a sad, yet preventable, tragedy occurred in 2008 when 3 men lost their lives and 2 other men’s injuries resulted into a coma…when their entered a confined space at a mushroom farm in langley, british columbia. 3 years later, the employees were fined on average $10,000 for each of the three owners! so, if you wonder how much your life is worth in the eye of the justice system in bc, you just found out…it’s $10,000 for the owner of the company you work for!
it’s a sad day in british columbia’s court system, it’s a sad when the judge in the 21st century is so ignorant that does not understand the simple language of Bill C45.
Bill C-45 added Section 217.1 to the Criminal Code which reads:
“217.1 Every one who undertakes, or has the authority, to direct how another person does work or performs a task is under a legal duty to take reasonable steps to prevent bodily harm to that person, or any other person, arising from that work or task.”
it seems it’s quite true that what one does not know, one ignores. the responsibility of an owner/employer is to ensure the health and safety of its employees under the Workers Compensation Act (115).
115 (1) Every employer must
(a) ensure the health and safety of
(i) all workers working for that employer, and
(ii) any other workers present at a workplace at which that employer’s work is being carried out, and
(b) comply with this Part, the regulations and any applicable orders.
the employers are guilty…they should have received jail time! to cause the death of a person needs to be valued more…than just $10,000!
among other, here are some of the items that the employers in this case are guilty of:
- failure to implement a confined space entry program
- failure to properly identify a confined space
- failure of providing proper training to their workers
there are many more, but it’s quite clear that the employers are criminally guilty of causing the deaths of 3 men, and causing adverser health effects to 2 others. shame on the british columbia’s justice system…shame on the judge that provided this ruling. perhaps the judge should take a course in Occupational Health & Safety! the basics of the responsibilities under the Workers Compensation Act are taught in the initial course…
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