Justice for Migrant Workers

Defence Organization Justicia for Migrant Workers Demands Protection for All Ontario Farm Workers

Organizations active in defending migrant workers are stepping up their fight in defence of all farm workers. The most vulnerable farm workers are the over 60,000 seasonal and temporary workers who come to Canada each year to work in the agriculture industry. Many arrive through federal programs such as the Seasonal Agricultural Worker Program (SAWP).

In March, the federal government granted farmers the ability to hire migrant workers throughout the pandemic, so long as the workers self-isolate for two weeks upon arrival. This condition, ,however, does not apply to those deemed essential by public health officials. This means that some migrant workers are forced to work during their period of self-isolation. The federal government also shamefully washed its hands of the responsibility to ensure the ways and means through which migrant farm workers can practice social distancing at work and in their lodgings. Migrant farm workers typically live in inadequate housing that is shared by a large number of workers. In spite of this, the federal government has decreed that farm businesses, in conjunction with the provinces, are the best positioned to provide adequate lodging.


Migrant farmworkers prepare to leave Jamaica for their jobs on Canadian farms.  

On May 1, Justicia for Migrant Workers (J4MW) wrote to Ontario Premier Doug Ford, and to the members of the Ontario Command Table for COVID-19, to demand that urgent and immediate steps be taken by the Ontario government to protect farm workers. [1]

The letter says: "Justicia for Migrant Workers (J4MW) is writing to request urgent and immediate action is taken to protect the thousands of agricultural workers employed in the province of Ontario. With recent reports that there have been confirmed cases at two large farming operations, Highline Mushrooms and Greenhill Produce, it is imperative that the province responds.

"J4MW is asking what steps will the province undertake to protect the interests of farm workers, and to protect the food supply chain. We urge the province to immediately suspend any agricultural workplace from operating until the workplace is fully sanitized and the workers are provided with full Personal Protective Equipment while at work. Furthermore workers should be paid full wages during the sanitization process. Finally it is imperative that Ministry of Labour inspectors extend their inspections to include bunkhouses and all agricultural dwellings provided to farm workers. Finally it is also critical that the province develop a COVID-19 action plan to protect workers specifically in agriculture.

"J4MW is urging that the provincial government and the Ministry of Labour undertake immediate steps to eliminate blatant discrimination against farm workers so that all farm workers can be protected from the spread of the pandemic. These steps include:

- "Extend the wage boost to include farm workers in Ontario [wage boost refers to wage increase and special bonuses that the Ontario government granted to some of the workers providing front-line services during the pandemic for which farm workers are not eligible - WF Note]

- Provide an expedited appeals process for migrant workers when filing complaints with respect to occupational health and safety and employment standards complaints.

- Migrant farm workers should be provided the ability to work so that they are not tied to a single employer.

- Extend occupational health and safety legislation to include agricultural dwellings.

- Strengthen anti-reprisal protections to ensure workers are not fired for raising health and safety concerns or if they become sick or injured at work.

- Develop regulations to protect workers from heat stress, chemical or pesticide. exposure, confined spaces, working at heights and other occupational hazards.

- Increase proactive and snap inspection on all farming operations across Ontario

- Provide hazard pay, sick pay and other benefits to recognize the dangers associated with agricultural work.

- Recognize piece rate as an occupational health and safety hazard.

- Develop and implement occupational health and safety legislation that recognizes, race, racism, systemic discrimination and provides an equity analysis in determining which categories of workers are at greater risk of occupational hazards.

- Communicate what protocols the WSIB has in place to isolate infected workers (and protect uninfected workers) if there is an outbreak in the bunkhouse or workplace.

- End employer wage deductions for all personal protective equipment and develop regulations that ensure employers provide bathrooms, washing facilities and potable water for farm workers across Ontario.

- Strengthen migrant worker protection against recruitment fees by holding employers and recruiters jointly liable.

- End the exclusions to holiday pay, overtime pay, minimum hours of work provisions and the myriad of regulations that deny fairness to farmworkers." 

JAMW points out that these measures are longstanding requests that farm workers have been bringing forward for decades. It says that to stamp out the spread of this pandemic, it is critical that structural changes are made to address the systemic power imbalances that exist in the fields.

"These structural inequities in agriculture work are exacerbated under the twin forces of the pandemic and harvesting pressures. It has therefore never been more imperative to provide the workers with all the rights and protections. Farm employers are receiving several benefits in the form of subsidies and other grants and other regulatory exemptions. It is time that the workers receive the benefits that are due to them and are valued for their essential labour, " says the letter in conclusion.

Note

1. The Ontario Command Table for COVID-19 was set up by the Ontario government at the beginning of March. According to the government, the Command Table is the "single point of oversight providing executive leadership and strategic direction to guide Ontario's response to COVID-19. " The Command Table reports to the Minister of Health. It is chaired by the Deputy Minister of Health, and includes Ontario's Chief Medical Officer of Heath, Ontario Health's President and Chief Executive Officer, and has representation from Public Health Ontario, the Ministry of Long-Term Care and Ministry of Labour, Training and Skills Development.

(Photos: WF, C.J. Chanco, R. Makyn, T. Donaldson)


This article was published in

Number 31 - May 5, 2020

Article Link:
Justice for Migrant Workers: Defence Organization Justicia for Migrant Workers Demands Protection for All Ontario Farm Workers


    

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