The Government of Alberta has announced a new partnership with
ten different police agencies across the province to define
protocols for the investigation of serious workplace occupational
health and safety (OHS) incidents.
The agreement is titled the "Westray Memorandum of
Understanding", named for the Westray Mine disaster in
Plymouth, Nova Scotia, which killed 26 underground miners on May 9,
1992. The release coincides with the National Day of Mourning,
which commemorates workers that have died on the job. This year,
the National Day of Mourning comes just days before the
25th anniversary of the Westray mine incident.
A subsequent inquiry into that incident found that the disaster
could have been prevented by better management and government
oversight. In response, the federal government amended the Criminal
Code to permit criminal charges against worksite supervisors,
managers and employers in cases of serious workplace injuries or
fatalities.
Since the 2004 amendments to the Criminal Code, there
have been 11 prosecutions in Canada, leading to three convictions
and one person imprisoned. There have not yet been any such
prosecutions in Alberta.
Although the police and government have worked together in the
past in the investigation of workplace incidents, the Westray
Memorandum of Understanding formally sets out procedures to assess
incidents and defines processes for notification, investigation and
communication between departments. It is designed to assist police
services, OHS officers and the Ministry of Labour coordinate
information, and help agencies work together to determine if an
incident involves potential OHS violations, criminal activity or
both. Plans are also in place for joint training
initiatives.
Ten police services across the Province have signed on to the
Memorandum of Understanding, including the RCMP K Division, Calgary
Police Service and Edmonton Police Service.
Labour Minister Christina Gray stated the following regarding
the Memorandum of Understanding:
Prime Minister Justin Trudeau similarly made a statement on the
National Day of Mourning, reiterating the federal government's
commitment to "working to ensure the Westray law is applied
effectively, and negligent employers are held responsible."
The statement promised training for labour inspectors and police,
and the sharing of investigative best practices across
jurisdictions.
Despite the increased legislative and policy focus on workplace safety in the years since the Westray Mine disaster, 144 people lost their lives last year on work sites in Alberta. Albertans can likely expect to see more coordinated and timely workplace investigations, and the potential for an increase in criminal charges being laid.
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