincial labour & employment legislation

29 Oxford Food Group DURATION OF CONTRACT

30 Duration of Contract Clearly spells out the length of time the immigrant worker is allowed to work in Canada Ensures that the terms and conditions of the contract are conditional upon the immigrant worker obtaining a valid work permit (extension) and their successful entry into Canada

31 Oxford Food Group JOB DESCRIPTION

32 Job Descriptions We ve identified all applicable jobs available to the immigrant worker in all areas on the site These job descriptions include a section on occupational health and safety

33 Oxford Food Group WORK SCHEDULE

34 Work Schedule The same as all other employees Breaks and length of shifts are in accordance to NS Labour Standards Act Time off, vacation pay and sick leave the same as all other employees

35 Oxford Food Group WAGES & DEDUCTIONS

36 Wages & Deductions Wages are the same as all other employees starting off working on the production lines Taxes and deductions as prescribed by law are the same as everyone else Recruiting costs are paid by Oxford and NOT the immigrant worker Wages are reviewed after 1000 hours and are adjusted as necessary

37 Oxford Food Group TRAVEL EXPENSES

38 Travel Expenses Oxford pays the airfare between Mexico and Nova Scotia (cannot fly through the United States) Any additional flights home (e.g. Christmas) are paid by the employee

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40 Transportation Driver s licenses (Mexican) valid for the first 90 days in Nova Scotia No winter driving Weekly transportation to Amherst Shopping Doctor s appointments Church Oxford employees Taken to places around NS, NB

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42 Oxford Food Group ACCOMMODATIONS

43 Accommodations Employers are obligated to provide adequate living accommodation for CSAWP workers, including separate accommodation for women workers. Foreign Worker Program housing only has to be available Workers are typically housed in bunkhouses or trailers, or in farmhouses or instant homes

44 Maine Mexican immigrant workers are under the H2A visa guidelines which limits their work to Agriculture Accommodations are regulated Amenities must be at each camp

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48 Nova Scotia Amenities include cable, high speed internet, a fully stocked refrigerator upon their initial arrival Houses are furnished Through payroll deductions, each immigrant employee pays between $6 $25/day for shared housing accommodations Provide their own meals

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52 Oxford Food Group HOSPITAL & MEDICAL CARE

53 Hospital & Medical Care Cannot get coverage if here for under 12 months not eligible for MSI Oxford medical plan mirrors MSI plan under our benefit carrier Spanish speaking doctor based in Amherst

54 Benefits to Medical People are our resources Involvement in their well being Good for company/community Good corporate image

55 Workers Compensation Oxford has agreed to register each Mexican employee under the relevant provincial government insurance plan Oxford has also agreed not to deduct money from the Mexican employees for this purpose

56 Oxford Food Group BANKING

57 Banking Oxford ensured that: a Spanish speaking representative went with all Mexican workers to the bank to set up their accounts explain the Canadian banking system to help set up a system where they could wire money back to their families in Mexico

58 Oxford Food Group NOTICE OF RESIGNATION

59 Notice of Resignation Mexican employees are free to terminate their employment at any time They must give us at least one week s notice

60 Oxford Food Group NOTICE OF TERMINATION OF EMPLOYMENT

61 Notice of Termination of Employment Oxford must give written notice before terminating a contract if the employee has completed three months of uninterrupted service and if the contract is not about to expire This notice shall be provided at least one week in advance

62 Oxford Food Group EXPENSES

63 Expenses Oxford pays for: Return airfare between Mexico & Nova Scotia Food in houses when they first arrive Maintenance on houses/camps Entry visa fees Spanish lessons for Oxford staff

64 Oxford Food Group EMPLOYEE RECOGNITION

65 Employee Recognition The same as all Canadian employees Christmas food vouchers Company jackets Wage increase after 1000 hours of service Safety footwear discount Appropriate time off (e.g. vacation) Shift premiums

66 Oxford Food Group EXTRACURRICULAR ACTIVITIES

67 Extracurricular Activities Organized recreation and social events for them Church Weekly trips to Amherst Employees have taken them to areas of NS & NB TV, internet access, Christmas dinner in Amherst

68 Oxford Food Group BENEFITS

69 Benefits to the Company Loyalty and a strong work ethic that goes hand in hand with the effort that they put into building a new life in Canada An innovative approach to existing systems and processes Appreciation for opportunity Addresses labour shortage issue Enriches the workplace

70 Benefits for the Employee The migrants seasonal earnings in Canada can equal several times their annual incomes in the Caribbean and Mexico Children s education is a high priority for the workers extra income. In Mexico, researchers found that children of CSAWP workers stay in school markedly longer than children in the same communities whose parents have not worked in Canada, and many go on to find work in nonagricultural occupations.

71 Housing is another priority for the additional income. Many Mexican workers invest their savings to rebuild or remodel their homes or expand room for them in parents houses. Benefits for them

72 Benefits for them Some workers have set up small shops or other businesses, and in Mexico house construction has stimulated some local economic activity. In terms of agricultural improvements, some Jamaican workers have tried to adapt farming methods they learned in Canada to their own small family holdings in Jamaica, and a few said they had taught other farmers the rudiments of drip irrigation based on what they had picked up in Canada.

73 Oxford Food Group THANK YOU!