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Twenty six miners perished from a deadly mix of a
methane fireball and coal dust, resulting in a massive
explosion on May 9, 1992 at 5:18 a.m.
A public inquiry in Nova Scotia concluded the tragedy
was the result of:
·
Westray’s mismanagement of the conditions in
the underground mine;
·
Westray’s administrators tolerating poor
safety practices; and,
·
the outdated mining laws.
Bill C-45, the Westray Bill that rose from the ashes of
this disaster was passed to amend Canada’s Criminal
Code. It holds employers criminally liable when they
fail to take steps to protect their employees. Only
Ontario and Quebec have laid charges under the
provisions created by this bill and Quebec is the only
province that has made a successful conviction.
The union leaders who spoke at this year’s Westray vigil
believe that governments aren’t tough enough on
companies violating health and safety rules. Businesses
still haven’t learned from the tragedy. Statistics from
the Association of Workers’ Compensation Boards of
Canada support these opinions. In 1993, 758 worker
fatalities occurred versus the 1,014 fatalities in
2011. And over that 18 year period, more than 16,000
workers have died on the job.
Have you ever wondered about where those Health and
Safety charges exist? Following a workplace accident in
Ontario, you could be charged under the
Provincial Offences Act. The Table below is a small sample of the many offences
available to inspectors.
Schedule 69 (Loi sur les infractions provincials)
Regulation 859 of the Revised Regulations of Ontario, 1990 under the
Occupational Health and Safety Act.
|
Item |
Column 1 |
Column 2 |
|
1. |
Failing to use adequately secured fall arrest
system |
subsection 10 (1) |
|
2. |
Failing to use properly arranged fall arrest
system |
subsection 10 (1) |
|
3. |
More than one worker using lifeline |
clause 10 (6) (a) |
|
4. |
Standing on loose object while window cleaning |
clause 18 (a) |
|
5. |
Failing to use fall arrest system as required |
subsection 31 (2) |
|
6. |
Beginning window cleaning with suspended scaffold
or chair |
subsection 42 (3) |
|
7. |
Beginning sill work before receiving work plan |
subsection 42 (3) |
R.R.O. 1990, Reg. 950, Sched. 69.
A workplace accident is a burden you and your business can live without!
References:
OHS
Canada
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