“We remember the 26 miners who died 32 years ago because of what a judge called ‘a complex mosaic of actions, omissions, mistakes, incompetence, apathy, cynicism, stupidity, and neglect’” says Bea Bruske, President of the Canadian Labour Congress. “We mourn them and honour their memory by fighting for work to be safe.”  

In 2004, after a fight led by the United Steelworkers that lasted over a decade, the Westray Law was passed, allowing for negligent employers to be prosecuted under Canada’s Criminal Code.    

Each year, roughly 1000 workers are killed and since the Westray Law took effect, over 18,000 workers have died because of their work.   

“The Law is an important tool and would save lives if it was enforced as it was intended. While not every death is the result of criminal negligence, robust and transparent enforcement of the Westray Law is needed to make work safer now,” continues Bruske. “20 years is too long for workers to wait for justice” 

The Canadian Labour Congress demands: 

• The appointment of dedicated investigators and prosecutors for workplace deaths and injuries, along with mandatory, standardized training for such positions; 
• Ensuring Crown attorneys are educated, trained and directed to apply the Westray amendments to the Criminal Code; 
• Mandatory training for police and health and safety regulators, supported by the necessary resources, on the proper application of the Westray amendments; and  
• Mandatory procedures, protocols and co-ordination in every jurisdiction for police, Crown prosecutors and health and safety regulators. 

“Workers have been advocating for meaningful enforcement of the Westray Law for 20 years,” said Bruske. “It is well past time for those employers who demonstrate a negligent disregard for the lives of those who work for them to feel the full weight of this law.” 

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The current pandemic presents a monumental challenge in the fight to prevent workplace injury, illness and death. As Canadian jurisdictions begin to open up sectors of their economy, it is critical that working people have the protections they need to be able to do their jobs safely and to get home to their loved ones at the end of each day.

Workers are on the front lines of this pandemic and yet do not always have the protections they need to stay safe.

The first priority is to prevent worker exposures, illness and deaths from COVID-19. However, workers also need to know that their workers’ compensation system will provide adequate benefits and supports if they become ill as a result of their work.

This requires broadening coverage to include all workers – including those in workplaces currently exempt from mandatory compensation coverage, as well as precarious and gig economy workers.

It also requires ensuring coverage for workers who must be quarantined or have to self-isolate as a result of a workplace exposure but may not yet have symptoms of the illness. This will require streamlining processes for workers and protecting the right to appeal decisions. This will further require the removal of systemic financial incentives for employer claims suppression related to COVID-19 infections.

Governments should also implement presumptive compensation coverage for COVID-19 related illness, so that workers are not denied access to supports, waiting for their claims to be accepted.

So far, only the province of British Columbia has moved towards implementing presumptive compensation coverage for some frontline workers, recognizing that streamlining the process for accessing supports will result in better health outcomes and safer return to work for workers at higher risk of COVID-19 infection.

Other Canadian jurisdictions must move quickly to do the same in order to ensure that workers have the supports and compensation they need when their work makes them sick.

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“As communities mourn workers we’ve lost this year, including many in recent weeks, we must remember that we owe it to them to do everything we can to protect all those who are still working in the midst of this crisis,” said CLC President Hassan Yussuff. “The best way to honour them is to fight for the living. Every person should be able to go to work without the fear of being infected, or of bringing this virus home to their loved ones.”

The theme for the annual memorial this year is “Stop the pandemic at work.” Across Canada, 4.9 million workers have been deemed essential, meaning they have to keep reporting to work. They are risking their lives every day, keeping the rest of us safe and supplied. Many of these workers are paid minimum wage and receive no benefits. Workplace injuries and deaths are preventable, even in a pandemic. All workers, in every sector, deserve to come home safe at the end of their shift.

“Canada’s unions are calling for paid sick leave and adequate personal protective equipment for every essential worker on the front lines right now,” said Yussuff. “This pandemic has demonstrated who the essential workers really are. It is up to us to ensure society never undervalues essential workers again. That means fair compensation, benefits and all manner of necessary protections.”

