Beyond Decriminalization: Sex-work, Human Rights and a New ...

PIVOT LEGAL SOCIETYHazardous substancesBlood and other bodily fluids are classified as hazardous substances under the WCA. 97 Specialprovisions apply regarding worker education and training that include providing information toworkers about the potential effects of exposure to hazardous substances, and the means to preventexposure. 98 In addition, because blood and other bodily fluids can transmit disease causing organismsand toxins, the Workplace Hazardous Material Information System (WHMIS) classified themas “poisonous and infectious material” (Class D) and as “biohazardous infection material” (Division3). 99 WHMIS applies to all workplaces, including healthcare and laboratory facilities. The WHMISsystem assumes that every sample is dangerous and encourages safety precautions in every instance ofhandling hazardous substances.The requirements under WHMIS are fairly extensive, and the onus falls on the employer to maintainan effective program in concert with the overall workplace health and safety program. 100 Oneprovision relevant to prostitution is that the employer must maintain a list of job tasks that create thepotential for occupational exposure to blood borne pathogens, and implement a system of precautionsfor each listed task. 101 WHMIS requires that workers wear personal protective equipment to shieldthem from biohazardous materials. 102 These provisions applied to prostitution would mandate theeducation of workers about the risks associated with each type of service provided, and would requirecondom use where the contraction of sexually transmitted disease is possible.Some project participants expressed support for this type of health and safety program, lamentingthe current lack of information and lack of awareness of risk:A. You see I see it as rules that go along with the sex trade you know. It’s safety. Not onlydo you have to practice what you preach but you know you’ve got to teach it as well.A. A lot of it’s just a given.Q. Okay well these people don’t know what the givens are so let’s kinda lay them out.What are the givens that people have to do to reduce . . .A. You go out there; you have a date. You have to wear condoms. If the date turnsaround and says well I don’t want to do the date if you want to use a condom wellyou know you’ve got to be able to hold your ground and say look I’m sorry it’s notgoing to go. And you shouldn’t have to go that far because your employer should havethis date already pre-screened and already set up so that condoms and everything arethere. They’re going to be used and it’s mandatory. There is no change.A. The client agrees.Q. The client agrees in advance. That’s a good point.- male street-level sex workersThe application of the OHSR to prostitution would result in increased education and awareness,and more fair and safe workplace practises by both employers and employees. Prior to applying anylaw to prostitution, however, careful consultation with sex workers themselves should be undertakenby government.97 Hazardous substance means (a) a controlled product within the meaning of the Hazardous Products Act (Canada); (b) a substancedesignated as a hazardous substance by regulation; and (c) a biological, chemical or physical agent that, by reason of its properties, ishazardous to the health or safety of persons exposed to it. WCA, supra note 6, s. 106.98 OHSR, supra note 7, s. 5.2.99 B.C., WHMIS at Work (B.C. Workers’ Compensation Board, 2004) at 8, online:.100 WCA, supra note 6; OHSR, supra note 7.101 OHSR, supra note 7, s. 6.35.102 Ibid., s. 6.36(2).128