Introduction

In the 2026 British Columbia labour market, employers utilizing temporary staffing must adhere to specific provincial mandates to mitigate legal and financial risks. Compliance is governed by the Workers Compensation Act, the Employment Standards Act, and the Temporary Foreign Worker Protection Act.

WorkSafeBC and Occupational Health and Safety

British Columbia operates under a joint-employer responsibility model for health and safety. While a staffing agency serves as the Employer of Record, the host employer is legally responsible for the worker's physical safety on-site. Employers must provide and document a site-specific safety orientation for every temporary worker before they begin their first shift, covering emergency procedures, first aid locations, and known hazards. On multi-employer worksites, the site owner is designated as the Prime Contractor by default and must coordinate safety efforts for all personnel unless a written agreement assigns this role to another party.

WHMIS and Chemical Safety Protocols

Compliance with the Workplace Hazardous Materials Information System (WHMIS) requires a two-tiered approach. Staffing agencies typically provide generic education on the Globally Harmonized System (GHS), but the host employer is mandated to provide site-specific training. This includes instruction on the precise hazardous products used at the facility, safe handling procedures, and spill response. Employers must ensure that all hazardous products are correctly labelled and that current Safety Data Sheets (SDS) are immediately and physically accessible to all workers at all times.

Personal Protective Equipment (PPE) Standards

The financial responsibility for PPE in British Columbia is clearly defined by WorkSafeBC. Employers are required to provide and pay for all task-specific safety equipment, such as respirators, fall protection harnesses, and specialized gloves. While workers are generally responsible for basic apparel, including weather protection and CSA-approved safety footwear, the host employer remains liable for inspecting all worker-supplied equipment to ensure it meets current safety standards. For specialized equipment like respirators, the employer must also document that a proper fit test has been conducted for the specific model used on-site.

Statutory Holiday and Compensation Liabilities

B.C. payroll compliance hinges on the average day's pay formula for statutory holidays. A temporary worker qualifies for holiday pay if they have been employed for at least 30 calendar days and have worked on at least 15 of the 30 days preceding the holiday. The payment is calculated by dividing total wages earned (including vacation pay, excluding overtime) in that 30-day period by the number of days worked. Employers should also maintain monthly WorkSafeBC clearance letters for their staffing partners to ensure they are not held liable for the agency’s

unpaid insurance premiums.

Temporary Foreign Worker Protection Act (TFWPA)

For organizations engaging temporary foreign workers, the Temporary Foreign Worker Protection Act mandates additional administrative rigor. Host employers must hold a valid provincial Certificate of Registration before hiring foreign nationals and are strictly prohibited from recovering any recruitment-related expenses from the worker's wages. Compliance also requires maintaining comprehensive records, including signed contracts and payroll data, within British Columbia for at least four years to satisfy potential provincial audits.

Best Practices for Temporary Worker Compliance in British Columbia

1. Verify Agency Licensing: Confirm your staffing partner holds a valid B.C. Employment Agency License and, if applicable, a Foreign Worker Recruiter License.
2. Request Monthly Clearance Letters: Obtain a WorkSafeBC Clearance Letter every month to ensure the agency is current on premiums, protecting you from transferred liability.
3. Standardize Safety Onboarding: Document a site-specific safety orientation for every worker before their first shift, including supervisor and worker signatures.
4. Provide Site-Specific WHMIS Training: Supplement generic WHMIS education with training on the specific chemicals and SDS locations within your facility.
5. Audit Statutory Holiday Pay: Verify that holiday billing follows the 15/30 rule, ensuring only workers who meet provincial eligibility are charged to your account.
6. Designate a Prime Contractor: Establish a written agreement to name a Prime Contractor for safety coordination on sites with multiple vendors.
7. Inspect All PPE: Ensure both worker-supplied and employer-provided gear meets CSA standards and that respirator fit tests are documented.
8. Register for TFWs: Maintain a valid B.C. Certificate of Registration if your workforce includes temporary foreign workers.
9. Maintain Records: Keep all contracts, safety logs, and attendance records on-site in B.C. for a minimum of four years for provincial audit readiness.

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