Workers Health and Safety Update
A Publication of the Workers Health & Safety Centre – May 12, 2010
Cliff Pilkey/WHSC Golf Tournament—Register Today to Play
The Workers Health & Safety Centre (WHSC) invites you and/or your organization to participate in the 21st Annual Cliff Pilkey/WHSC Golf Tournament.
This entertaining day of golf is scheduled for Thursday, June 24, 2010 at Deer Creek Golf Club in Ajax, Ontario. The day begins with coffee and baked goods prior to golfers hitting the links at 9:30 am. Golfers will enjoy a BBQ lunch on the course and a great dinner following their round.
Each participant will receive a loot bag and a prize as well as opportunities to win other great prizes both on-course and through the ever-popular raffle.
The WHSC also invites individuals and organizations interested in otherwise supporting this fundraising event by sponsoring a golf-hole or purchasing advertising space in a souvenir booklet. Advertising space in the souvenir booklet will also be given to those who’d like to donate prizes. This 80 page booklet is given to each of the 250 plus golfers and sponsors.
The ongoing generosity of golfers and sponsors continue to make this annual event a great success in terms of fun and fundraising. All proceeds from the 21st Annual Cliff Pilkey/WHSC Golf Tournament will be used to support various scholarship initiatives and the important work undertaken by the Canadian Civil Liberties Association.
Tickets Still Available for Toronto Premiere
The film Living Downstream: a feature documentary about cancer and the environment will make its Canadian premiere Tuesday, May 18, 2010 in Toronto.
This documentary, produced and directed by Canadian Chanda Chevannes, is based on Dr. Sandra Steingraber’s acclaimed book Living Downstream: an ecologist looks at cancer and the environment. A cancer survivor, Dr. Steingraber is an internationally recognized authority on the environmental links to cancer and reproductive health.
When her book was first published in 1997, publisher Addison-Wesley observed “Her book strikes a hopeful note throughout, for, while we can do little to alter our genetic inheritance, we can do a great deal to eliminate the environmental contributions to cancer.”
The book inspired many to commit to preventive actions in their homes, communities and workplaces. It inspired others to renew their commitment. Still, much work remains.
Carcinogens are used extensively in Canadian workplaces and are present in many of the goods produced for human use and consumption. According to Ontario’s Occupational Cancer Research Centre, 600,000 Ontarians may be exposed to carcinogens at work. Of course, many carcinogens and other toxins used or produced in our workplaces are eventually released into the wider community. As the Workers Health & Safety Centre reported in their 2010 Environmental Scan, the provincial government has confirmed Ontario has unique challenges including dealing with some of the most significant releases of toxins and pollutants in Canada and North America, this despite pollution abatement efforts.
The film Living Downstream follows Dr. Steingraber over the course of a year as she travels across North America working to break the silence about cancer and its environmental links.
Dr. Steingraber and Chanda Chevannes will be present at the Toronto screening and will participate in a question and answer session. Dr. Steingraber will also sign copies of the newly published second edition of her book Living Downstream. It was recently rewritten to present the most recent science on the link between synthetic chemicals and human cancer.
Living Downstream: a feature documentary about cancer and the environment
· When: Tuesday, May 18, 2005
· Where: Bloor Cinema, 506 Bloor Street West, Toronto
· Time: 7:30pm
Want to know more about the Toronto screening of the movie or to buy tickets?
Want to know more about Dr. Sandra Steingraber or Living Downstream?
Want to know about WHSC training aimed at raising awareness about occupational and environmental cancer – call a training service representative at 1-888-869-7950 or at a WHSC near you?
A Publication of the Workers Health & Safety Centre – March 30, 2010
United Steelworkers Union Initiate Private Prosecution
in Case of Worker Death
The United Steelworkers Union (USW) has launched a rare private criminal prosecution against forestry company Weyerhaeuser alleging they were criminally negligent in the 2004 death of a sawmill worker.
“The death of sawmill worker Lyle Hewer was preventable and a criminal act by his employer,” says Steve Hunt, USW director for Western and Northern Canada. “Prosecutors in British Columbia have looked at this case and have refused to advance any charges against Weyerhaeuser.”
The USW union is seeking prosecution under the 2004 “Westray” amendment to the Criminal Code. This amendment resulted from a dedicated lobbying campaign led by the USW and supported by the New Democratic Party and wider labour movement. The campaign began shortly after the tragic Westray mine explosion on May 9, 1992 where 26 men were killed.
This amendment, otherwise known as Bill C-45, created rules establishing criminal liability to corporations and other organizations for the acts of their representatives. Specifically, Section 217.1 of the Criminal Code of Canada establishes a legal duty for persons directing the work of others to take reasonable steps to ensure the safety of workers and the public.
The USW Union believes Weyerhaeuser did not take reasonable steps to ensure the safety of Hewer who was killed on November 17, 2004 after entering the bottom of a hopper to clear wood debris. The debris came loose falling on top of him.
Weyerhaeuser Canada was fined almost $300,000 by WorkSafeBC following a two-year investigation.
As reported in the Vancouver Sun on March 15, 2007, WorkSafeBC vice president Roberta Ellis said “the investigating officer saw a high level of knowledge within Weyerhaeuser management of the hazards Hewer faced but they did nothing about it.” She went on to say Hewer’s death met three standards to justify the high penalty WorkSafeBC levied against the company: It involved a fatality, it arose out of a high-risk violation and the violations were committed willfully or with reckless disregard.
The New Westminster, British Columbia police recommended criminal charges against the company under the Criminal Code of Canada. Crown prosecutors, however, did not proceed with charges.
According to Hunt, the USW union is proceeding with these charges to secure justice and to hold those responsible to account. “Nowhere, other than at work, can a person be killed and there are no consequences other than maybe a monetary fine. The Westray amendments were supposed to change this. It hasn’t yet. We are proceeding with these charges to move the criminal code amendments from simple words to the actions they were intended to invoke. We want those who perform criminal acts to be tried as criminals.”
“We also want to send a message to other corporations there are consequences in both the criminal courts and the court of public opinion when they don’t meet their legal and human due diligence,” says Hunt. “They must be reminded they are as responsible to their workers as they are to their shareholders.”
To date, just one company has been convicted pursuant to the Westray amendment to the Criminal Code. Montreal-based Transpave plead guilty in December, 2007 to criminal negligence charges stemming from the workplace death of 23 year old Steve L'Ecuyer. They were ordered to pay a $100,000 fine and an additional $10,000 for compensatory court costs.
Andree Beaulieu, L'Ecuyer’s mother told reporters she was disappointed with the fine and that no amount of money could address the loss of her son. She had hoped someone from the company would be sentenced to serve prison time for its negligence.
Want to know more about the preventable death of Lyle Hewer?
Want to know more about private criminal prosecutions?
Want to know more about the first conviction under the Westray Bill?
Want to know about WHSC training offered to help workplace parties understand this and other occupational health and safety laws—call 1-888-869-7950 or contact a WHSC near you?
Published by:
Workers Health & Safety Centre
802 – 15 Gervais Drive
Toronto, ON M3C 1Y8
Tel: (416) 441-1939
Toll Free: 1-888-869-7950
www.whsc.on.ca
Executive Director: Dave Killham
Director, Information Services: Loretta Michaud
Editor: Marty White
Submissions are encouraged. Reproduction is permitted, provided the source
is acknowledged and a copy sent to the Director, Information Services.
Please send comments and suggestions to marty@whsc.on.ca.