WorkSafeBC's policy, legislation and responses to OHS and newcomer workers
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WorkSafeBC’s policy, legislation and responses
to OHS and newcomer workers
A presentation to the IWH "Research & Policy Knowledge Exchange
Forum on the Work & Health of New Immigrants"
Terrance J. Bogyo
Director Corporate Planning and Development
Vancouver - February 2009
WORKING TO MAKE A DIFFERENCE
What do you mean by ‘newcomer’ workers? Some terms and Concepts WORKING TO MAKE A DIFFERENCE
What are we talking about?
‘Workers’
Citizens & Permanent Residents
Refugees & ‘in process’ immigrants
Intend to leave Temporary Foreign Workers
Documented Undocumented
•‘Guest workers’ •Visitors who work without authorization
•Work visas •Authorized workers working outside
•Work under exemptions the scope of their authorization
•Seasonal Worker Programs •Those who were working with authority
but whose authority has expired
Documented may become
Undocumented workers
Intend to stay
(or are presumed to have that intention) Illegal immigrants
‘Newcomer’ Workers • There is no definition of a newcomer worker in law or policy • We know that any new worker to a workplace is at greater risk of injury • Newness to a workplace may be related to a long-time resident working at a new location or for a new job or a new employer • WorkSafeBC has specific initiatives for young workers and workers new to a worksite • Special classes of documented and undocumented workers have special needs • We address the broader categories in special ways • Young worker programs • Language line services • Multilingual web presence • I will now focus on ‘vulnerable workers’ rather than ‘newcomers’
A worker is worker, right?
WORKING TO MAKE A DIFFERENCE
The Rule …In Canada…
• A worker is a worker regardless of citizenship or residency status…
“The fact that an employment contract is illegal does not rescind the workers’
rights to Workers’ Compensation benefits. Nothing in the Workers’
Compensation Act in any province prohibits the receipt of compensation by
someone who is employed by an illegal work contract, such as a contract
employing an undocumented foreign workers.”
David P.S. Farrar, Q.C. , “Administering The Foreign Workers’ Right To Workers’ Compensation”, Presentation at AWCBC
Learning Symposium, Charlottetown, PEI, October 2007.
– In BC, ‘newcomer’ workers without legal status have the same legal rights as
those with legal statusDocumented and Undocumented Temporary
Foreign Workers are in or will be in the
workforce…why is this a Workers’ Comp issue?
Growing Numbers of Vulnerable Workers
WORKING TO MAKE A DIFFERENCEBackground • Canada is increasingly relying on temporary foreign workers • Research from the US would indicate that the injury rate for these temporary foreign workers should be at least as high and likely higher where there are language differences among workers • Research from the US also indicates temporary legal and undocumented workers have a propensity to not report work-related injuries • Research in Canada suggests work-related injuries are generally under-reported with suggestions that barriers such as language and culture may play a role in this.
How many workers are we
talking about?
•Two countries, two different approaches.
•First the US
WORKING TO MAKE A DIFFERENCEFirst, “Flow” and “Stock” Concepts
Dec. 1
In J F M A M J J A S O N D Out
Flow = 5
Stock = 6Canada – Stock by Country of Origin
Stock of Male & Female Foreign Workers - Canada 2006
Top 10 Countries of Origin
Female Male
30,000
25,000
20,000
15,000
10,000
5,000
0
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Source: Fact Book, 2006, Statistics CanadaCanada – Flow of Foreign Workers by Country
Annual Flow of Foreign Workers - Canada, 2006
Male Female
18,000
16,000
14,000
12,000
10,000
8,000
6,000
4,000
2,000
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Source: Fact Book, 2006, Statistics CanadaStock of Temporary Foreign Workers on Dec. 1
180000
160000
140000
120000
100000
Total All Prov's
80000
60000
40000
20000
0
1997 1998 1999 2000 2001 2002 2003 2004 2005 2006Stock of Temporary Residents –
Canada, 1992 & 2006
1992 2006
With work permit 88,505 166,239
Refugee Claimants with work permit 36,324 43,640
Total 124,829 209,879
Source: Fact Book, 2006, Statistics CanadaCanada – Growth in Stock - Ontario
Stock of Temporary Foreign Workers on Dec. 1
80000
70000
60000
50000
40000 ON
30000
20000
10000
0
1997 1998 1999 2000 2001 2002 2003 2004 2005 2006Stock of Temporary Foreign Workers on Dec. 1
40000
35000
30000
25000
20000 BC
15000
10000
5000
0
1997 1998 1999 2000 2001 2002 2003 2004 2005 2006A growing challenge, but what sort of
issue will this create for my jurisdiction?
