The Ontario Legislature approved Bill 18 last week, but without wording that would have made staffing firm client employers responsible for paying accident costs if a temporary worker suffered injuries. The removal came after the Association of Canadian Search, Employment and Staffing Services staked out a position against that piece of the legislation.
ACSESS argued the wording — known as Schedule 5 — would have a devastating impact on the Ontario workplace safety and insurance system and would create a financial burden on the Workplace Safety and Insurance System.
In addition, ACSESS argued Schedule 5 would bring “fault” to the workers’ comp system by making the client employer at fault; client employers are already legally liable for accidents to staffing agency employees; ACSESS is already taking a proactive role in health and safety compliance; and the amendment would not enhance protection for temporary workers.
“The issue of whether an employer or any workplace participant is ‘at fault’ and should be punished for a workplace accident is dealt with in prosecutions under the Occupational Health and Safety Act,” said Mary McIninch, ACSESS director of government relations. “Under the OHSA, both the staffing agency and the client employer are responsible legally for the safety of agency workers. This means that the Ministry of Labour can bring charges in court against both the agency and the client employer if a workplace accident or safety violation occurs.”
The bill, “The Stronger Workplaces for a Stronger Economy Act, 2014,” includes several other employment-related provisions. One makes increases accountability to users of staffing services for any wages unpaid by a staffing firm by introducing “joint and several liability” if temporary worker is not paid by a staffing firm.
“This would help make clients who use temporary help agency employees more accountable and assist employees in attempting to recover wages owed,” according to the government of Ontario.
Another component ties future increases to Ontario’s minimum wage to the consumer price index for Ontario.
