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Province should give farm workers occupational safeguards

The province was called upon again this week to give Alberta farm workers the same protections as those in other occupations, and in other provinces.

The Alberta Federation Labour was among the voices which used the occasion of National Farmworkers' Day, on Monday, to push the province to take action. AFL policy director Shannon Phillips of Lethbridge, in urging the Alberta government to include farm workers in occupational health and safety and employment standards codes, said, "We are currently the only jurisdiction that has no form of protection for farm workers."

NDP agriculture critic David Eggen slammed the province for its lack of action to protect farmers, noting farm labourers are excluded from basic employment standards such as hours of work, overtime, vacation pay or statutory holiday pay.

"Alberta is far behind the rest of Canada in regards to farm workers' safety," said Eggen.

Those calling for action argue that farm workers in Alberta deserve the same protections as workers in any other industry. The province has always countered that it doesn't want to infringe on the operation of the family farm, but protecting farm workers doesn't have to interfere with small farming operations. It's workers in the larger corporate agricultural operations who are most in need of regulations to serve their interests.

Judge Peter Barley, in his report from the fatality inquiry into the 2006 death of farm worker Kevan Chandler, recommended that the province amend the safety act to include paid farm workers. But he indicated that family members and other unpaid workers could still be exempted, so the province's long-held argument against making changes doesn't stand up.

Barley, in his report, noted, "No logical explanation was given as to why paid employees on a farm are not covered by the same workplace legislation as non-farm employees."

Eric Musekamp, president of the Farmworkers Union of Alberta, has been calling for better protection for farm workers in the province. He noted in a letter to The Herald earlier this summer that Alberta fatality numbers would climb by 19 per cent if agriculture work-related deaths were included. He said that number doesn't include farmworkers who die of workplace diseases or illness, nor does it include motor vehicle crashes which make up a large proportion of workplace deaths in other industries.

Phillips said the province has spent years studying the issue and in the meantime, farm workers continue to die.

There seems to be no good reason why farm workers in Alberta don't have the same occupational protection as those in other industries. It's time for the provincial government to do what it should have already done - put those workers on a level playing field with other workers, and with their counterparts in other provinces.

Lethbridge Herald, Wedn Aug 23 2012

Government accused of ignoring farm workers' rights

The Alberta government's failure to post its annual report of farm work-related fatalities has brought allegations from the Alberta Federation of Labour (AFL) that the province is deliberately trying to move the issue to the back burner.

However, Agriculture Ministry spokesperson Stuart Elson says the statistics will be posted "shortly," once the ministry finishes its review of how the statistics are reported.

"Some of the information we provided, it was providing a little bit too much detail in terms of identifying victims and putting some additional hardship on the families," says Elson. He says 16 people died while working on Alberta farms in 2011; down from the 22 reported in 2010 but about average for the past decade.

AFL secretary-treasurer Nancy Furlong says she is skeptical about Elson's answer, but says the issue of government inaction on farm worker issues is inexcusable.

The AFL is engaged in a long-term campaign to get farm workers covered by Occupational Health and Safety legislation. Alberta is the only Canadian province that excludes farm workers from labour laws, including rules governing working hours and conditions, age limits, pay and the right to refuse unsafe work.

Last year the AFL, NDP, Liberals, Farmworkers Union of Alberta and United Food and Commercial Workers Canada sent letters to then Agriculture minister Thomas Lukaszuk calling for legislative changes. The government refused, and instead created educational farm safety programs and created a 15-member advisory panel to study the implications of legislative changes. The AFL points out that 11 of the 15 members are agriculture employers, and only one is a worker representative.

On August 21, Liberal MLA David Swann weighed in, calling on major corporations like McDonald's and PepsiCo (owner of Frito Lay) to boycott Alberta-grown potatoes until Occupational Health and Safety, Workers' Compensation Board and child labour laws are expanded to cover agriculture employees.

The provincial government has long held that farm work is fundamentally different from other forms of labour because it traditionally relies on the unpaid labour of family members.

"We just want to make sure that we're bringing forth practical solutions to enhance farming but also respect the rural way of life and the needs of the family farm," explains Elson.

