Mounting Workplace Deaths Renew Call for Criminal Code Sanctions

TORONTO, ONTARIO--(Marketwire - Dec. 24, 2011) - Christmas Eve marks the second anniversary of the scaffolding deaths of four Toronto construction workers and a renewed demand for the use of the criminal code to punish those whose negligence results in a worker's death.

Since the 2004 criminal code provision - known as "the Westray Bill" - became law, there have been more than 500 deaths and 1.5 million injuries in Ontario; yet, there has not been one successful prosecution. Although its maximum sentence allows for life imprisonment, no one has spent even one day in jail.

Two ministries, the Attorney General and the Community Safety and Correctional Services, are responsible for ensuring that crown attorneys, police chiefs and officers are motivated and educated, but police regularly tell the OFL they either do not know about the criminal code provision or know about it only in the most minimal way.

"The public needs to know that everything possible is being done to stop the carnage in Ontario workplaces and that if a negligent employer is responsible for a worker's death, they will be arrested, charged and face jail time," said OFL President Sid Ryan.

The 2004 hi-rise workers' deaths fuelled the labour movement's demands for an overhaul of the province's outdated health and safety system and led to the most extensive revamp of the Occupational Health and Safety Act in 30 years. The changes hold great promise for reducing workplace deaths, injuries and diseases. But, in addition to prevention, punishment and penalties for those who flout the law, must become routine.

"The possibility of employer negligence must become part of every police investigation. Every worker killed by a negligent employer merits the same pursuit of justice as a fallen police officer. As we begin a new year, we are calling on the province to ensure that all possible tools are being utilized to reduce workplace deaths and injuries," said Ryan.

"2012 affords us a new beginning. Let's work toward a dramatic reduction in the number of ruined and lost lives."