Beyond the Minimum:
Farm, Farm Member & Contractor Found Liable
Following Serious Injury
This summary is based on an incident that occurred in 2015 on a farm in Saskatchewan, and a judgment was only made this year. This case has been reported online; however, the information presented here comes from the publicly available court document.
Like most incidents, many factors contributed to what happened. Not all of the details can be covered in a short article. The purpose of this article is not to assign blame. Instead, it highlights key lessons and helps prevent a similar incident on your farm.
You can read the full court decision here: 2026 SKKB 93 King’s Bench for Saskatchewan
What Happened
A contractor arrived late one night with a load of hay bales, several hours after the scheduled delivery time. The farm member told the contractor to return the next morning when there would be daylight. However, the contractor explained why he needed to unload the hay that night. Being empathetic to the contractor’s situation, the farm member agreed to unload the hay.
Before unloading began, and again during the early stages of the work, both the farm member and the supervisor raised concerns about a hazardous condition and an unsafe act. They brought these concerns to the contractor’s attention. However, work was not stopped, and the hazards were not reasonably corrected or controlled by the contractor.
The parties involved had different accounts of whether any hay bales had been unloaded before the incident occurred. The farm member was using a telehandler to unload a bale, even though he could not see the contractor at that point. The contractor was on the opposite side of the trailer removing the remaining tie-down straps when a hay bale fell from the load and crushed the contractor.
Claims Made
The contractor claimed the farm member started unloading hay bales before it was safe to do so and handled the work carelessly. According to the contractor, this caused a hay bale to fall from the trailer and strike him.
The contractor claimed that his injuries prevented him from continuing to work as a truck driver. He sought compensation for his injuries, medical and travel expenses and lost earning ability.
The farm denied responsibility for the incident. The farm argued that the contractor’s actions, described in the court document (e.g., parked on an uneven spot, unevenly deflated air bags, etc.), caused or contributed to the incident and that the contractor’s own negligence led to his injuries.
Court Findings
The farm member was found to be primarily responsible for the incident because he continued operating the telehandler even though he could not see the contractor.
The farm was found vicariously liable for the farm member’s negligence because he was performing work assigned by the farm at the time of the incident.
The farm was also found negligent because the telehandler was equipped with a forklift attachment instead of a bale spear, which the court found was more suitable for the job. In addition, the supervisor was found to be talking on the phone in his truck rather than supervising the work when the incident occurred.
The court also found the contractor partially responsible for the incident. The court found that he was an inexperienced truck operator and identified other actions that contributed to the incident.
As this case highlights, it is critical that farmers understand that they and their farm team members have responsibilities when bringing contractors onto the farm. When they fail to take reasonable measures to protect the health and safety of others, including contractors, they may be held responsible.
The Hidden Risks of Bringing
Contractors onto the Farm
When farms bring on contractors, they tend to focus on timelines, cost and animal safety, but often overlook human safety.
Some factors that result in decreased safety on farms when contractors are hired include:
Poor training and monitoring of the people brought on the farm to perform work.
Poor communication systems and methods of sharing information between the farm and the contractor or service provider.
Independent contractors and sub-contracted workers may not be properly trained or fully qualified to do the work.
Unclear work responsibilities among contractors, sub-contractors, the farm and the farm’s own workers can increase the risk of an incident or injury.
Different languages can make it challenging to communicate safety and health information to everyone.
Poor contractor safety standards and a lack of enforcement can increase the risk of an incident.
Poor job planning and weak hazard assessments (e.g., generic templates that are downloaded and printed with no changes, outdated hazard assessments, etc.) increase the risk of an incident.
What You Can Do
AgSafe Alberta is excited to release its long-anticipated Managing Contractors on Alberta Farms: A Practical Guide. Download your free copy today or visit us at one of the many conferences and trade shows we’ll be attending throughout the fall and winter season to get a hard copy while quantities last!
Looking for practical tools to help you get started? Visit the Contractor Management section of the Resources page at agsafeab.ca to access free resources, customizable templates and other tools designed to help you build and strengthen your farm’s contractor management program.
We also encourage you to take a few minutes to complete our free Contractor Management Gut Check. This short online self-assessment will test your understanding of contractor management concepts and practices. Each attempt takes only a few minutes and features a different set of questions, allowing you to challenge yourself more than once.
Check Out Our NEW Contractor Management Resources!
Hiring contractors brings responsibilities, but you don’t have to figure it out alone. Visit the Contractor Management section of the Resources page at agsafeab.ca for free templates, tools and guidance to help you plan the work, communicate expectations and support safe contractor work on your farm.
Safety Myth of the Month
“I’ve been doing it this way for over 40 years
and I’m still here, so I must be doing it safely.”
