July 4, 2013
The Honourable Kathleen Wynne
Premier of Ontario
Legislative Building
Queen’s Park
Toronto, ON M7A 1A1
Dear Premier Wynne:
Recent events have once again brought attention to the failure of the Technical Standards and Safety Authority (TSSA) to adequately oversee and protect public safety in key areas such as fuel and elevators. Since these responsibilities were privatized in 1997, the inability of industry to regulate itself has become increasingly evident. For the safety of Ontarians, the TSSA must be brought back into public hands.
On Thursday June 27 2013, Sunrise Propane was convicted of nine violations of environmental or health and safety regulations following an explosion in August 2008 that killed a worker, injured several nearby residents and sent debris, asbestos and fear through a Toronto neighbourhood. A firefighter was also killed fighting a fire caused by the explosion. The incident clearly demonstrates the failure of the TSSA, the industry’s principle safety regulator, to ensure the health and safety of Ontarians. The explosion occurred during an illegal truck‐to‐truck transfer. The judge hearing the case concluded that the TSSA had not been enforcing orders to get Sunrise to stop earlier similar illegal transfers. Further, the TSSA did not have an updated list of propane sites to be inspected at the time of the accident. Inadequate oversight on the part of the TSSA led to entirely avoidable injuries and deaths.
The ruling in the Sunrise Propane case comes just weeks after an appalling conflict of interest inhibited the ability of the TSSA to ensure the safety of Ontarians after elevator workers were forced to go on strike. The TSSA, which is responsible for regulating the safety of elevating devices in Ontario, announced during the strike that it would “allow elevators that have not had minor maintenance tasks completed to continue operating in order to minimize the impact on the public.” Minor safety violations can quickly escalate into major accidents. This complacency is entirely unacceptable and out of sync with the goals of your government’s newly established Prevention Council.
It was not surprising that the TSSA took this position because they are entangled in a conflict of interest. The TSSA publicly stated that they have “no role in the contract dispute,” yet in reality the organization is funded by employers. In addition, one of their board members, Kevin Lavallee, is a chief negotiator for the National Elevator Escalator Association. It is unacceptable that a chief negotiator for the employer is also on the board of the organization responsible for deciding whether or not elevators in this province are safe. If the TSSA had stepped in and declared elevators in the province unsafe during the labour dispute, it would have meant that Kevin Lavallee was essentially undercutting his own bargaining position.
Despite the Sunrise Propane tragedy and the safety crisis created during the elevator worker strike, the TSSA continues to be responsible for the protection of public and worker safety in the areas of fuels, elevating devices, amusement devices, ski lifts, boilers and pressure vessels, operating engineers, and upholstered and stuffed articles. Oversight in these areas used to be administered by the provincial government, until the responsibility was downloaded. While the TSSA is supposed to be accountable to the public, it owes its allegiance to industry, as its board of directors routinely includes strong representation from the industries it regulates.
The TSSA is a classic example of how self‐regulation is ineffective, inadequate and dangerous. In addition, the accountability measures that would usually apply to a government agency, such as oversight by the auditor general and ombudsman and a range of other mechanisms, do not apply to the TSSA. The auditor general has on several occasions expressed concerns that the TSSA lacks sufficient government oversight and that their enforcement activities have been inadequate.
It is clear that Ontarians need a more accountable and effective structure for ensuring public safety in these industries. We cannot wait for another accident to occur before taking action. The Government of Ontario must bring the TSSA’s functions back into public hands.
Sincerely,
[original signed]
PATRICK (SID) RYAN
President
Ontario Federation of Labour
SR/kn:cope343
cc: Hon. Tracy MacCharles, Minister of Consumer Services
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