NDP Presents Legislation to Make Companies Accountable for Workplace Deaths
Victoria, B.C.- The Provincial New Democrats have introduced a bill to the B.C. legislature they say would ensure companies are held accountable for workplace deaths.
“This bill would see corporate executives and directors held accountable for cases of negligence causing workplace death or serious injury,” said New Democrat labour critic Harry Bains.
“In 2004, 12 years after a mining disaster that took the lives of 26 miners, the federal government enacted the Westray Bill which allowed for employers and managers to be criminally charged for workplace deaths,” said Bains. “There have been more than 1,350 deaths in British Columbia since the Westray bill was passed, and yet no prosecutions have yet been made to hold employers or managers criminally accountable for unsafe working conditions.”
The Workplace Accountability Act would:
- Ensure a Crown Prosecutor is dedicated and trained to deal with workplace fatality and serious injury cases so the likelihood of conviction may be determined more accurately.
- Ensure both police and Worksafe BC inspectors are trained on section 217.1 of the Criminal Code. This would ensure that these parties understand this law and its application and would in turn lead to better collection of evidence to support Crown Counsel’s decision making.
- Require mandatory police investigations of all workplace fatalities and serious injury cases, in order to determine whether criminal negligence exists.
- Call for the Crown and police to develop a specialized prosecution policy for workplace fatalities or serious injuries cases, similar to what is done in domestic violence cases.
“Far too often, companies are given a slap on the wrist for their negligence and no justice is given to the victims or their families,” said Bains.
Comments
So, what does this do to the whole idea of Worksafe BC fundamental goal since inception, which is the constitution of the organization.
Its another popularity stunt, with no teeth.
I think that is the point, He spoke.
After two Mill explosions and two botched WCB investigations looks like WCB has been the popularity stunt with no teeth!
How is it that the opposition can table legislation?
Is that even possible?
I think any party can introduce a bill, whether it makes it through the legislature and in to law is another matter.
Worksafe screwed up, hence the introduction.
But I believe He Spoke is correct, same as the drive from Rupert by the other NDP types.
There’s lots of blame to go around. And yes, the NDP is grandstanding.
I do not think that the NDP is grandstanding at all in this case.
This is a federal matter since the issue of corporate liability in workplace deaths has been included in federal criminal law.
It seems everyone is blaming WSBC. I think that the Crown Prosecutor can learn from cases in Ontario, for instance, how to deal with such maters and get a conviction.
The one case that comes to mind is construction or building maintenance workers falling of a scaffolding and falling to their deaths.
All four points are very applicable.
In fact, how much of such joint training in due diligence and the criminal code as well as WSBC regulations and their roles have those involved ever received?
The link is to the report on the case.
It shows that people still do not take such matters seriously. The more prosecutors are afraid that they are wasting their time, the longer it will take to get serious about the intent of the legislation.
Another Westray is likely to occur at the rate we are going.
Corporations want to be treated the same as people, then they need to be just as much at risk with respect to the criminal law as people are. One should not be able to hind behind a corporate cloak.
http://www.cbc.ca/news/canada/toronto/deadly-scaffold-collapse-leads-to-340k-in-penalties-1.1185963
One can google a recent case “asbestos contractor jailed” where a mr arthur moore just received jail time. Also go to worksafebc, publications, worksafe magazine, infractions. The list of penalties are renewed every 60 days. Ontario started with the big fines and some serious accidents landed some principles in jail. The new laws are becoming effective in alberta and bc right now, and have been in place for years.
Worksafe did their job at the initial too much sawdust report! The company failed to protect their workers and the workers failed to protect themselves!
âIn 2004, 12 years after a mining disaster that took the lives of 26 miners, the federal government enacted the Westray Bill which allowed for employers and managers to be criminally charged for workplace deaths,â said Bains. âThere have been more than 1,350 deaths in British Columbia since the Westray bill was passed, and yet no prosecutions have yet been made to hold employers or managers criminally accountable for unsafe working conditions.â
More than 1,350 work related deaths in BC and not one employer or manager prosecuted!!! Oh but thatâs right, the Westray Bill was passed in 2004, no surprise there hasnât been one single prosecution during the time this business and corporate run Liberal government has been in power. Those two sawmill explosions were the Coupe de Grasse, if the employers / owners can get away with those four deaths and over 40 injured, they can all get away with bloody murder!
Good job NDP, at least they are trying to get some kind of accountability out of this unacceptably sordid situation.
NoWay, let’s not forget about the Union! The membership pays dues to be both represented and protected!! The Union had the right to shut the unsafe work sites downs and yet they did nothing.
Don’t forget the Union is the workers hart guy!
Wait until the NDP gets the Province back in the lumber business again and then see if they can still run the mills and make the payments when subjected to all the same rules they’re always so anxious to impose on others now.
Who’s going to be responsible for every workplace accident then, when there’s only one employer, and it’s the government?
Will John Horgan be willing to risk jail time, or an attachment of his Premier’s salary and future pension when one of “his” mills blows up, or anybody gets killed in any other way in one?
Worksafe did their job at the initial too much sawdust report!
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Did the order written by the WCB include taking immediate steps to rectify the situation ? Or was it just noted and ignored?? A very big difference, assuming of course that the WCB even wrote an order.
Let’s see Jim, Babine blew up and Lakeland was told they had too much sawdust laying around. You think that would be a freaking clue! Does the order have say take immediate action in that case? I say bullsh*t!
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