Farming

[OHS General Regs., S. x] Follow these links
to related legislation.

Highlighted words reveal
definitions and supplementary
information when selected.

In Prince Edward Island, the provincial Occupational Health and Safety (OHS) Act and several regulations apply to all agricultural operations conducted on farmland. The term “agricultural operations” refers to a wide range of production activities or services provided by a bona fide farmer means:

These activities and services include:

  • Berry farming
  • Dairy farming
  • Egg farming
  • Poultry farming
  • Vegetable farming
  • Christmas tree culture
  • Orchards
  • Grain and oilseed production
  • Seed production
  • Sod or turf production
  • Wool, hide, feather, or fur production
  • Horse boarding or breeding
  • Raising crops or animals for human or animal consumption

Farming activities and services excluded from the regulations include:

  • Production of agricultural byproducts or manufactured derivatives from agricultural raw material
  • Breeding or raising of pets other than horses
  • Aquaculture

The farming sector, with its wide range of activities, is a uniquely high-risk industry. Farm workers are exposed to hazards prevalent in other industries, such as chemical exposure, confined spaces, and mental and physical strain. However, the agricultural environment also presents unique challenges and hazards that are typically not found in other industries. These hazards include handling animals, which can lead to injuries or zoonotic disease; exposure to biological hazards such as bacteria, viruses and fungi from animals, plants and soils; and operating rotating machinery like tractors, harvesters and balers which pose risks of entanglement, rollovers and being struck. These hazards and risks emphasize the critical need to comply with the OHS Act and required regulations.

While the farming sector is exempt from the “OHS General Regulations” under the Act, farm employers must comply with the Farm Safety Code of Practice. The Code of Practice provides best practice guidance developed by the Workers Compensation Board of PEI with input from various agricultural organizations. In addition, farm employers must follow specific regulations associated with the OHS Act. These regulations include:

Employer duties:

Employer must:

  • Take every reasonable precaution to protect the health and safety of people at the workplace. [OHS Act, S. 12 (1)(a)]
  • Provide and maintain machinery, equipment, and materials in a safe condition.
  • Provide adequate information, instruction, training, and necessary facilities for workers.
  • Make sure that workers receive adequate supervision.
  • Make sure that agricultural, construction, earthmoving, forestry, and industrial machines are equipped with protective structures that meet the CSA Standard B352.0-16, which includes Rollover Protective Structures (ROPS), Falling Object Protective Structures (FOPS), Operator Protective Structures (OPS), and Tip-Over Protective Structures (TOPS) for Mobile Machinery - General Canadian requirements. [OHS General Regs., S. 33.4]
  • Familiarize workers with the health and safety hazards associated with the farming tasks.
  • Familiarize workers with the correct use of all protective devices, equipment, and clothing.
  • Consult with workers on health and safety matters.
  • Establish a health and safety policy and program.
  • Establish a joint occupational health and safety committee if the workplace has 20 or more regularly employed workers or appoint a health and safety representative if the workplace has five to 19 regularly employed workers.
  • Post health and safety information in the workplace and report serious injuries.
  • Provide appropriate toilet and washing facilities.
  • Provide WHMIS education and training.
  • Implement safe work procedures.
  • Understand their duties.

Employers should conduct a hazard and risk assessment to identify and assess their specific workplace. Each hazard identified must be eliminated or controlled. Some hazards covered in the Farm Safety Code of Practice include:

Other hazards that must be considered are harassment, workplace violence, fall protection, and working with sharps such as shears, blades or power tools.

Worker duties

Workers (including independent contractors) must: [OHS Act, S. 16]

  • Correctly wear and use the required protective devices, equipment, and clothing.
  • Comply with the OHS Act and its regulations, including the Farming Safety Code of Practice.
  • Report any potential workplace hazards or dangers to a supervisor.

