Stop the Killing

The USW’s campaign to enforce the Westray law and end workplace deaths and injuries

“The most important thing to come out of mines is the miner.”

– Frederic LePlay, quoted by Dr. James Ham in the preface to the Ham Commission Report, 1976

2024 marks two important anniversaries in USW advocacy to end workplace injuries and death.

Fifty years ago, in 1974, Steelworkers at the Denison uranium mine in Elliot Lake, Ont., staged a wildcat strike for health and safety. That strike led to the Ham Commission, which ushered in basic health and safety protections we all rely on today: the right to know about workplace hazards, the right to refuse unsafe work and the right to be involved.

2024 is also the 20th anniversary of the Westray Law, which amended the Criminal Code of Canada to make it easier to impose criminal liability on corporations for serious workplace injuries and fatalities.

Workplace deaths claim the lives of 1,000 Canadians every year. Tens of thousands more workers suffer horrible workplace injuries annually. The overwhelming majority of these tragedies are preventable and should never happen. In the 20 years since the Westray Law was enacted, there have been few criminal prosecutions and even fewer convictions.

That’s where the USW’s national campaign, Stop the Killing, Enforce the Law, comes in, using worker power to confront the appalling rates of workplace deaths and injuries across Canada and demanding justice.

Our message is getting through

Through USW member advocacy, hundreds of municipalities as well as law-enforcement agencies support the Stop the Killing campaign’s demands for federal, provincial and territorial governments to implement crucial measures to ensure the Westray Law is enforced.

The campaign continues because preventable workplace deaths keep happening:

Quoc Le, 51; Collin Grayley, 35; Fraser Cowan, 51; USW Local 7135, National Steel Car, Hamilton

On June 6, 2022, National Steel Car worker Quoc Le, died in a preventable workplace accident. He was the third worker killed in 21 months at National Steel Car. Collin Grayley, 35, died on April 23, 2021, and Fraser Cowan, 51, died on September 2, 2020. This equates to one death every seven months at National Steel Car. The USW believes it is the worst health and safety record of any workplace in Ontario.

Mario Morin, 57; Jean Lachance, 51; and Martin Roy, 50; USW Local 9531, Bois ouvré Beauceville, Beauceville, Que.

On the morning of Sept. 20, 2021, Mario Morin, Jean Lachance and Martin Roy were trying to extinguish a fire that broke out while work was being done on the roof of the Bois ouvré Beauceville wood-processing
facility. An explosion occurred, taking their lives and injuring five other workers. Beauceville is located approximately 85 km south of Quebec City.

Photo caption: Attending the ceremony marking the Westray Law’s 20th anniversary at Their Light Shall Always Shine Memorial Park in New Glasgow, N.S. (l-r): USW National Director Marty Warren, USW Health, Safety and Environment Department Leader Sylvia Boyce, Canadian Labour Congress (CLC) President Bea Bruske, USW District 6 Director Myles Sullivan, Nova Scotia Federation of Labour President Danny Cavanagh and CLC Nova Scotia Regional Representative Mat Whynott.

Workplace deaths must be stopped! They are tragic and life-changing for families and communities. No one should be killed by going to work.

What we’re asking for

The USW’s Stop the Killing campaign is about ensuring that:

• Crown attorneys are educated, trained and directed to apply the Westray amendments.
• mandatory training is provided for police and health and safety regulators to know how the Westray amendments apply.
• resources are allocated to ensure training takes place at all necessary levels – training must not be voluntary.
• mandatory procedures and protocols are instituted in every jurisdiction for police, crown prosecutors and health and safety regulators.
• dedicated prosecutors are assigned in each jurisdiction and given the responsibility for health and safety fatalities.
• there is greater co-ordination among regulators, police and crown attorneys so that health and safety regulators are trained to reach out to police when there is a possibility that criminal charges are warranted.

The federal, provincial and territorial governments must better fulfill their mandates to enforce the Criminal Code to its full extent. Only by doing so can we honour the memories of all those killed at work,
provide a measure of justice to families and better protect workers.

Get involved – endorse the USW’s Stop the Killing, Enforce the Law campaign.

This article appeared in the Summer 2024 issue of USW@Work magazine.

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