April 28, the National Day of Mourning, is a solemn occasion to remember workers who were killed at work, those who have been injured on the job and those who have been made ill by their work. On this day, we mourn the dead and reaffirm our commitment to fight for the living: a fight to make every workplace safe.
The United Steelworkers, along with other labour organizations, communities and families, has been observing this solemn day since long before it was officially adopted by the federal government 34 years ago through the Workers Mourning Day Act. Today, more than 100 countries mark this day of contemplation under different names, but with the same objective: to honour the memory of workers killed and injured on the job, and to call for meaningful action to prevent future tragedies.
Over the past two decades – following the adoption of the Westray Law – successive governments across Canada have had the opportunity to force employers to make the prevention of occupational diseases and preventable deaths and injuries an essential part of their legal responsibilities.
A rigorous and systematic application of the Westray Law would hold those responsible to account. Yet the number of deaths and serious injuries in the workplace remains virtually unchanged, often due to the fact that no meaningful investigation is carried out to determine whether there has been criminal negligence on the part of those whose duty it is to protect workers.
Since the Westray amendments to the Criminal Code came into effect in 2004, there have been only 27 criminal prosecutions brought against employers, and only 12 convictions obtained – and not for lack of tragedy. Every year, nearly 1,000 workers die on the job and hundreds of thousands more suffer occupational injuries or illnesses.
Clearly, the law is neither properly nor consistently applied. This must change.
The United Steelworkers union and our many allies renew our call for our governments to take decisive actions and dedicate greater resources to ensure rigorous enforcement of the Westray Law. Every workplace death or serious injury must be investigated for criminal negligence. It’s time to break the cycle of impunity and uphold fundamental workplace health and safety rights.
The Day of Mourning is a painful but necessary reminder that every workplace death is one too many. Today, we remember. And tomorrow, we will continue the fight to ensure that no worker ever loses their life simply for doing their job.
Marty Warren
National Director for Canada
Scott Lunny
Director, District 3
Dominic Lemieux
Director, District 5
Kevon Stewart
Director, District 6
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