Bona fide

"Bona fide farmer" means:

(i) an individual who owns a farm and
(A) is actively engaged in farming, and
(B) earns at least 25 per cent of the individual’s gross annual income from farming,

(ii) a corporation who owns a farm and
(A) is registered in the province,
(B) is actively engaged in farming, and
(C) earns at least 25 per cent of the corporation’s gross annual income from farming, or

(iii) a partnership that owns a farm and
(A) is registered in the province,
(B) is actively engaged in farming, and
(C) earns at least 25 per cent of the partnership’s gross annual income from farming;
Regularly employed workers include those with recurring seasonal employment that exceeds 12 weeks.

General Regulations
EC180/87

Part 33 POWERED MOBILE EQUIPMENT

Section 33.4 Protective structures

33.4 The employer shall ensure that agricultural, construction, earthmoving, forestry, and industrial machines are equipped with protective structures that meet the CSA Standard B352.0-16 Rollover Protective Structures (ROPS), Falling Object Protective Structures (FOPS), Operator Protective Structures (OPS), and Tip-Over Protective Structures (TOPS) for Mobile Machinery - General Canadian requirements .

[EC2021-126, s. 29]

OCCUPATIONAL HEALTH AND SAFETY ACT
R.S.P.E.I. 1988, c. O-1.01

Section 12 Duties of employers

12. (1) An employer shall ensure

(a) that every reasonable precaution is taken to protect the occupational health and safety of persons at or near the workplace;

(b) that any item, device, material, equipment or machinery provided for the use of workers at a workplace is properly maintained, and is properly equipped with the safety features or devices, as recommended by the manufacturer or required by the regulations;

(c) that such information, instruction, training, supervision and facilities are provided as are necessary to ensure the occupational health and safety of the workers;

(d) that workers and supervisors are familiar with occupational health or safety hazards at the workplace;

(e) that workers are made familiar with the proper use of all safety features or devices, equipment and clothing required for their protection; and

(f) that the employer's undertaking is conducted so that workers are not exposed to occupational health or safety hazards as a result of the undertaking.

(2) An employer shall

(a) consult and cooperate with the joint occupational health and safety committee or the representative, as applicable;

(b) cooperate with any person performing a duty or exercising a power conferred by this Act or the regulations;

(c) provide such additional training of committee members as may be prescribed by the regulations;

(d) comply with this Act and the regulations and ensure that workers at the workplace comply with this Act and the regulations; and

(e) where an occupational health and safety policy or occupational health and safety program is required under this Act, establish the policy or program.

(3) An employer shall establish and implement as a policy, in accordance with the regulations, measures to prevent and investigate occurrences of harassment in the workplace.

[S.P.E.I. 2018, c. 45, s. 3]

Section 16 Duties of worker

16. (1) A worker, while at work, shall

(a) take every reasonable precaution to protect the worker's own occupational health and safety and that of other persons at or near the workplace;

(b) cooperate with the employer and with the other workers to protect the worker's own occupational health and safety and that of other persons at or near the workplace;

(c) wear or use such individual protective equipment as is required by this Act and the regulations;

(d) consult and cooperate with the committee or representative, if any;

(e) cooperate with any person performing a duty or exercising a power conferred by this Act or the regulations; and

(f) comply with this Act and the regulations and any policy or program established by an employer pursuant to this Act or the regulations.

(2) Where a worker believes that any item, device, material, equipment or machinery, condition or aspect of the workplace is or may be dangerous to the worker's occupational health or safety or that of other persons at or near the workplace, the worker

(a) shall immediately report it to a supervisor;

(b) shall, where the matter is not remedied to the worker's satisfaction, report it to the committee or the representative, if any; and

(c) may, where the matter is not remedied to the worker's satisfaction after the worker reports it in accordance with clauses (a) and (b), report it to an officer.

(3) Clause (2)(b) does not apply in respect of a complaint of harassment in the workplace.

[S.P.E.I. 2018, c. 45, s. 4]