The Ontario Federation of Labour

Tuesday, December 29, 2009

Sid Ryan, OFL call for Attorney General to investigate loss of life in construction accident to determine if criminal negligence a factor

(TORONTO) -- Ontario Federation of Labour president Sid Ryan is calling on Ontario’s Attorney General to investigate the tragic deaths of four migrant workers who fell to their death on Christmas Eve in Toronto when a scaffold they were working on broke apart. While the Ministry of Labour is looking into the health and safety circumstances around the accident, Ryan says that an investigation is warranted to determine if criminal negligence is a factor in these deaths.

“The province’s Attorney General has the power to undertake a criminal investigation and it should do so given the many unanswered questions in this tragedy,” said Ryan. "Although now faded from memory and little used by provinces, the Criminal Code of Canada was amended by Bill C-45 more commonly known as the "Westray Bill". It allows criminal charges to be laid if a company causes death or serious harm due to negligence".

Bill C-45 resulted from the death of 26 men when the Westray Coal mine exploded on April 5, 1992 in Pictou County, Nova Scotia.

“These were migrant workers and they didn’t have the protection of a union,” said Ryan. “How much on-the-job training and experience did these workers possess? Was there a qualified tradesman on-the-job with these workers? Did they receive any supervision?” Ryan also wants to know if there were safety lines and harnesses provided and if they were used by these workers?

“All workers in this province mourn the death of these four workers and our thoughts remain with the fifth worker who was seriously injured,” added Ryan.

In 2008, in Ontario alone, there were 488 fatality claims and 317,031 for work-related injuries and diseases reported to the Workplace Safety and Insurance Board. Ryan says that "317,031 injuries and diseases in 2008, is much too high and is equivalent to the entire population of London, Ontario being harmed on the job".

Mr. Ryan believes Ontario needs societal change in how we look at death, illness and injury caused by work, and the enforcement of the Westray Bill.

Contact:
Sid Ryan, President
Ontario Federation of Labour, p: 416.209.0066 (cellular)


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