This past year was a busy one in health and safety with many conferences on both sides of the border, including the USW International Health and Safety Conference in Pittsburgh, Pa. last August.
In Canada, we had the district 3 and 6 conferences and the Annual Assembly in District 5.
Our Justice Conference in Gatineau, Que., provided delegates with the opportunity to participate in many new health and safety workshops to gain a better understanding of mental health issues including suicide awareness, workplace violence and harassment, how to have effective and successful Health and Safety Committees, workplace accommodations and the USW Emergency Response Team.
It has been five years since the onset of the pandemic and we are still catching up.
2024 marked two significant historic health and safety events: the 20th anniversary of the enactment of the Westray Law and the 50th anniversary of Elliott Lake miners’ wildcat strike. Both were of great consequence to our union.
Every year, there are multiple government health and safety and workers’ compensation consultations and reviews which impact changes to related legislation. Unfortunately, many are ongoing and thus far, there has been little improvement for workers.
On a national level, the USW has revitalized our Stop the Killing campaign to have the Westray amendments to the Criminal Code be enforced consistently. We have revamped and are reinvigorating the campaign.
All our materials have been updated with a new look and brand. There will be a public awareness campaign and boots on the ground in 2025, which will involve working with our members and federations of labour, the Canadian Labour Congress (CLC) and others pushing all levels of government to endorse the USW’s updated resolution calling for mandatory procedures and protocols in every jurisdiction and mandatory training for police, Crown prosecutors, health and safety regulators and others involved in the investigation process through the Westray lens.
The USW is working on securing approximately $250,000 for police training which will be placed on the Canadian Police Knowledge Network. This will make the mandatory training available for all facets of police.
Presently, there are three active criminal investigations under the Westray Law: at the Come by Chance (Braya) Oil Refinery in Newfoundland; National Steel Car in Ontario; and Bois Ouvré de Beauceville in Quebec.
Here are highlights of what has and hasn’t happened in the 20 years of the amendment:
- Fatality statistics from 2004 to 2022 show that there were 18,419 accepted claims for workplace deaths, an average of 1,023 accepted fatal claims per year.
- There have been 26 charges with only 11 convictions.
- Four out of the 11 convictions involved jail sentences; one of the four was to be served in the community; and one sentence is being appealed (R v King).
- Other minor changes have been made in health and safety legislation, but there hasn’t been any real positive change in the workplace.
- Three-and-a-half years is the longest prison sentence: for the supervisor/project manager in the Metron construction case where four workers died and one was seriously injured.
- One out of the 11 convictions included charges for a serious injury, which was also in the Metron case.
- One out of the 11 convictions ordered restitution (i.e., money paid to the family (R v Detour Gold Corp.)).
In Ontario, the provincial government just announced a minimum fine of $500,000 for repeat offenders under the Occupational Health and Safety Act.
This is the result of the efforts of the USW District 6 Director, staff and Health and Safety Co-ordinators along with local union leader Frank Crowder in numerous meetings with the Minister of Labour and ministry staff. This is a good start, and the union hopes to win improvements on when it applies, how it applies and how much this minimum fine will be in the future.
We have produced two new testimonial videos from two widows who lost their loved ones at work, and they have also signed on to support our reinvigorated Stop the Killing campaign: Trudy Cowan (National Steel Car in Hamilton) and her daughters and Nora Peddle (Braya Oil Refinery, in Come By Chance, N.L.)
You can find the videos on the USW Métallos YouTube channel:
All proceeds from fines and victim surcharges stay with the Ontario government, essentially profiting from worker fatalities. This money should be used to fund training and provide resources to better enforce the Westray amendments to prevent further workplace deaths and hold employers to account to the full force of the law.
District 6
- The USW Justice Conference was held Oct. 2-4, 2024, with new workshops like Mental Health 101 and Suicide Awareness.
- Stress is now recognized as a workplace injury in Nova Scotia, as of November 2023. Prior to these changes, gradual onset stress was excluded from coverage under the Act. The Act now allows for entitlement to compensation for work-related gradual onset mental stress.
- Parkinson’s disease due to aluminum powder exposure (McIntyre Powder Project – Janice Martell) is now presumed work-related in Ontario, which was a historic win.
- Permissible exposure limits for diesel particulate were drastically reduced in Ontario, thanks to USW Local 6500’s campaign on lower diesel exhaust.
District 3
Multiple mine code consultations
- Reviews of the B.C. Mines Code and threshold limit values (TLVs) for asbestos, welding fumes and coal dust resulted in updates added to the code.
- Diesel particulate matter TLV was updated but has a one-year implementation date and will come into effect at the end of 2025.
- Other B.C. Mines Code reviews and updates include safeguarding for machine equipment, working around water and updated regulations on tailing storage facilities and dams.
- The shift length adjustment formula is being reviewed and will be completed for inclusion in the new code book as of November 2025.
- A new review in 2025 is being undertaken on violence, bullying and harassment as there is no current language in the code on this issue.
Workers’ Compensation Board Reviews
- A First Aid Regulation review was completed and a new regulation is in place as of Nov. 1, 2024.
- New regulations have been achieved on asbestos certifying contractors and training for workers doing asbestosis abatement work.
- An annual review of TLVs has led to updates added to regulation.
- The Combustible Dust Regulation has been sent to the board of directors for approval likely in the second quarter of 2025. This review has been ongoing since 2018.
- A review of the Violence Bullying/Harassment regulation and policy, ongoing since 2017, was sent to the board of directors. If approved, it may be as late as the third quarter of 2025 before it is implemented.
District 5
- A new law and regulations in Quebec require all Occupational Health and Safety (OHS) education materials be updated by the Quebec Labour Federation (FTQ) and will be reviewed by District 5.
- The 2024 District 5 Annual Assembly adopted a resolution to put together a case showing the lack of CNESST inspectors, either when they refuse to write a report, refuse to go on site, or when the delays are unreasonable. The CNESST (Commission des normes, de l’équité, de la santé et de la sécurité au travail), is the workers’ compensation board in Quebec and also covers labour standards, equity and occupational health and safety. It’s defined as a para-governmental organization.
- A Quebec interunion Health, Safety and Environment Summit meets in mid-April 2025, and 350 people from the FTQ are expected to attend.
- The union is following a Westray case where three of our members were killed and the trial is expected to start in 2025.
- Bill 59/Law 27 is now in force, deeply affecting our members’ rights on both prevention and compensation. We’ve been active on the CNESST committee responsible for bargaining and implementing the new regulation for prevention which hasn’t been adopted yet.
- District 5 has been active regarding CNESST inspectors who are more and more reluctant to render decisions when they are called to investigate workplaces. We are putting pressure via the CNESST board of directors, where the District 5 Director is a representative for the CNESST to take action and have its inspectors correct hazards and risks in workplaces.
- The Administrative Labour Tribunal is hearing more and more cases from employers who contest every decision rendered by the CNESST with the hope of bringing their public insurance costs down. This puts pressure on our members who then ask the union for assistance, often faced with medical experts and reports from employers trying to diminish their benefits.
- A new bill is in force to prevent sexual harassment in the workplace. That bill also prevents employers from accessing confidential medical information.
- The CNESST has taken a hard stance against communicating information and we are currently adjusting to these new obligations when it comes to defending our members’ rights.
Our union is THE health and safety union; the USW is a leader in Canada where we can proudly say we have continually lobbied and changed the Occupational Health and Safety legislation to provide better health and safety conditions in all workplaces.