Farm worker's fatal incident involving a truck on the job confirmed as work-related accident
In a landmark decision, the Quebec Court of Appeal has ruled that the death of Ottoniel Lares Batzibal, a seasonal agricultural worker from Guatemala, was a work-related accident. The ruling marks a significant victory for the rights of temporary foreign workers in Quebec's agricultural sector.
Ottoniel Lares Batzibal had been working for Les Cultures Fortin as a seasonal agricultural worker for several years. One day, while driving his employer's van to take his colleagues to a soccer game, the vehicle had a flat tire. In an attempt to change the tire using a broken jack found in the farm garage, Ottoniel suffered a fatal accident.
Initially, the Administrative Labor Tribunal (TAT) refused compensation, concluding that the accident did not occur "in the course of work." However, the Court of Appeal determined that there is a sufficient link between the accident and Ottoniel's work. The vehicle he was attempting to repair was used to perform his tasks, and he was using a defective tool belonging to the employer.
The majority of the Court of Appeal overturned the TAT's decision, stating that the Act respecting industrial accidents and occupational diseases requires a "broad and liberal" interpretation to compensate workers who are victims of occupational injuries.
The death of Ottoniel Lares Batzibal was a tragic reminder of the risks that temporary foreign workers in Quebec's agricultural sector often face. These workers, like Ottoniel, often have more responsibilities but these come with risks that are not necessarily recognized.
M. Tessier, from the RATTMAQ (Regroupement des travailleurs temporaires du Québec), an organization that advocates for the rights of temporary foreign workers in Quebec, commented that the situation is common in Quebec's farms, where some agricultural employees, like Ottoniel, are designated as drivers despite not having a valid driver's license.
The RATTMAQ had to take action to advance the cause of temporary foreign workers, as many seasonal agricultural workers find themselves in similar situations. The organization believes that the sacrifices made by workers from elsewhere, who come to work on farms, should be recognized, especially when their lives end due to work-related accidents.
The family of Ottoniel Lares Batzibal will receive compensation from the CNESST (Commission des normes, de l'équité, de la santé et de la sécurité du travail) following his death. This decision underscores the importance of workplace safety and the rights of temporary foreign workers in Quebec's agricultural sector.
Under Quebec's labor laws and workplace safety insurance system, foreign agricultural workers have the same workplace rights and responsibilities as all other workers. They are covered by the Loi sur les normes du travail, meaning they must be protected if injured at work, and their employers must comply with occupational health and safety standards. Employers must maintain workplace safety insurance coverage that protects workers from work-related injuries or illnesses.
In case of a workplace accident, foreign agricultural workers in Quebec should report the accident immediately to their employer, who must then report the incident to the CNESST for compensation and workplace safety follow-up. Workers are entitled to benefits such as medical care and compensation for lost wages through CNESST. They have the right to a safe workplace and to participate in any necessary investigations or prevention measures.
Employers have corresponding legal responsibilities to provide insurance, fair pay, and safe working conditions. They must register foreign agricultural workers properly and comply with the specific reporting required for temporary foreign workers. Employers are required to pay all wages, including for overtime, and meet minimum wage requirements. Important responsibilities for foreign agricultural workers include following workplace health and safety rules to minimize risk and cooperating with employers and CNESST investigations if a workplace accident occurs.
This ruling serves as a reminder that foreign agricultural workers in Quebec are entitled to the same protections as all other workers. The RATTMAQ continues to work to address the issues faced by temporary foreign workers in Quebec's agricultural sector, ensuring that their rights are recognized and protected.
- The ruling related to Ottoniel Lares Batzibal's work-related accident has significant implications for temporary foreign workers in Quebec's health-and-wellness sector, particularly in terms of mental-health and workplace-wellness.
- The General News of Ottoniel's accident has sparked discussions about the use of untrained drivers in the agricultural sector, raising concerns about potential car-accidents and the overall safety of these workers.
- This decision reinforces the importance of science and culture in shaping policies that prioritize health-and-wellness, especially in sectors like agriculture where accidents can be prevalent.
- The death of Ottoniel Lares Batzibal serves as a stark example of the need for comprehensive safety measures and adherence to labor laws in all sectors, including science, culture, and general-news sectors, to protect the well-being of all workers.
