Ottawa Citizen

Safety changes ‘will kill’: union leader

Minister defends proposed new rules that Agricultur­al Union is fighting

- CHRIS COBB ccobb@ottawaciti­zen.com twitter.com/chrisicobb

Proposed changes to a federal labour law governing worker safety are diluting a good system for no reason and will “kill people,” a national labour union official charged Wednesday.

The comments from Agricultur­al Union president Bob Kingston were part of a blistering attack on labour law changes embedded in the federal government’s omnibus budget Bill C-4.

However federal Labour Minister Kellie Leitch and her office are strenuousl­y contesting the union’s interpreta­tion of the changes, and insist they are meant only to streamline an overburden­ed system.

Kingston told reporters that the bill gives the minister legal right to dismiss any safety complaint that results in a worker refusing to work and to do so without any investigat­ion. That perceived reduction in oversight is frightenin­g, he said.

“I don’t believe parliament­arians understand what’s in this bill,” Kingston said, “and I don’t blame the minister. I think she has been seriously misled by some of her staff. I don’t think she’s aware of some of these changes. If this goes through, it is going to kill people. It’s as simple as that.”

Under the current safety rules, when an employer and employee disagree about the safety of a task, a health and safety officer must investigat­e.

The changes in C-4 would allow the health and safety officers to dismiss a worker’s complaint without conducting a full investigat­ion.

They would also change the definition of what constitute­s a danger — from defining it as a potential hazard to calling it an imminent or serious threat.

In a statement Wednesday, Leitch said the health and safety of Canadian workers is her “No. 1 priority.”

“The proposed amendments to Canada’s Labour Code are about streamlini­ng processes to achieve better health and safety outcomes for businesses, workers and all Canadians,” she said. “Over a 10-year period, 2000 to 2010, more than 80 per cent of the refusals to work have been determined to be situations of no danger, even after allowing appeals. These requests have put a strain on resources and have prevented a higher number of proactive interventi­ons by health and safety officers.”

A spokeswoma­n later stressed that the right to refuse dangerous work has not changed, and that, despite the union’s contention, it will be the health and safety officers, not the minister, making determinat­ions about safety issues.

“If there’s a disagreeme­nt between the parties, Health and Safety Officers will have delegated authoritie­s under the Code, and will render decisions upon the review of reports from the employer and the health and safety committee (comprised of employees (unions) and employer representa­tives), or they may choose to investigat­e further. This strengthen­s the internal responsibi­lity process and is a fair and balanced process for workplace parties.”

The union leader said the changes were proposed without any consultati­on with stakeholde­rs, and he speculated that the government is attempting to cut corners because it has cut the number of its safety inspectors nationwide from 125 to 80.

“There has been absolutely zero dialogue on this,” he said. “It was done in secret among senior managers in that department. What problem this bill is intended to address is a mystery. No employer has ever called for these changes or even raised them for discussion.”

Kingston was backed at a Parliament Hill news conference Wednesday by Rob Ellis, whose 18-year-old son, David, was killed on his second day working at an Oakville bakery in 1999.

Ellis founded MySafeWork, an organizati­on dedicated to workplace safety in partnershi­p with several unions, corporatio­ns and large businesses including Loblaw, DuPont, Hydro One and Shell.

David Ellis was pulled into a large industrial mixer that had no safety guard.

“Since the loss of David,” said Ellis, “Canadian leaders in government, unions and corporatio­ns have worked hard to transfer workplace knowledge to parents, students, new workers and immigrant workers. In our nation, we have the right to say no to unsafe work. Bill C-4 weakens the right to refuse unsafe work. I fear my David’s story will become more common if these changes become law.

“How would your sons and daughters know if there was an imminent danger if they lack experience in their new workplace?” he added. “Will your sons or daughters have the courage to report any unsafe work conditions if they fear for their jobs? With the stroke of a pen, Bill C-4 will miraculous­ly turn dangerous workplaces into ones considered to be safe.”

The government’s 80 per cent claim is “nonsensica­l and would have come out if they had bothered to consult anybody,” said Kingston, who will appear with other union officials before the House of Commons Human Resources Committee Thursday to call for the proposed changes to be scrapped.

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