Today marks the 20th anniversary
of the Westray mine disaster that killed 26 workers in Nova Scotia. The public inquiry into the Westray story called the
deaths “predictable” and concluded management, “starting with the Chief
Executive Officer,” had failed in its responsibility to design and operate a
safe mine. It recommended federal legislation “to ensure that corporate
executives and directors are held properly accountable for workplace safety.”
It was these 26 deaths and that
recommendation that led to Parliament unanimously passing in 2003 what has come
to be known as the “Westray Bill.” Under that law, employers responsible for
workplace deaths can face criminal charges, and if convicted, can be sentenced
to time in prison.
Unfortunately eight years later, despite
thousands more workplace deaths, only a handful of criminal prosecutions have
proceeded in Canada; no charges have been laid in Manitoba to date. Workplace
safety activists who worked so hard lobbying for passage of the Westray Bill
are frustrated and demoralized. Parliament was clear that the criminal code
should be used to hold employers accountable for ensuring safe and healthy
working conditions for workers they employ. Yet there has been virtually no
enforcement.
To find out why, the Canadian Labour
Congress organized a Westray bill symposium last fall, bringing together
police, prosecutors, workplace safety regulators and health and safety
activists. At the symposium it quickly became clear that, without the political
will to enforce it, the Westray law would remain a largely unenforced “paper
tiger.” Participants identified a number of barriers to enforcing the Westray
law:
- Police indicated that criminal investigation of workplace deaths was part of neither their training nor their operating protocols. They cited lack of access to specialized expertise about workplace safety. They said evidence collected by government regulators without a warrant may not be admissible in criminal prosecutions.
- Not all prosecutors have closely followed implementation of the Westray law and cases to date.
- Health and safety regulators indicated their investigative procedures were oriented towards gathering evidence required for criminal prosecutions.
Everyone in attendance agreed that proper
enforcement of the Westray law will require a deliberate and collaborative
effort on the part of everyone present. Investigative procedures for police and
regulators need to be revised. Police, prosecutors and regulators need to be
trained or updated on the latest developments. Provincial officials need to
show leadership by bringing all these players together to work through these
challenges.
Families of workers who fall victim to
workplace tragedies deserve to know that these deaths are all investigated
through the lens of the Westray law. Employers need to know that there will be
tough criminal consequences if they act irresponsibly with the health and
safety or workers they employ. This is how we can truly honour the memory of
the 26 workers killed 20 years ago.