In Canada, workers have three basic health and safety rights at work: the right to know about what could harm them in their workplace, the right to participate in decisions that affect their health and safety, and the right to refuse unsafe work. Canada’s unions are working to ensure that all essential workers know their rights and are able to exercise them as we all do our part to fight the pandemic.

This year, to respect public health guidelines, mourners will be gathering virtually to hold vigils for those who have lost their lives or had their lives changed forever because of an incident in the workplace.

To join the CLC’s call for a uniform policy of 14 paid, job-protected sick days for all workers, sign our petition here.

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Health care workers are working overtime, playing a critical role for their patients across the country and around the world, often without access to adequate personal protective equipment.

“These essential health care workers are making unimaginable sacrifices, losing time with their loved ones, and risking their own health,” said Canadian Labour Congress President Hassan Yussuff. “At a time when these workers are being asked to go above and beyond – sometimes acting as the only support for patients because of quarantine – we need to make sure they have every piece of equipment they need to reduce their own risk and any risk to their families.”

Canada’s unions stand in solidarity with all health care workers. These jobs are always challenging – with a lack of funding, threat of violence in the workplace, the trauma and stress faced by many, and an ongoing shortage of professionals ­– but more challenging now than perhaps ever before.

“We need to pay tribute to these workers, and demonstrate our thanks by following the best advice of public health officials – washing our hands, not touching our faces, and staying home whenever possible,” said Yussuff. “We owe it to all essential workers to do everything we can to stop the spread of COVID-19.”

At the end of this crisis, when the recovery starts, Canada’s unions will continue to press for adequate funding to ensure health care workers always have what they need to provide Canadians with the best possible care. This includes funding for national, public pharmacare, which would reduce hospital visits from those who can’t afford to take their medications as prescribed.

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Income support will be critical to minimizing the economic impact of COVID-19.

In addition, the Canadian Labour Congress is calling on all governments and employers to take every step necessary to protect the health and well-being of workers, including health care workers who are on the frontlines of this public health emergency. These measures include:

1. Permitting flexible work arrangements, telecommuting, video and teleconferencing, ending non-essential travel, and postponing unnecessary meetings and events.
2. Providing paid sick leave under short-term disability and sick leave plans while maintaining drug coverage.
3. Providing 14 days paid sick leave for workers under prevailing federal, provincial and territorial labour standards to cover the quarantine period. 
4. Waiving any requirement for a doctor’s note to permit sick leave.
5. Prohibiting coronavirus testing as a condition of continued employment.
6. Working with Service Canada to take full advantage of the improved EI Work-Sharing Program to minimize layoffs.
7. Working closely with health and safety committees and unions to provide accurate and timely information to employees about accessing benefits and support.
8. Providing compassionate care and bereavement leave support to employees, as well as mental health counselling and support.
   

   Specific to health care workers, employers should, among other things:

    

9.  Provide an adequate supply of appropriate N95 respirators on hand as well as PAPR (for aerosol-generating procedures, e.g. intubation) and other personal protective equipment.
10. Conduct a risk assessment to determine all points of potential entry (and how to restrict them) and other points of potential exposure for workers (e.g. screening, triage, isolation rooms).

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“This is a critical step on the long road to banning asbestos, and will, without a doubt, save lives for generations to come,” said Canadian Labour Congress President, Hassan Yussuff.

The new regulations, under the Canadian Environmental Protection Act 1999 (CEPA), prohibit the import, sale and use of asbestos, the manufacture, import, sale and use of products containing asbestos, as well as the export of asbestos and asbestos-containing products, with a limited number of exceptions. Combined, this is a historic step to protect the health of Canadian workers and the public, and to address Canada’s history as an exporter of this deadly substance. With these regulations, Canada now joins 55 countries that have banned the use of asbestos.

Yussuff said that it will be crucial for protection from exposure to extend to everyone living in Canada, including those living in First Nations housing filled with asbestos-ridden vermiculite insulation.

“Because these diseases have a long latency period, the danger is not over, but this is the beginning of the end. Now we need the provinces and territories to show the same leadership that the federal government has shown and move quickly to take stock of where asbestos is, harmonize regulation around disposal and remediation, and ensure a comprehensive response,” he said.

