CLC releases guide for investigating corporate negligence at work

Looks at role of police in enforcement, investigations

The Canadian Labour Congress has released a guide — Death & Injury at Work: A Criminal Code Offence — for investigating corporate criminal negligence in the workplace. The guide was written by two University of Ottawa law students based on research and advice from police officers, prosecutors, lawyers and worker health and safety representatives.

“Parliament passed legislation in 2004 holding employers criminally liable if they willfully fail to protect the lives and safety of their workers, but the provinces and territories hardly ever enforce that law,” said Ken Georgetti, president of the Canadian Labour Congress (CLC). “The guide that we have written provides practical information to police about how they can do that.”

Death & Injury at Work answers several questions including:

•What is the role of the police in enforcing the corporate criminal negligence amendments?

•How does an investigation under the corporate criminal negligence amendments take place?

•Can police rely on an OHS regulatory investigation to gain access evidence?

Following the Westray mine explosion in 1992 that killed 26 miners in Nova Scotia, Bill C-45 made amendments to the Criminal Code. But since they came into effect in 2004, only two provinces have used them to lay charges, said CLC.

“The intentions of Parliament and the language of the amendments is clear, but the enforcement is lax and that has to change,” said Hassan Yussuff, CLC secretary-treasurer. “If an employer willfully neglects health and safety, knowing that someone can be injured or killed, they should be held criminally responsible. Our guide shows how that can be done.”

The guide is available here.

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