TORONTO – Thirty-three years ago, at 5:18 a.m. at the Westray coal mine in Pictou County, N.S., a methane explosion underground killed 26 men. Only 15 bodies were recovered, with 11 abandoned in the deep. No one was held accountable for this disaster that prevented 26 sons, fathers and husbands from returning home.
In a public inquiry, the employer was deemed to be negligent, but no legal recourse was available to hold the employer criminally accountable.
Based on inquiry Commissioner K. Peter Richard’s recommendations, the United Steelworkers union (USW) led lobbying efforts under the theme “No more Westrays” to amend the Criminal Code of Canada so that there would be accountability for workplace fatalities and serious injuries resulting from criminal negligence.
It took until 2004, for the Criminal Code of Canada to be amended to include the “Westray amendments.” This change meant that anyone directing work would have a duty of care, which, if neglected, could result in criminal negligence charges. It also included corporations as parties to such an offence.
It has been 21 years since the Code was amended to deter reckless disregard that puts profits before people. However, with over 200,000 serious workplace injuries and deaths in that time, there have only been a handful of convictions.
The USW is aware of 27 charges under the Westray amendments, with only 12 successful prosecutions, of which only one includes criminal negligence causing bodily harm.
“The USW does not take the position that all workplace fatalities or injuries are the result of criminal negligence; only that, without an investigation, those directing work will escape accountability in the cases that did result from criminal negligence,” said Marty Warren, USW National Director.
To truly have “No more Westrays,” the USW is calling on the government to apply and enforce the Westray amendments to the Criminal Code.
“Deterrence only works when the consequences are real,” said Warren. “The laws exist, but without consistent enforcement, they fail to drive the change we need. To shift behaviour and save lives, we need stronger, swifter enforcement of the laws already on the books.”
It is long past time for governments to invest in resources to enforce the Westray law. This requires training for inspectors, crown attorneys and police to enable them to recognize workplace safety criminality and build cases with a reasonable likelihood of conviction.
The USW calls for hiring dedicated prosecutors and teams to investigate workplace fatalities and serious injuries. Such an approach must be seen as an investment in promoting health and safety and saving lives. On the Westray anniversary, the USW is taking action:
- Funding the development of an eLearning course based on the Calgary Police Service workshop. This is a proper investigation course directed at holding senior corporate decision-makers to account. The course will be placed on the Canadian Police Knowledge network accessible to police, Crown prosectors and regulators. The course is being developed through the John Petropoulos Memorial Fund. The training eliminates excuses for not investigating and creates accountability.
- Assisting victims in filing police reports that demonstrate reasonable probable grounds for an investigation.
- Issuing media releases on incidents to educate and inform on Criminal Code of Canada indicators and assisting news organizations with reporting.
- Continuing a public awareness campaign so that Canadians can start seeing the criminal aspects of these incidents.
The USW will never rest on this issue. We will ensure the Westray legacy is fulfilled. If you kill a worker, you can go to jail.
The USW calls for mandatory investigations by police to rule out criminality in workplace serious injuries and deaths. A greater focus by Crown attorneys on deterrence is in society’s interest. Prosecute these cases criminally to protect workers and the public.
“There must be a co-ordinated effort from all involved to make the Westray Law effective,” said Warren.
On this solemn anniversary, please join the USW in our call for the government to “Stop the killing and enforce the law.”
Every year on May 9, the USW directors have a wreath laid at the Westray Monument in New Glasgow, N.S.
Learn more at usw.ca/stopthekilling.
About the United Steelworkers
The USW represents 225,000 members in nearly every economic sector across Canada and is the largest private-sector union in North America, with 850,000 members in Canada, the United States and the Caribbean.
Each year, thousands of workers choose to join the USW because of our strong track record in creating healthier, safer and more respectful workplaces and negotiating better working conditions and fairer compensation – including good wages, benefits and pensions.
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