Family fights to change laws surrounding unpaid interns after losing loved one

EDMONTON – An Edmonton family is calling for more stringent regulation of working conditions for unpaid interns in Alberta after a collision claimed the life of a young man.

Two years ago, 22-year-old Andy Ferguson was killed when his vehicle collided with a cement truck. His family believes he fell asleep at the wheel after an overnight shift at Astral Radio, which at the time owned Virgin Radio and The Bear. He worked at the latter as both an unpaid intern and a paid street team member.

The Fergusons claim Andy was being overworked, pulling long hours when the collision happened, including 16 hours in a 24 hour time period directly before the crash on November 1, 2011.

“He started his morning shift at the radio station at 6 in the morning and he worked until around 11,” says his brother, Matthew Ferguson. “He then had some time off, then he was back at the radio station at 6 o’clock that evening at night and he worked until 6 o’clock the follow morning.”

He hopes changes in regulations could spare another family the same tragedy.

“I think students who are working in a practicum or an internship need to have legislation laid out, be it at the federal or provincial level, that lays out, this is how long, this is the maximum you’re allowed to work,” he adds.

Since radio and television is a federally regulated industry, the Ferguson family’s MP Brent Rathgeber is bringing this case to the federal government.

“The federal government regulates federal industries, such as communication and broadcast, but as a post secondary student, that’s under provincial regulation and it created a gap and it potentially led, or at least contributed to, to a very tragic motor vehicle accident,” Rathgeber says.

In a letter to Andy’s family back in March, the Human Resources Ministry said: “in order to be protected under labour standards provisions, an employer/employee relationship needs to exist and it is not the case for practicum students.”

In a statement, Bell Media – which owns the stations now – says it fully cooperated with an investigation by the Labour Ministry, which found that the radio stations were compliant with the Canada Labour Code, and in Andy’s case, that the maximum hours of work were not exceeded. The station has released the following statement:

Everyone at 100.3 The Bear, Virgin Radio 104.9, and Team 1260 was devastated by Andy’s death, and their condolences were extended to the family.

Astral Media cooperated fully with the investigation by the Ministry of Labour, which found that the radio stations were compliant with the Canada Labour Code, and in Andy’s case, that the maximum hours of work were not exceeded.

While we consider the matter closed, we appreciate Matthew Ferguson’s campaign for protection for practicum students and interns. Bell Media adheres to best practices for our internship and student practicum placements, and we endeavour to provide a safe, positive, and rewarding experience for those beginning their careers in radio and television.

NAIT, meanwhile, where Andy was taking the Radio and Television program, had the following to say:

Andy’s death was a tragic loss for NAIT and for the Radio and Television program. Andy was a creative, passionate and dedicated student who continues to be greatly missed.

Privacy legislation prevents NAIT from commenting further on a particular student. An individual’s privacy rights continue even after death.

NAIT recognizes students learn from real-world experiences in work-based settings. Work integrated learning is an important part of this process.

The safety and security of our students is a priority for NAIT. NAIT’s legal agreements related to work integrated learning address compliance with Occupational Health and Safety and other employment legislation. All students participating in work integrated learning report back to their program regularly. In the event a work placement is not meeting the expectations of any of the parties involved, the placement is reviewed by the program and, if required, the student is re-assigned.

But the Fergusons and their MP would like to see more done.

“I think it’s incumbent on both levels of government to extend their regulations one way or the other to try to close that gap,” says Rathgeber, “to prevent another family suffering the tragic loss the Ferguson family did.”

With files from Quinn Ohler, Global News