Union sues Health Canada over alleged failure to protect agriculture workers

Migrant workers in Leamington allege that they are being asked to work with dangerous chemicals, CTV Windsor's Stefanie Masotti has the details.

A new lawsuit filed against Health Canada alleges the agency has unlawfully failed to protect agricultural workers from the harms of pesticides.

Complainant United Food and Commercial Workers Canada (UFCW) alleges Health Canada’s reported failure to enforce safety data sheets for pesticides leaves workers unable to protect themselves from hazardous materials.

On Sunday afternoon, the UFCW held workshops in Leamington to inform workers of the lawsuit. Due to the heavy presence of farming and greenhouse businesses, the region is known to have a higher population of migrant workers.

“Look, the fact of the matter is that what we’re calling on the government to do are obligations,” said Derek Johnstone, special assistant to the president of the UFCW.

Johnstone said the issue has plagued workers in Leamington for years and exists in the agriculture sector across Canada.

Through the safety data sheets, workers can better understand how to safely use pesticides and respond to any prolonged exposure and side effects.

Under the federal Pest Control Products Act, the sheets must be provided at workplaces.

“We are denying them something as basic, as fundamental as knowing what chemicals they’re handling,” Johnstone said.

One worker agreed to speak with CTV News on the basis of anonymity, out of fear using their name would result in disciplinary action by her employer.

Originally from Mexico, the farm worker in Leamington said there’s no trust with employers, and they worry that asking about the harms of pesticides will be seen as complaining.

She said the company does not provide any training or information on how to use pesticides.

“We desperately need this information because if we are exposed to it and we are poisoned, we don’t know what to do about it,” the worker said through a translator.

The worker added working in Canada is the best opportunity they have to support their family.

A request for comment was denied by Health Canada because the litigation is pending.

Sean O’Shea, a government relations and campaign specialist for Ecojustice, told CTV News the lawsuit is seeking a court ruling to ensure Health Canada fulfills its responsibility.

“They’re being exposed to dangerous pesticides that a lot of workers in other industries would be protected from, and that is not fair, it’s not legal,” O’Shea said.

O’Shea added they will now await the federal government’s response to determine their next steps.