Preparing for Compliance Team Visits Fact Sheet

Prepared in partnership between the Employment Standards Branch, and BC Agriculture Council and its member organizations

• Printable pdf format [pdf 323Kb]

What are Compliance Team Visits?

The Employment Standards Branch Compliance Team is a group of representatives from the British Columbia Ministry of Labour and Citizens' Services. The team visits farms to ensure employers, employees and Farm Labour Contractors are following employment standards.

Under the Employment Standards Act, the team has the authority to enter and inspect any place where work has been done or is being performed by employees. Visits are unannounced in order to directly observe normal business operations.

When the team first arrives at a farm, they will always attempt to contact the farm owner or manager to explain the purpose of the visit and, out of courtesy, request permission to enter the work site in order to interview employees. Team members will identify themselves and present official credentials.

Once in the field, the team will conduct brief interviews with employees, taking about one to two minutes per interview. The total time spent at the farm during a site visit is generally no more than 30 minutes.

While members of the team are interviewing employees, one member from the team will attempt to contact the farm labour contractors and their drivers to ensure that contractors are licensed and following the requirements of their license.

A team member will ask the farm owner or manager to produce certain records. Information from an employer’s records will not be revealed to unauthorized persons.

What are the rights and obligations of farm owners and managers?

Under the Employment Standards Act, farm owners and managers are required to:

• Allow Compliance Team members to enter work sites.
• Provide records and information necessary to ensure compliance with Employment Standards legislation.

1. Farm owner/producer
   1. Name and telephone number of the farm.
   2. Name of farm labour contractors on site.
   3. Rate being paid to the farm labour contractor.
   4. Rate being paid to workers employed directly by the farm owner/producer.
   5. Records being kept for the work done by the farm labour contractor, e.g. Is there a record of how many workers the farm labour contractor brings each day and how many hours they work?
   6. Confirmation that the farm owner/producer has reviewed the farm labour contractor’s license.
   7. Number and ages of children under age 15 on site.
   8. Blank copies of the picking cards being used by workers.

       

2. Farm Labour Contractor
   1. Number of employees on site.
   2. Review of daily log.
   3. Number and ages of children under age 15 on site.
   4. Wage rate being paid.
   5. Vehicle registrations.

3. Workers
1. Name, address, phone number.
2. First day worked.
3. Picking card number (workers are usually identified by a number on the cards rather than by names).
4. Wage rate.
5. How often wages are paid.
6. Confirmation of payment by direct deposit if employed by an FLC.
7. Confirmation of vacation pay if paid hourly rate.

Workers will also be given a factsheet explaining their rights and responsibilities under the Employment Standards Act and Regulation.

Where to get more information

For more information, please contact the Employment Standards Branch Agricultural Liaison Officer:

Phone: 604 586-4241
Email: SDL.AGLIAISON@gov.bc.ca

Or visit these Web sites:

• Employment Standards Branch
• Employment Standards Branch: Information for Agricultural Workers and Employers:* *
  • This Web site also has links to:
    • Licensed Farm Labour Contractors in British Columbia.
    • A Guide to the Employment Standards Act.
    • Employment Standards Branch Factsheets.
    • Interpretation Guidelines Manual, British Columbia Employment Standards Act and Regulations.

Where to get signs and documents

Piece rate or wage rate signs and a standard parental consent form for young workers under 15 are available from:

• Fraser Valley Strawberry Growers’ Association
  Fraser Valley Cole Crop Growers’ Association
  
  Central Agriculture Facility
  31260 South Fraser Way, Abbotsford, BC.
  Phone: 604 864-0565

• BC Raspberry Growers’ Association
  Central Agriculture Facility
  31260 South Fraser Way, Abbotsford, BC.
  Phone: 604 854-8010

• BC Blueberry Council
  Phone: 604 864-2117

Farm Labour Contractor Licenses and child worker permits for employees under age 12 are available from the Employment Standards Branch. Call the Agricultural Liaison Officer or visit the Web site listed above. A permit and a parental consent form are needed for young employees under age 12.

• Farm labour contractor’s (FLC) license is posted at work sites and on vehicles used to transport employees.
• Wage or piece-rate signs are posted at work sites and on FLC’s vehicles.
  (see Where to Get Signs)
• Records are in English and are readily available of the following items:
  Tip: use a binder with pockets, or a sturdy envelope to keep these items handy at each work site.
  • Number of workers at the site.
  • Photocopy of farm labour contractor’s license.
  • Blank picking card.
  • Picking records.
  • Parental consent forms or letters at each work site for all young workers under age 15, including your own children.
  • Permits at each work site for all young employees under age 12, including your own children. (These are available from the Employment Standards Branch Web site or office, or see Where to Get signs)
  • Proof of age of young workers (photocopy of birth certificate or school ID).
• FLC’s ‘daily log’ is in English at each work site with workers’ records.

• Manager and supervisors trained for Compliance Team visits.
• Workers informed about Compliance Team visits.
• FLC informed about Compliance Team visits.
• Dogs under control.

• Farm labour contractor’s (FLC) license (available from the Employment Standards Branch website or office, see page 2) is posted at work sites and on vehicles.
• Wage/piece-rate signs (see page 2 for where to get signs) are posted at work sites and on vehicles used to transport employees.
• Daily log is in English at each work site with workers’ records, including:
  • The name of each worker.
  • The name of the employer and work site location to which workers are supplied and the names of the workers who work on that work site on that day.
  • The dates worked by each worker.
  • The fruit, vegetable, berry or flower crop picked on each day by each worker, or other work performed.
  • The volume or weight picked on each day by each worker.
• Parental consent forms or letters at each work site for all young workers under age 15, including your own children.
• Permits at each work site for all young employees under age 12, including your own children. (Available from the Employment Standards Branch website or office, see Where to Get Signs)
• Proof of age of young workers (photocopy of birth certificate or school ID).

Tip: use a binder with pockets or a sturdy envelope to keep these items handy at each work site

To help make Compliance Team visits faster and easier:

• Supervisors are trained for Compliance Team visits.
• Workers are informed about Compliance Team visits.