'Too many workers are still dying, getting injured or getting sick from work'
The Canadian Labour Congress (CLC) is calling on employers and governments to prioritize worker safety as Canada marks the National Day of Mourning today – which also happens to be the 20th anniversary of the Westray Law.
Canadian unions demanded employers and governments to make work and workplaces truly safe spaces for all workers with the call to action “Safe work now.”
“Too many workers are still dying, getting injured or getting sick from work and year in and year out, these numbers are not going down. That is unacceptable because every death and injury is preventable,” said Bea Bruske, president of the CLC. “Employers and our governments are not doing enough to keep workers safe on the job. Workers and their loved ones can’t afford to wait for action.”
Westray Law and criminal charges for OHS violations
The CLC noted that it’s been 20 years since the Westray Law was brought into effect and “it’s past time for Canada to do better to keep everyone safe.”
After 26 miners lost their lives at the Westray Mine in Nova Scotia, Bill C-45, An Act to amend the Criminal Code (criminal liability of organizations), came into force on March 31, 2004. It modernized the criminal law’s approach for establishing the criminal liability of corporations for workplace deaths and injuries.
Since the inception of the law, “only a handful of criminal charges have been laid due to inconsistent and insufficient enforcement of the law,” said the CLC. And “most of these cases resulted in fines, which major corporations can easily pay.”
“Political leaders also still defer to business interests by weakening health and safety legislation, both provincially and federally,” the CLC added.
Negligent employers and workplace safety
Across Canada, in 2022 there were 993 accepted workplace fatalities and 348,747 accepted lost time claims, the CLC noted.
“We know these numbers are just the tip of the iceberg. Many injuries, illnesses, and even cases of death from work are not included in these numbers. But did you know that you’re 50 percent more likely to die from a workplace incident than by homicide? And when a person dies by homicide, someone is held criminally responsible,” said Bruske.
“So why are so many workers still dying on the job while potentially negligent employers are moving on as if nothing happened? A simple slap on the wrist doesn’t deter negligent bosses from putting profits over people. Paying a measly fine is not an acceptable consequence to costing someone their life, or their health.”
In March, Alberta employer Smith Group Holdings – and subsidiary Brooks Asphalt & Aggregate – were ordered to pay $295,000 in total penalties, including a $1,000 fine, for their violations under occupational health and safety (OHS) laws that led to the asphyxiation of a worker at a construction site.
What is Canada doing for occupational health and safety?
Meanwhile, Prime Minister Justin Trudeau, on Sunday, highlighted what the federal government has been doing to ensure safe workplaces for workers.
"The federal government is working with employees and employers to make sure workers are taken care of, including by strengthening the Canada Labour Code. As part of these efforts, through Bill C-65, we are fighting harassment and violence, including sexual and domestic violence, to ensure workers have the support they need – whenever they need it,” he said.
Trudeau also mentioned that, through the Canadian Centre for Occupational Health and Safety (CCOHS), Ottawa is providing up-to-date resources and services to raise awareness on worker safety, particularly for new and young Canadian workers starting their careers.
“I encourage employers, employees, and students to make use of the Centre's resources – because safer workplaces will mean a safer, better Canada,” the prime minister said.
"As we mark the National Day of Mourning, let us take a moment to honour those who have lost their lives or were injured at work. I invite Canadians to join the conversation on social media by using the hashtag #DayOfMourning to raise awareness and tell their stories."