Experience can build confidence, but it does not eliminate risk. Canadian Agriculture Injury Reporting data shows that 65% of farm fatalities between 2011 and 2020 involved people over the age of 50.
As we age, factors such as reduced strength, slower reaction times, fatigue, hearing or vision changes, medical conditions and medications can increase the consequences of unsafe practices that may have gone unchallenged for years.
Safety can be made simple at any age. That is why AgSafe Alberta created the FARMERS CARE program: to provide a practical, easy way for producers of all ages to improve safety on their operations.
All four levels are free when taken in sequence, and each completed level provides a personalized certificate of completion. So, what does the FARMERS CARE program cover?
Level 1 introduces hazard identification and farm safety fundamentals.
Level 2 focuses on training, orientation and communication, all of which are critical to managing hazards and risks on family farms and farms with employees.
Level 3 covers basic inspections that will help you identify issues and fix them before they become bigger problems.
Level 4 covers emergency preparedness and management basics. It helps you identify the things you can do in advance and how to better navigate emergencies.
Get started today at agsafeabseed.ca!
Need Safety Help on Your Farm?
AgSafe Alberta advisors understand agriculture and will use their experience and knowledge to support you in making your farm safer. Qualifying farms can get up to 10 hours of FREE advisor support!
Managing Contractors on Alberta Farms:
A Practical Guide
These responsibilities include ensuring that:
The contractor is informed of safety hazards related to the farm and its operation.
The farm has taken reasonable measures to ensure that the contractor is protected from these hazards and can perform the work safely.
The farm has taken reasonable steps to verify that the contractor understands their safety obligations and has their own systems in place to support them in following safety-related rules set by the government (e.g., follow occupational health and safety [OHS] legislation, transportation of dangerous goods [TDG] regulations, driver’s license requirements, etc.).
Our new resource, Managing Contractors on Alberta Farms: A Practical Guide, was developed to help farms better understand:
Contractor management responsibilities
Contractor screening and verification
Communication and coordination requirements
Work site roles and responsibilities
Documentation and recordkeeping
Monitoring contractor safety performance
The guide emphasizes that contractor management does not need to be complicated. Even simple systems can prevent farms from hiring unsafe contractors and ensure the work is completed safely and well. Download a copy today at agsafeab.ca!
How Are You Preventing Fires on Your Farm?
Fires can happen at any time of year. Electrical failures, machinery malfunctions, welding activities, lightning strikes, heating equipment and human error can all lead to devastating farm fires.
October’s Fire Prevention Month is a good opportunity to ask:
Are fire extinguishers available and inspected?
Can emergency vehicles reach all critical areas of the farm?
Do workers know who to call and what to do during an emergency?
Are fuel, chemicals and combustible materials stored appropriately?
Has the farm practiced an emergency action plan?
Emergency action plans are particularly important because emergencies are stressful, fast-moving events that leave little time for decision-making. Planning ahead can help ensure people know what to do before an emergency occurs.
Quick Action Items
Take 15 minutes this month to review the following items on your farm:
Emergency contact lists (Resources: Customizable Contact Names & Numbers by Site and Contact Names & Numbers – Wildfire)
Farm maps (Resources: Farm Building Map Worksheet and Farm Site Map Worksheet)
Muster points – Where are they? Is there signage? Does everyone know where they are?
Fire extinguisher locations (Resources: Fire Extinguisher Placement Planning Form – General)
Evacuation routes – Are they clear/unobstructed? Are they well lit? Are they identified on the appropriate map(s)? Does everyone know them?
Emergency action plans – Are they written? Are they current? Is everyone familiar with them? (Resources: Emergency Action Plan – Barn Fire, Emergency Action Plan – Evacuation, Emergency Action Plan Worksheet – Wildfire and Emergency Action Plan – Template
Small actions today can make a major difference tomorrow!
Safety Toolbox
This Safety Toolbox is your go-to for quick, easy access to safety tips, tools and training.
When was the last time you visited the AgSafe Alberta Store? Check it out today and see if there is anything you can use on your farm!
Oct. 8 is World Sight Day! This annual event highlights the importance of eye health and protection. Check out these links to learn more:
Visit the AgSafe Alberta Store for Eye Protection Required stickers to post in areas where eye protection is needed.
Learn more about eye protection with the Government of Canada’s resource, Protect Your Eyes!
The Upper Midwest Agricultural Safety and Health Center (UMASH) has created an Eye Protection Farm Safety Check, as well as a downloadable poster on First Aid for Eye Injuries that you can print and post on your farm.
Oct. 29 is World Stroke Day! Its purpose is to raise awareness about stroke prevention, symptom recognition, treatment, and survivor support. Find all types of resources at www.world-stroke.org and visit Fast Heroes for resources that support kids in recognizing signs and taking action.