United Steel Workers Local 6166
Navigation:
 
Steel Gauntlet Online March, 2010
 Who Holds The Employer Responsible?
 By Murray Pappin, Chair, Health, Safety & Environment

There have been many examples of a worker being held accountable when failing to follow safety procedures and it is dealt with by the employers, through the discipline system. They state, this is a tool to change behaviours. Let’s say I agree with that. (For the record, I do not!).

There has also been many examples of where an employer has failed to provide a safe and healthy workplace. They usually say to an injured worker "You should have assessed the risk!". This does not change the unsafe condition, it only forces workers to figure out how to work "unsafely" safely. Behaviour based safety is only an excuse for an employer not to provide the proper tools, equipment and training necessary for the worker to work safely. So, who holds the employer accountable?

If you were to answer "Workplace Safety and Health Division," you would be correct. The only issue there is even though many workers have been injured, maimed and killed on the job and countless unsafe conditions identified, there has not been one charge "EVER", under the Workplace Safety and Health Act. I do know the Mines Inspection Branch has forwarded issues to the Crown Prosecutor, but they have never gone any further. Therefore, if it is not in the interest of the general public, it is not pursued. However, the general public does not work there. How about looking at what affects the workers instead!

It appears the Mines Inspection Branch need to have the end say, not Manitoba Justice. There has been "no" justice for the workers or their families.

Improvement order, after improvement order, is written on the same issue and nothing happens. Would a police officer give you a warning for speeding and then a little while later give you another warning for speeding? I am pretty sure the officer would have the ticket book out even before approaching your car the second time around.

Another worker was hit by mobile equipment and suffered serious injuries. One of the causes was he was not wearing high visibility clothing. Only months prior, an improvement order was issued to the circumstance and the company did not follow up. (Even though it has been law since 2006!). Instead of a charge under the Workplace Safety and Health Act, you guessed it – "Another improvement order!" If high visibility clothing was a company rule, he would have been disciplined for not wearing it.

In another instance, a worker sustained serious injury when he got caught in rotating equipment, no guards were in place, even though they are required under the law and you guessed it – "Another improvement order!" By the way, while on tour this week, I noticed the same type of equipment and "no" guard. I could give you example after example, but I am sure you get the point.

In closing, the workers need to know, when needed, there will be someone to help. The internal responsibility system still relies on employers to act, only if they wish. Repeated warnings are just not good enough!

In Solidarity
USW6166

cl/cope 342

 
property of usw6166