Report from the OH&S Canada magazine (May 2017)
Report from Jeff Cottrill
The federal government has pledged to make greater efforts to enforce the Westray Law – a provision in the Criminal Code regarding criminal prosecution for negligence after workplace fatalities.
The announcement, made in a joint statement from the Ministry of Employment, Workforce Development and Labour and the Ministry of Justice, was issued on April 27, 2017 – the day before the National Day of Mourning, which commemorates workers who have lost their lives on the job. It was also intended to commemorate the upcoming 25th anniversary of the Westray Mine explosion, which killed 26 coal miners in Plymouth, Nova Scotia on May 09, 1992.
“Millions of Canadians go to work every day, expecting to return home safely,” Patricia Hadju and Jody Wilson-Raybould, Canada’s Labour and Justice Ministers, say. “Sadly, not all workplaces are safe. Thousands of Canadians are killed, injured, or suffer workplace-related illnesses every year on the job.”
Hadju and Wilson-Raybould add that the government will work with the Canadian labour Congress (CLC), employers and the provincial and territorial governments to apply the Westray Law more effectively and consistently. “We will do more to ensure that labour inspectors and law-enforcement officials are properly trained,” the Ministers say, “and that they coordinate effectively to ensure that the possibility of a charge for criminal negligence resulting in a serious injury or death is not overlooked.” They will also promote the sharing of best practices in investigating workplace fatalities across federal, provincial and territorial jurisdictions.
Hadju and Wilson-Raybould also cite the recent federal budget, which includes measures to update the Canada Labour Code to support workers more. “The new compliance and enforcement tools include new administrative monetary penalties and the authority to publicly name violators.”
Hassam Yussuff, the CLC president, calls the federal government’s pledge “an important victory for all workers in our country and a tribute to the Westray families and families of other fallen workers.” He adds that the next step will be in ensure coordination between governments.
“When criminal negligence results in injury or death of a worker – that needs to be treated as a crime, not an accident,” Yussuff says. “We are counting on government at all levels to work together so we can prevent future Westrays.”
My opinion
The Bill C-45, is well known to all safety professionals and became 217.1 of the Canadian Criminal Code which states,
“Every one who undertakes, or has the authority, to direct how another person does work or performs a task is under a legal duty to take reasonable steps to prevent bodily harm to that person, or any other person, arising from that work or task.”
As the reader can see, the federal government, FINALLY, has the legislation to protect workers in the federal system.
Mind you, all provinces already have legislation in place. It is sad that the federal government was the last form of government to put into place protective legislation to protect workers.
HRS Group Inc. has a great team that can help you with all your health and safety needs. Contact Deborah toll free at 1-877-907-7744 or locally at 705-749-1259.
We can also be reached at info@hrsgroup.com
Ensure your workplace is a safe place.
Remember – In Canada, “ALL Accidents are Preventable”
‘Work’ and ‘Play’ safe.
Daniel L. Beal
CHSEP – Advanced Level
CEO & Senior Trainer
HRS Group Inc.
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