Furlong says that is illogical and ignores the majority of employees in the agriculture industry that work for large-scale operations.

"This is a historical thing, [it] was left over from before we had agribusiness, really, and most of this province was covered over with small farms," says Furlong. "We're going to continue to lobby the government and we're going to continue to hopefully educate the public to say 'this is astounding and outrageous.'"

The AFL represents over 150,000 Alberta workers. It states three-quarters of Alberta farms report incomes over $250,000, and that there are approximately 12,000 "farm workers" in the province. In 2005 the federation declared August 20 as "Farm Workers Day."

FFWD News, Thurs Aug 23 2012
Byline: Suzy Thompson

Union says workers unprotected

The Alberta Federation of Labour is criticizing the provincial government for no longer reporting farm fatalities.

The federation says the move is an example of how "agricultural workers are being erased in Alberta."

"This decision to stop reporting the number and nature of farm deaths helps to hide the real problem Alberta's deplorable lack of workplace protection for farms workers in the province," spokeswoman Nancy Furlong said in a release Monday.

"It's particularly insulting to the families of those killed on the job to have to call on the government to continue to simply report these incidents."

The federation says the province is the only one in Canada where farm workers aren't covered by occupational health and safety laws. It says they are also excluded from legislation on hours of work and overtime, statutory holidays and vacation pay.

A judicial inquiry in 2008 into the death of worker Kevin Chandler in a farm accident near High River, Alta., recommended the inclusion of farm labourers in laws ensuring workplace protections.

"It is the government's duty to protect workers, but also to report their deaths and injuries. Death and injury prevention requires knowledge of the frequency and nature of the incidents," said Furlong.

The federation says the province announced its plans on a government website and offered no meaningful explanation for the change.

Alberta Agriculture said Monday it is reviewing how it publishes information about farmworker deaths and injuries with an eye to protecting the privacy of victims and their families.

Stuart Elson, a ministry spokesman, said updated statistics could be available later this week.

On the larger question of when or if the government will introduce workplace safety legislation to protect farms workers, Elson said at least two ministries are studying the issue.

"Education and awareness are best suited to the practical realities of farming," he said.

"We are continuing to work with the Ministry of Human Services to improve farm safety. That is all I can really say at this point."

The NDP's agriculture critic used a stop in Lethbridge, Alta., to blast the government for what he called inaction on workplace safety for farm workers.

David Eggen said it's disturbing that the lives of Alberta labourers on the land appear to mean so little to the government.

"It's very dangerous work and farm workers are not being protected with the basic rights that other workers have here in Alberta," Eggen said.

"They're far behind the rest of Canadian farm workers and now suddenly (Premier Alison) Redford makes the page go dark on the statistics that we can use to track farm workers here in the province."

Liberal critic David Swann said there are an average of 30 farm deaths a year over the last 20 years.

"Despite the number of injuries and deaths among farm workers ... the government has undertaken no action to require improved health and safety conditions surrounding paid agriculture employees," he said in a release.

Hamilton Spectator, Mon, Aug 21 2012

The Canadian Press

The Alberta government has stopped reporting farm fatalities and labour groups are asking why.

"This year when we went to find out how many people had died, because we try to do that every year, and we found that the government of Alberta wouldn't report farm fatalities anymore," says Nancy Furlong with the Alberta Federation of Labour. "We don't even get to know publicly how many of them have lost their lives."

The Alberta Federation of Labour says the intent is to hide the lack of workplace protection for farms workers in the province.

"Something needs to happen because farm workers are not covered by occupational health and safety legislation, they are not covered by mandatory workers compensation coverage, they are not entitled to join unions," says Furlong. "So they are treated very badly in terms of their protection as workers."

The federation says Alberta is the only province where farm workers aren't covered by occupational health and safety rules.

Furlong says they have never received a satisfying explanation for why farm workers are not covered.

She says they understand it's hard to differentiate between child labour and family farms, but says that is no excuse.

"So there is a challenge there, but no one is rising to that challenge," Furlong says. "From our perspective it's better to say they are all covered and then make exceptions, rather than say they are all not covered."

