IHSA Safety Podcast2 Jan 2024

Worker Misclassification (Part 3 of the ESDC series)

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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