Employers have a duty to provide a safe working environment – but does that stretch to all industries?
A union representing thousands of sex workers across Canada is expected in court today, in order to challenge laws which they say have failed to protect workers in the industry. The Canadian Alliance for Sex Work Law Reform claims that the Protection of Communities and Exploited Persons Act (PCEPA) doesn’t protect sex workers and has caused human rights violation.
“Unlike other industries, the criminalization of sex work gives police the power to investigate sex workers’ workplaces, and the impact of their decision touch on all aspects of sex worker lives,” says added Elene Lam, founder of Butterfly Asian and Migrant Sex Worker Support Network. “Sex workers are less likely to get help when they need it and the vast majority of Butterfly participants who have been injured in the workplace have not reported the injuries or sought compensation.”
This is the first constitutional challenge made by these workers, arguing that the PCEPA not only violates their dignity, it also deprive them of the right to safe working conditions.
“We don’t want to be going to court again, it is a waste of precious community resources and time,” says Jenn Clamen, national coordinator of the Canadian Alliance for Sex Work Law Reform (CASWLR), in their media release. “This government can put an end to this by proposing a Bill for total decriminalization of sex work that would save lives and protect sex workers’ human rights.”
Workplace health and safety laws
The issue of what is and isn’t considered a healthy and safe working environment has gained momentum since the pandemic. In Ontario, employers are legally obliged to provide their employees with a safe environment – both physically and mentally. Pre-pandemic, employers only had to ensure that their offices remained hazard-free. Now, as hybrid models gain popularity, employers have to ensure their employees’ home offices are safe too.
More and more often, courts are ruling that accidents happening at home during working hours are, in fact, workplace incidents. This means that as employers, you could be liable. Earlier this year, a Quebec judge ruled that an accident outside of the office can be considered a ‘workplace’ injury, for which the worker should be compensated. The incident revolved around a teleworker who hurt themselves in their home office during COVID, leading to the judge to deem they’re eligible for compensation.