DrumhellorOnLine, Tues Aug 21 2012

Byline: Sarah Copeland

EDMONTON – The Alberta Federation of Labour is criticizing the provincial government for no longer reporting farm fatalities.

The federation says the move is an example of how "agricultural workers are being erased in Alberta."

"This decision to stop reporting the number and nature of farm deaths helps to hide the real problem – Alberta's deplorable lack of workplace protection for farms workers in the province," spokeswoman Nancy Furlong said in a release Monday.

"It's particularly insulting to the families of those killed on the job to have to call on the government to continue to simply report these incidents."

The federation says the province is the only one in Canada where farm workers aren't covered by occupational health and safety laws. It says they are also excluded from legislation on hours of work and overtime, statutory holidays and vacation pay.

A judicial inquiry in 2008 into the death of worker Kevin Chandler in a farm accident near High River, Alta., recommended the inclusion of farm labourers in laws ensuring workplace protections.

"It is the government's duty to protect workers, but also to report their deaths and injuries. Death and injury prevention requires knowledge of the frequency and nature of the incidents," said Furlong.

The federation says the province announced its plans on a government website and offered no meaningful explanation for the change.

Alberta Agriculture said Monday it is reviewing how it publishes information about farm worker deaths and injuries with an eye to protecting the privacy of victims and their families.

Stuart Elson, a ministry spokesman, said updated statistics could be available later this week.

On the larger question of when or if the government will introduce workplace safety legislation to protect farms workers, Elson said at least two ministries are studying the issue.

"Education and awareness are best suited to the practical realities of farming," he said.

"We are continuing to work with the Ministry of Human Services to improve farm safety. That is all I can really say at this point."

The NDP's agriculture critic used a stop in Lethbridge, Alta., to blast the government for what he called inaction on workplace safety for farm workers.

David Eggen said it's disturbing that the lives of Alberta labourers on the land appear to mean so little to the government.

"It's very dangerous work and farm workers are not being protected with the basic rights that other workers have here in Alberta," Eggen said.

"They're far behind the rest of Canadian farm workers and now suddenly (Premier Alison) Redford makes the page go dark on the statistics that we can use to track farm workers here in the province."

Liberal critic David Swann said there are an average of 30 farm deaths a year over the last 20 years.

"Despite the number of injuries and deaths amongst farm workers ... the government has undertaken no action to require improved health and safety conditions surrounding paid agriculture employees," he said in a release.

Edmonton Journal, Monday Aug 20 2012

DMONTON - The Alberta Federation of Labour is chiding the provincial government for no longer reporting farm fatalities.

The union says the move is an example of how — quote — "agricultural workers are being erased in Alberta."

The union says the province is the only one where farm workers aren't covered by occupational health and safety laws.

It says they are also excluded from legislation on hours of work and overtime, statutory holidays and vacation pay.

A judicial inquiry in 2008 recommended the inclusion of farm workers in laws ensuring workplace protections.

The union says the province announced its plans on a government website and offered no meaningful explanation for the change.

Global Edmonton, Mon Aug 20 2012
The Canadian Press

Three former employees of the Mexican Consulate in Vancouver revealed before the British Columbia Labour Relations Board (in Canada) that they had received specific orders from Mexican public service employees of the Ministry of Foreign Affairs [in Latin American Spanish, la Secretaría de Relaciones Exteriores or the SRE] and of the Ministry of Labour and Social Planning [in Latin American Spanish, la Secretaría del Trabajo y Previsión Social or the STPS] to conduct an ''anti-union, rejection and blacklisting'' campaign on compatriots registered in the Seasonal Agricultural Workers Program (SAWP), who, during their stay in that country, had joined the United Food and Commercial Workers (UFCW) in order to demand that their labour rights be respected.

Before the British Columbia Labour Relations Board, where the charges brought against the Mexican government were publicly laid, ex-employees Diego Prieto, Javier Valdez and Félix Martínez made testimonies in relation to Ángel Villalobos, a consul general in Canada. Vice-consul and Ministry of Labour and Social Planning official Estela García León and agricultural worker protection expert Guadalupe Palacios would ask them to produce a ''list of farms where it has been suspected that there are workers who are in contact with UFCW'' in order to put them on a ''blacklist'', which would then be sent to the Ministry of Labour and Social Planning, so that they would not be accepted in the SAWP again or that they would be sent to farms where there was no union.

