The United Food and Commercial Workers union (UFCW) and Ecojustice have joined forces in a lawsuit against Health Canada alleging that the agency has failed to enforce pesticide safety data sheet requirements under the federal Pest Control Products Act.
Shawn Haggery, National President of UFCW Canada, said Health Canada must enforce worker information requirements. A statement on the UFCW website highlighted that pesticide exposure is a huge issue for agricultural workers. Even in situations where workers are not using pesticides, the presence of these chemicals can provide a potential route of exposure.
UFCW shared a testimony on their website from an agricultural worker who is only identified as Francisco which revealed the harsh consequences of lacking safety information for workers.
“I don’t know how many times I have felt my skin burning, my head spinning, or my stomach turning until I throw up,” Francisco said. “But what can I do? This job in Canada is my only chance, my family back in Guatemala depends on me. Without it, my kids won’t go to school. The boss knows that and takes advantage of that.”
The union emphasized that while lacking safety information affects all agricultural workers, migrant workers are especially at risk. Ecojustice wrote on their website that 98 per cent of migrant agricultural workers who have contacted UFCW Canada Support Centres said they did not have workplace health and safety information until they received training through the union.
“For migrant workers, injury often means a one-way ticket home: there are countless cases of employers terminating and arranging for the deportation of ill or injured migrant workers, which has a chilling effect on complaints,” Ecojustice wrote.
Laura Bowman, one of the Ecojustice lawyers representing UFCW in this lawsuit, said migrant workers said lacking immigration protections make it harder for migrant workers to protect themselves.
“Canada has failed to implement key pesticide safety provisions for agricultural workers, who are often migrant workers,” Bowman said. “Health Canada must stop adding to this discriminatory and unequal situation by failing to implement worker information requirements for pesticides.”
In 2023, the UN special rapporteur on contemporary forms of slavery concluded that migrant workers in Canada are vulnerable to contemporary forms of slavery. Migrant workers in the agricultural sector are especially at risk given the dangers of the job. The International Labour Organization (ILO) reports that at least 170,000 agricultural workers worldwide lose their lives annually, with millions more suffering severe injuries or poisoning from agrochemicals.
Ecojustice further emphasized the importance of pesticide safety by pointing to their report which showed that the use of pesticides has dramatically increased in Canada, leaving more people at risk of exposure.
“Frontline agricultural workers are highly exposed to pesticides and other toxic chemicals at work,” said Bowman. “They should have access to the same safety information that is available to workers exposed to hazardous chemicals in other contexts.”
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