•WorkSafeBC’s Case
WORKING TO MAKE A DIFFERENCEIssue • The number of temporary foreign workers in Canada and BC is increasing • Most of these workers are covered in BC by WorkSafeBC • Barriers in language and culture may limit their access to the protections and benefits of the legislation Questions: • Are temporary foreign workers being injured at a rate higher, lower, or the same as permanent resident/citizen workers? • If there is a difference, what accounts for any difference?
WorkSafeBC Data Analysis • Since “a worker is a worker”, we have no need or authority to collect data on immigration status BUT • Because we pay wage-loss and permanent disability benefits we must collect Social Insurance Numbers to issue tax forms T5007 • Every temporary foreign workers MUST be issued with Social Insurance Number (SIN) to work legally in Canada. • Every SIN issued to a temporary foreign worker begins with the digit 9 and is valid for two years. • Therefore • By extracting all T5007s issued to holders of a SIN that begins with a 9 we can reflect a payment for either wage loss or permanent disability to temporary foreign workers. • The first year in which a T5007 is issued will likely be a year in which an temporary foreign work was injured.
Quick Method
• T5007s issued will be a rough proxy for injuries to
temporary foreign workers
But the count will overstate the number of injuries as the dataset does
not differentiate between short and long term disability and will
include injuries to refugee claimants and students who have been
given permission to work.
Denominators are hard to find but since SINS are issued to match the
time a worker is allowed to work in Canada and Services Canada
knows the province they will be working in, we can get a rough
denominator by looking at the number of new SINs issued for BC
But this may understate or overstate the denominator since a SIN may
be valid for greater than a year and may be issued to a student or
refugee claimant.
Hypothesis: Injury rates to temporary workers should be no more or
less than for all other workers.Results for Injured Temporary Foreign Workers vs SINs Issued
Temporary Foreign Workers - SIN's Issued, Claims
BC SIN Claimant
22,000 450
20,000
400
No. of Foreign Worker Claims
18,000
SIN's Issued
350
16,000
300
14,000
250
12,000
10,000 200
2000 2001 2002 2003 2004 2005 2006
YearAre Foreign Temporary Workers getting hurt?
•Based on a data extract using Social Insurance Numbers beginning with the digit 9 (indicating the holder is
not a permanent resident or citizen of Canada), all wageloss claims paid in 2005 through the first quarter of
2008 were extracted from the data warehouse. With the exception of a few who will be refugee claimants and
issued the 9 SIN, the following summarizes what we know:
•Number of accepted wageloss claims first paid Jan 1, 2005 to March 31, 2008:
1134
•Gender breakdown:
75% Male
25% Female ( compared to 31% of all wageloss claims were from females in 2007)
•Average age:
33 (compared to 39 for 2007) with a standard deviation of 10, minimum of 17 maximum
65
•Number by year (note 2008 data not included as it is a partial year; not also the
2007 data may not be fully developed yet):
•2005 263
•2006 388
•2007 447Injuries to workers with 9 series SINs
•Top five injury types: •What do these results suggest?
491 Sprains, strains, tears
144 Fractures Injuries are similar to other workers
125 Cuts, lacerations
121 Bruises, contusions
Employers that are large (and likely
26 Intracranial injuries
with good health and safety systems)
appear to have large clusters. This is
•Top 10 employers [I removed the names]:
166 [a resort company] likely an artifact of good reporting.
15 [a large green house operation]
12 [large German construction company] What are missing are field crop
12 [a Whistler holding company]
agricultural firms.