Furthermore, according to testimonies – of which La Jornada has obtained a copy – made last February by the former employees of the Consulate before the BCLRB, Mexican workers would be warned ''not to contact anyone'' from UFCW and to speak only to Consulate staff.

UFCW lodged a complaint against the Mexican government and the owners of several Canadian farms – where, every year, Mexican citizens registered in the SAWP work – on the ground of an ''alliance'' to prevent farm workers from defending their labour rights and for committing acts such as ''unfounded rejection and barring from SAWP''.

The Union alleges that ''Mexico wrongly interferes with Mexican workers who support the Union by denying them permission to return to Canada or, in other cases, by refusing to send a worker back to a unionized place of work''.

Irreparable harm

The Mexican government has already requested before the BCLRB that the hearings concerning case 61973/, which was opened after several workers at Sidhu Farms had complained, be ''temporarily suspended''.

''Mexico will suffer irremediable harm if the Sidhu Farms hearings keep on going their current course'', the Mexican government argued after requesting, before the Supreme Court of British Columbia, on February 28th, that the BCLRB be obligated ''not to admit any evidence as to what Mexico has done'' and be forced to ''suspend the hearings''. In stating its arguments, Mexico accused UFCW of ''seeking to violate its immunity and leading the BCLRB to meddle in a foreign state's sovereign actions in relation to its own citizens''.

Below are reproductions of parts of the long testimonies that were made before the Canadian labour authorities last February.

''Excuse me, Mr. Valdez, you were telling us about orders that you received from Mrs. García, Mrs. Palacios and Mr. Villalobos.''

''All of them warned me that I would have to be shrewd and that I was not allowed to speak to anyone who would come to me on the union's behalf. Villalobos would jokingly press me to tell the workers not to contact the support centres because they might stop signing up for the program and that, if they needed anything, they had to contact the Consulate. They would also tell me that if the employers were annoyed because the workers would go to the union, they would stop requesting their help and the consuls and I would lose our jobs. Those warnings were constant, especially from Guadalupe Palacios.''

At another hearing Prieto revealed that ''every time a worker got in contact with the union, there would be a report sent to the Ministry of Labour (...) nothing would get done without someone's letting Estela (García) know about it, as she was the person asked for instructions, and she would say, 'All right, we have to write a comment on the blacklist' ''. This blacklist had the words follow-up on the cases written on it.

Media Advisory
Migrant Farmworker Awareness Week,
March 26 - March 29, 2012
University Contact: Kerry Preibisch Community Contact:
Pablo Godoy
University of Guelph Students Against Migrant Exploitation
Phone: 519.830.0040 Phone: 416.420.6992
E-mail:[email protected] E-mail: [email protected]

ufcw.ca, Mon Mar 19 2012

Premier must fulfill her pledge to protect workers and close legal loopholes, says AFL

A transportation tragedy on the scale that killed 11 farm workers in Ontario last week is looming in Alberta unless the government acts now to prevent it, says the province's largest labour group.

"The lax laws governing how farm workers can be taken to and from worksites is a recipe for disaster," says Gil McGowan, president of the Alberta Federation of Labour (AFL), which represents 145,000 workers.

In Alberta, an exemption to the Alberta Traffic Safety Act/Rules of the Road Regulation allows farm workers to ride in the back up pickup trucks and larger trucks. "The government says it's wrong for all other Albertans to travel in this unsafe way, but says it's OK for farm workers. Why? Are their lives worth any less?"

Alberta also allows farm workers to travel in 15-passenger vans, dubbed "death traps on wheels" by some U.S. safety experts. These vans have been banned in Nova Scotia, banned by the U.S. government for transportation of children and banned by some school boards in Canada, while some Alberta school boards will no longer insure them.

"These vehicles aren't good enough for our children and they aren't good enough for our workers. It's time to take them off the road," says McGowan.

The AFL today calls on the Alberta government to:

• End the exemption for riding in the back of trucks;
• Ban the use of 15-passenger vans;
• Outlaw vans that have been modified below acceptable safety standards; and
• Give paid farm workers the same rights as all other Albertans, by including them under Employment Standards and Occupational Health and Safety rules.

