“Bill C-45: In the First Case”

By Marty Dol

Mr. Dol is a training consultant with Health and Safety Network, who holds a certificate in Occupational Health and Safety, and is a former Fanshawe College Instructor.

Have you heard yet?  Many people involved with occupational health and safety across Canada have been talking around the water cooler about the news.  The Canadian Press recently reported, “Company fined $110,000 for criminal negligence in employee death.”  This is the first case of a company being charged with criminal negligence under Bill C-45.  If you are a Canadian company owner, manager, director or supervisor, listen up.

A judge has found Canadian paving stone manufacturer Transpave guilty of criminal negligence in the first case successfully tried under Bill C-45 involving the death of a worker. The law states that, “Every one who undertakes, or has authority, to direct how another person does work or performs a task is under a legal duty to take reasonable steps to prevent bodily harm to that person, or any other person, arising from that work or task.”  Ensuing investigations found Transpave had a myriad of safety violations, a blatant disregard for worker safety and made attempts to alter records.

Let’s go back for a moment to the Westray Coal Mine disaster, which led to the creation of Bill C-45.  The disaster began the morning of Saturday, May 9th, 1992 at about 5:18 am. This is the moment when an underground methane gas explosion ripped through the mine located in Plymouth, Nova Scotia killing 26 miners instantaneously.  The bodies of 15 miners were discovered and removed however once a decision was made to abandon recovery efforts, the bodies of 11 miners would be entombed forever.  The company was charged with 52 non-criminal counts of operating an unsafe mine but in 1993 the company went bankrupt and charges never made it to court.  Two mine managers were charged criminally, however on June 9th, 1995 in the trials 44th day, the judge stayed the proceeding.  Nobody has ever served a day in jail because of the Westray Coal Mine disaster.  In late 2003, the federal government enacted Bill C-45 in direct response to the mine disaster and outlined the framework of corporate liability in Canada, which allowed the Courts a new punishment scheme that extends beyond simple corporate fines; jail time, probation, and a permanent criminal record await those found guilty. The former mine site was razed in 1998, after being permanently sealed once the decision to abort further recovery attempts in May 1992 and after investigations were completed. Today a memorial sits in a park at the approximate site where the remaining 11 miners were trapped.

Fast forward to March 17, 2008, the date that Canada’s first prosecution under this law was entered as a result of the death of Transpave employee, 23-year-old Steve L’Ecuyer, who was crushed by a machine used to stack finished paving stones.  The investigation found that an optic security system on the machinery was neutralized and that neither employees nor management was unaware the system was unplugged at the time of the incident.  Lack of health and safety training for the young worker has been cited as a direct cause and the company had been known for its unsafe working conditions.

Since the time of the incident, Transpave has claimed to have spent more than $500,000 to bring its factories up to standards and has spent an additional $250,000 in other health and safety initiates over the past two years. This could be why the judge decided to stop short of sentencing company officials to jail time.

Today, the Occupational Health and Safety Act (OHSA) demands that employers hire only competent supervisors and that they “take every precaution reasonable in the circumstances for the protection of the worker.”  Competency means a familiarity with the laws, and if you or your management staff doesn’t get it, the door for increased liability is open.  There is no single health and safety law that gets used more by the Ministry than the one listed above.  In fact, 25% of all Ontario Ministry of Labour fines are a result of management staff failing to do everything reasonable for the protection of the worker.  You have to ask yourself, “What are we doing for our employees?” and “Is it enough?”

Both the WSIB’s Workwell Audit and the laws within our OHSA & Regulations state that employers and management must provide adequate occupational health and safety training for supervisors.  The Health and Safety Network is pleased to offer BGT customers and friends the opportunity to enroll in our half-day Occupational Health and Safety Law & Due Diligence course for upper management, or the one-day Supervisor Occupational Health and Safety Certificate program for supervisory staff.  Both programs will provide the guidance to move you in the right direction or will expand your knowledge of OH&S law.  Either way, both courses will go a long way toward satisfying your legal requirements. 

Both the WSIB’s Workwell Audit and the laws within our OHSA & Regulations state that employers and management must provide adequate occupational health and safety training for supervisors.  The Health and Safety Network is pleased to offer BGT customers and friends the opportunity to enroll in our half-day Occupational Health and Safety Law & Due Diligence course for upper management, or the one-day Supervisor Occupational Health and Safety Certificate program for supervisory staff.  Both programs will provide the guidance to move you in the right direction or will expand your knowledge of OH&S law.  Either way, both courses will go a long way toward satisfying your legal requirements.