9 [an interior ski resort]
8 [a construction company]
7 [a numbered construction company]
7 [a numbered construction company]
6 [a services company]
6 [a health authority]Top 25 Occupations: • 122 Athletes, Coaches, Referees and Related Occupations • 107 Trades Helpers and Labourers • 75 Carpenters and Cabinetmakers • 58 Cleaners • 55 Other Attendants in Travel, Accommodation and Recreation • 54 Agriculture and Horticulture Workers • 43 Labourers in Processing, Manufacturing and Utilities • 43 Longshore Workers and Material Handlers • 42 Food Counter Attendants and Kitchen Helpers • 35 Chefs and Cooks • 31 Motor Vehicle and Transit Drivers • 31 Other Construction Trades • 30 Retail Salespersons and Sales Clerks • 26 Masonry and Plastering Trades • 26 Metal Forming, Shaping and Erecting Occupations • 25 Occupations in Food and Beverage Service • 19 Childcare and Home Support Workers • 19 Machinery and Transportation Equipment Mechanics (except Motor Vehicles) • 17 Electrical Trades and Telecommunications Occupations • 17 Primary Production Labourers • 16 Machining, Metalworking, Woodworking and Related Machine Operators • 16 Nurse Supervisors and Registered Nurses • 14 Other Sales and Related Occupations • 12 Paralegals, Social Services Workers and Occupations in Education and Religion, n.e.c. • 12 Tour and Recreational Guides and Amusement Occupations
That’s a lot of injuries but
what does it tell us?
Documented Temporary Foreign Workers
a) Are not getting hurt at the same rate as others
b) Are getting hurt at the same rate or higher but we are not getting the reports
c) There is some other explanation.
WORKING TO MAKE A DIFFERENCEQuick Results
• The average injury rate in BC is about 3 per 100 person years of
employment.
• Based on this Quick Analysis, temporary foreign workers have an
injury rate of 2 per 100
• We do not know if these workers are distributed proportionally to all
sectors in the economy.
If they are, then the injury we are estimating is too low.
If they work predominantly in higher risk sectors, then the observed rate is likely
much lower than what might be expected
• But!
Not all workers in all industries are ‘vulnerable’
Many work for firms with great health and safety systems
Injuries here are likely to be reported and workers to get benefits …‘Vulnerable’? WORKING TO MAKE A DIFFERENCE
What do I mean by Vulnerable? • A foreign temporary worker is vulnerable if that worker is at greater risk than an equivalent citizen or permanent resident worker. • Risk applies to Risk of getting injured or exposed Risk of not having injuries reported Risk of not getting compensated for work-related injuries Risk of not getting the medical attention needed
My Current Thinking
• Foreign temporary workers are likely distributed along a continuum
of vulnerability:
Vulnerability
Least Most
Documented Ù Undocumented
Working for larger firms Ù Working for small firms or individuals
Skilled Ù Unskilled or Semi-skilled
Coming from countries Ù Lacking familiarity with social systems
with similar social systems like workers’ compensation
Speak English Ù Don’t Speak English
More educated Ù Limited education Undocumented
Ski Instructor Relatively well off Ù Poor
Independent Ù Dependent day labourer
Medical Doctor
Electrician Construction Domestic/Nanny
Executive worker SAWP
worker
Meat cutter dancerHow can you test this
thinking?
WORKING TO MAKE A DIFFERENCEHow to test this thinking? Part 1
• To confirm the least vulnerable group:
– Select a firm or firms that has good safety and health systems, great record
keeping, and one that hires a lot of temporary foreign workers from countries
with similar social systems.
– Count the number of hours worked by all foreign temporary workers and
those worked by citizens and permanent residents doing the same jobs.
– Identify time-loss injuries of foreign temporary workers and those of citizens
and permanent residents
– Calculate and compare the injury rates
• What do I expect to find?
– I expect to find no statistical difference between the injury rates in the two
populations.
• This is necessary to confirm that this group is no more vulnerable
than the comparison group.Preliminary Results
• A large ski resort company employs Canadians and Foreign
temporary workers in exactly the same jobs.
• We looked at the injuries reported in proportion to status and found
the following:
Indications are that foreign temporary workers
for the ski resort have essentially the same
time-loss injury pattern as Canadian workers.How to test this thinking? Part 2
• To confirm the most vulnerable group:
– Is likely impossible
– We may be able to identify the most severely injured or killed but have no way of
identifying the full number working and therefore at greater risk than their citizen and
permanent resident counterparts
• To confirm a more vulnerable group:
– We do have a reasonable proxy in Agriculture
– Under the Mexican Seasonal Agricultural Worker Program (SAWP) we know the firms,
and the number of workers
– We also know the overall and historical injury rate within the industry
– We can therefore compare the injury rates of foreign temporary workers to those of
citizens and permanent residents.
• What would you expect to find?
