The IHSA Safety Podcast is a free podcast from the Infrastructure Health and Safety Association that seeks to improve the lives of workers in Ontario; one thought-provoking discussion at a time.
<p>We engage with professionals and industry influencers to help them implement and improve health and safety solutions for workers and the workplace. Each episode explores best practices, resources, and training to control and eliminate safety hazards in work environments involving high-risk activities in the industries that IHSA serves: construction, transportation, and electric utilities
Worker misclassification can have ramifications for all parties involved. When a worker is misclassified, it prevents them from receiving the full benefits and protections they are entitled to under the Canada Labour Code. This episode of the IHSA Safety Podcast (the final in a three-part series) discusses worker misclassification in transportation and features Liz Tavares, Occupational Health and Safety Officer, Employment and Social Development Canada (ESDC)—Labour Program/Government of Canada, and Michelle Roberts, Vice President, Stakeholder and Public Relations at IHSA.
Worker misclassification, as explained by Liz, is the improper designation of an employee and occurs when an employer intentionally treats a worker who meets the criteria to be an employee as someone other than an employee. As a result, the worker or driver is not afforded the same rights and protections as other employees in the industry.
Liz and Michelle further highlight the risks associated with misclassification for both workers and employers, as well as the steps by which misclassification can be addressed. The first is through guidance and counselling, followed by other compliance measures such as Assurance of Voluntary Compliance (AVC), Compliance Order, and more.
Free Resources
Reporting requirements for federally regulated firms
Legislative Requirements and Best Practices
Transportation: Links & Resources
What supervisors need to know
Misclassification in the Trucking Industry - Government of Canada
ESDC Tool Kit: https://www.canada.ca/en/employment-social-development/corporate/portfolio/labour/programs/labour-standards/reports/misclassification-trucking.html
ESDC Video: Misclassification Know your Rights: https://youtu.be/HdQdNTcvvVA?si=rDDM4ZCWlt1zYHmh
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