The president of the Nova Scotia Federation of Labour wants to see more criminal investigations in workplace deaths in the province.
Danny Cavanagh says despite the recent deaths of workers in Nova Scotia, no charges have been laid under the Westray Bill.
“There’s no sense in having a law if we’re not going to abide by the law,” said Cavanagh.
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The Westray Bill is named for the Westray Mine disaster, which claimed the lives of 26 coal miners in Plymouth, N.S. in 1992.
The bill was enacted in 2004, but Cavanagh says more accountability is needed when a worker dies in Nova Scotia.
He feels that workplace accidents in the province need to be treated as potential crime scenes.
“Often times, police are the first on the scene in a workplace accident, especially where there’s a death involved,” said Cavanagh. “They need to know that they can actually invoke provisions under the Westray law and do a criminal investigation if they warrant that’s needed.”
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NDP MLA Tammy Martin believes government needs to invest more resources into make sure no Nova Scotians die in the workplace.
“Too many Nova Scotians year after year die in their workplace and that is a crime,” said Martin.
“Nobody’s life should be in jeopardy going to work every day. In fact, we talked about it in the House, with health care and other professions, you should never have to jeopardize your life in order to provide an income for your family.”
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Justice Minister Mark Furey says there has been one case in Nova Scotia where an employer was charged under the Westray Act.
In 2013, mechanic Peter Kempton was killed following an explosion at a repair shop in Dartmouth.
The owner of the shop, Elie Phillip Hoyeck, was charged with criminal negligence causing death in connection with the incident. The Public Prosecution Service says Hoyeck was committed to stand trial in June. He will be back in Supreme Court in October to set dates for his trial.
In addition to the criminal charges, Hoyeck is also facing a number of offences under the Occupational Health and Safety Act.
“It’s the first in Nova Scotia. There’s only been eight in all of Canada so we’re seeing more attention to that criminal investigation,” said Furey.
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Furey says the province has hired a special prosecutor to work on workplace safety investigations in Nova Scotia.
“It doesn’t matter what criminal investigation it is, the safety of people in the workplace is a priority,” Furey said.
“But if you look at the broad spectrum of breaches of legislation, whether it’s provincial statue or the criminal code, where circumstances warrant, criminal charges should be laid.”