– SAWP, if experiencing the same injury rates as others .
• This is necessary to confirm that this group is no more vulnerable than the
comparison group.Seasonal Agricultural Worker Program Analysis WorkSafeBC fought to have the WorkSafeBC employer’s registration number included on every SAWP contract… and we were successful. We have appointed one Manager to liaise with Mexican Consulate and one office to track the injuries so we have injury data (numerators) and numbers of workers (denominators) for the SAWP and the industry in general. Both workers and employers know that we have jurisdiction. Hypothesis: The injury rate for SAWP workers is the same as for other workers in this sector (3.6 per 100 FTEs)
Mexican Seasonal Agricultural Workers Program (SAWP)
Mexican SAWP workers and employers in the province for
• 2006:
1,240 workers and 132 employers
• 2007:
2,105 workers were received
• 2008:
2,600 predicted
• Average length of stay of the workers?
6 months.
Enter in or after March and leave before December 1 so these
are typically included in Flow and not Stock statisticsResults of Analysis • Out of the 38 adjudicated in 2007: • 1 was Rejected • 2 were Disallowed • 12 were Health Care Only • 23 were Accepted Time Loss claims. • The 23 Time Loss claims totaled 239 days with total wage loss at $14,628.89 • So, 2105 entrants at 6 months is 1052.5 FTEs • Injury rate of 2.2 per 100 FTEs • Agricultural workers/labourers have an injury rate of about 3.6 so we could expect to see 30-40 time loss claims from this population.
Conclusion
• The apparent injury rate of temporary foreign workers is
not the same as all other workers
– Its about a third lower than for all workers.
• The apparent injury rate of SAWP workers is not the
same as all other workers in that sector
– Its about a third lower than for all agricultural workers.
• It is likely that injuries to legal temporary foreign workers
are reported at least one third less than for permanent
resident and citizens.
• Possible reasons: If the reason is other than a)
we have a moral obligation
a) They work safer
b) Lack of knowledge of rights
to do something.
c) Injured temporary foreign workers leave the country for treatment
d) Work-related Injuries are under reported or suppressedSo, what are we doing about
this?
•One example from BC
WORKING TO MAKE A DIFFERENCEBC
• Focusing resources on ‘vulnerable workers’ including:
Youth
Legal Permanent Residents who may be isolated by culture and
language
Temporary Foreign workers who may not have the cultural, language,
social context to be fully informed of and confident to use their rights
or obtain their entitlements
Outreach to the community that will support illegal workers
• Expanded focus on temporary foreign workers in
designated programs (including inspections)
• Improving communications to workers, worker groups
and their support network in their own languagesMaking Information More Available
• Call centre will now accept all
languages with real-time
interpretation in 170 languages
All workers in British Columbia are protected under the
Workers Compensation Act, whether they are Canadian
citizens or not and regardless of their legal status. If you
employ a temporary foreign worker, his or her wages
must be included in your payroll declaration. If a
temporary foreign worker is injured on the job, you must
report that injury to WorkSafeBC within three days. You
cannot take away the worker’s rights or benefitsTeleClaim Language Line Usage Top Languages Accessed
in 2008 and usage in December 2008
Language (December 08)
Mandarin (11) Korean (1)
Punjabi (18) Tagalog (1)
Spanish (19) Russian
Cantonese (12) Arabic
Vietnamese (6) Serbian (1)
Farsi (5) German
French (1) Japanese
Nepali
Average connect times: 24 -94 seconds
Average length of call: 30 minutesWhere does this lead us?
WORKING TO MAKE A DIFFERENCEPredictions, Implications, and Issues • The number of documented and undocumented Temporary Foreign Workers (and illegal immigrant workers) will continue to increase in the workforce. Many will be vulnerable. Some will be seriously injured…some will die. • Issues on how to pay, who to pay, ensuring the right person gets paid, how much to pay will arise… with greater frequency and profile. • Workers’ compensation systems have a moral obligation to protect the most vulnerable workers Even if their statute is not explicit about their coverage Even if their statute explicitly excludes coverage
WorkSafeBC’s policy, legislation and responses
to OHS and newcomer workers
A presentation to the IWH "Research & Policy Knowledge Exchange
Forum on the Work & Health of New Immigrants"
Terrance J. Bogyo
Director Corporate Planning and Development
Vancouver - February 2009
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