“We can all breathe easier. The introduction of these regulations in a timely manner is the result of years of advocacy and hard work by people dedicated to safer, healthier workplaces. Today, I celebrate and thank the government for giving the next generation of Canadians a better future, free from the pain and suffering caused by asbestos,” said Yussuff.

A robust enforcement strategy to ensure compliance with these new regulations will be important to a successful implementation and to addressing the legacy of asbestos-contaminated workplaces.

“We look forward to continuing to work with the federal government on the broader whole-of-government strategy to protect Canadians from the harms of asbestos,” added Yussuff.

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“What I found [at Asbestos]… was a Quebec I did not know, that of workers exploited by management, denounced by government, clubbed by police, and yet burning with a fervent militancy. I was later to describe the strike . . . as a “turning point in the entire religious, political, social and economic history of the province of Quebec.”

_{P. E. Trudeau, Approaches to Politics. 2010}

The conservative Union Nationale was the government of Quebec. The Premier, Maurice Duplessis, was known as “Le Chef,” ruling the province with a strong hand. Supporters benefited from patronage, those in opposition were punished.  His time in office has been called La Grande Noirceur (“The Great Darkness”).  He championed a rural Quebec working with the Catholic Church to protect the population from the evils of Communism and militant Unions that would jeopardise American industrial investment.

In 1937 his government enacted the “La loi du cadenas” / “Loi protégeant la province contre la propagande communiste”, (Act to protect the Province Against Communistic Propaganda or as it was known the ‘Padlock Law’). This act made it illegal to use a dwelling to propagate Communism or Bolshevism. A violation would allow the Attorney General to padlock the building for up to one year.  A person guilty of involvement in prohibited activities could be jailed for thirteen months.  (In 1957 the Supreme Court of Canada struck down the law.) So when the miners struck their employers they also were taking on the right wing provincial government of Duplessis.

The miners wanted a wage of $1 per hour, union security, a pension, and action to check the spread of lung choking ‘silicosis’ caused by exposure to asbestos.  They did not have to wait long for premier to respond to their demands. On February 23 their strike was declared illegal and Duplessis dispatched a battalion of provincial police to the small town of Asbestos. For over two months calm in the community was preserved with almost a holiday atmosphere as people strolled about with music entertainment for the workers and their families but all that was soon to change.

Quebec supplied 85% of the world’s asbestos and the American Johns Manville Company began to hire replacement workers. The police supported them by intimidation and threatening the miners, breaking up their picket lines, even padlocking a church to prevent the miners from meeting there. The strikers fought back setting up roadblocks to prevent the “scabs” from entering the town.  On March 14 someone set off an explosion on the railway track leading into the plant and a company official was beaten by the workers.

Duplessis called the strikes “saboteurs” and “subversives.” At the picket lines the police attacked the strikers with tear gas and fired warning shots into the air. Strikers responded by dragging police from their cars and beat them. On May 6 a heavily armed provincial police force arrived arresting several strikers and beating them in the process. However, now there was a photographer for Time magazine as a witness making the strike worldwide news and the brutality of the police the central issue. Journalist Gérard Pelletier labelled them “Hitler’s elite troops.”

The culture that had allowed the Union Nationale to rule with an iron fist was cracking. Young intellectuals like future Prime Minister Pierre Trudeau came from Montreal to the support of the miners. The traditionally conservative union movement of the “Canadian Catholic Confederation of Labour (CCCL),” originally set up by the church to keep workers away from communist and radical unions, was itself fighting back against their employers and the government. Workers cheered militant union leader Jean Marchand when he spoke. Even the traditionally conservative Catholic Church found it was in sympathy with the strikers raising support to sustain the miner’s families.

The strike ended on July 1^st with Archbishop Roy mediating a settlement. While Quebec was starting its Quiet Revolution the workers would have to wait.  Many were not rehired, those that were continued to work in one of the most dangerous workplaces in the world. Trudeau, Marchand and Pelletier, would go on to play profound roles in shaping the political developments of Quebec and Canada. As for asbestos the health and safety struggles of 1949 continue to play out as it has taken Canada until this year to start banning it proposing the prohibition of the use, sale, import and export of asbestos and products containing the hazardous material.

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