"The exemptions from road rules is just another example of our government hanging on to outdated, dangerous attitudes that date back to the 19th century. Alberta's farms are industrial worksites like any you'll find in urban areas, involving the use of heavy machinery and heavy loads," says McGowan.

"During her campaign to become premier, Alison Redford promised tougher rules to protect farm workers, but, so far, it's a case of Promise Made, Promise Broken. Farm workers have the right to the same protections as all other Albertans. We expect the premier, as a human-rights lawyer, to recognize this and fulfill her pledge now."

This call for action coincides with a national day of action tomorrow (Friday) demanding justice for migrant farm workers, including those who died in Ontario.

• Backgrounder

See below photographs of a 15-passenger van being used to transport Alberta farm workers

AFL calls for change in laws governing farm workers before it's too late

EDMONTON - The Alberta government must act now before farm workers in this province suffer the kind of tragedy that has recently rocked Ontario, says the province's largest labour group.

"The conditions endured by farm workers on their journeys to and from worksites are a recipe for disaster," says Gil McGowan, president of the Alberta Federation of Labour, which represents 145,000 workers. "Let's learn the lesson from the tragedy in Ontario last week, when 11 farm workers died when the van transporting them crashed. Let's learn the lesson from B.C., where three farm workers died in 2007 when a van carrying 16 workers flipped. Let's not wait until people are killed on Alberta roads before doing the right thing," he says.

Tomorrow, the AFL will hold a media conference and will call on the Alberta government to end the exemption that allows farm workers to travel in the back on open pickup trucks. "We won't let anyone else travel in such a dangerous way – why are farm workers treated like second class citizens?" It will also call for tougher rules governing the types of vehicles used to transport workers.

This call for action coincides with a national day of action Friday demanding justice for migrant farm workers, including those who died in Hampstead, Ont.

A backgrounder on farm-worker transportation, including a photograph that illustrates the conditions facing farm workers, will be made available at the media conference.

TIME: 2:30 p.m., Thursday, Feb. 16
LOCATION: McDougall Room, 3rd floor,
Chateau Lacombe Crowne Plaza Hotel in downtown Edmonton
(10111 Bellamy Hill)

MEDIA CONTACT: Gil McGowan, AFL President, 780-218-9888

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For more information call:

Gil McGowan, President, Alberta Federation of Labour @ 780-218-9888 (cell)

Three years have passed, but Tories fail to act on judge's recommendation in farm-death inquiry

Today marks an unhappy anniversary for an important group of Alberta workers whose safety has been neglected by the Alberta government.

"Three years ago, after investigating the death of farm worker Kevan Chandler, Justice Peter Barley recommended that farm and ranch workers be included in Alberta legislation governing workplace health and safety," says Gil McGowan, president of the Alberta Federation of Labour (AFL), which represents 145,000 workers.

"Sadly, the government has chosen to ignore this recommendation, leaving agricultural workers to face the kinds of risks at work that no other Albertans are asked to face."

About 160 farm workers have died in Alberta in the last decade, but this remains the only province in Canada that maintains 19th century rules where these workers are excluded from occupational health and safety laws, as well as legislation governing hours of work and overtime, statutory holidays, vacation pay, the right to refuse unsafe work, being informed of work-related dangers and compensation if they are injured on the job.

"There is no credible reason to continue to exclude these workers. Today's farms are industrial worksites like any found in urban areas, involving heavy equipment and overhead power lines. The simple fact is that the rights of paid farm workers continue to be ignored because the government has chosen to bow to pressure from the industrial agribusiness lobby, rather than listen to an unbiased judge or the many voices of Albertans calling for change," says McGowan.

"The government's proposal for a farm-safety education campaign run by the industry instead of real action was a joke – and one in very poor taste," he says.

"During her campaign to become Premier, Alison Redford promised to extend rights to farm workers. With a new session of the Legislature set to begin soon, Albertans are waiting to see if this important change is made, or if are we on the cusp of another broken promise."

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For more information:

Gil McGowan, President, Alberta Federation of Labour (780) 218-9888