OHS, WCB and temporary employment agencies

A new article entitled “Legal protections governing the occupational safety and health and workers' compensation of temporary employment agency workers in Canada: reflections on regulatory effectiveness” identifies specific mechanisms by which the legislation succeeds or fails to protect temporary employment agency employees in Quebec and Ontario employees.

Temporary employment agencies are increasing in number and entail challenges for traditional employment law. The triangular relationship between the employment agency, the employer operating the job site and the worker make it difficult to adequate training, equipment and participation in job-site OHS.

Temporary workers injured are less likely to report accidents than “regular” employees and may receive inequitable wage-loss compensation. There are also complex interactions around return-to-work and experience rating. In this way, temporary employment agencies are a method by which employers can externalize organizational costs associated with injury

-- Bob Barnetson