Alberta minister 'disgusted' as dozens of construction sites fail safety blitz: Employment Minister Thomas Lukaszuk wants tickets for violations
For six weeks in October and November, provincial workplace officers visited 73 commercial construction sites involving 146 employers in Calgary, Edmonton and other parts of Alberta.
The industry was warned of the inspection blitz. In all, 214 safety violations were discovered. A quarter of the infractions were so serious that government officers issued orders halting work or the use of equipment because employees faced imminent danger.
Top hazards involved working at heights without adequate fall protection and failing to properly safeguard against threats, such as openings in floors.
"The results are nothing but disappointing; I'm quite disgusted with the numbers," Lukaszuk said.
"What it really tells me is that they're not getting it, and when I say they, I mean everybody involved," the employment minister said.
"I made it clear that the hammer is coming down, but these results lead me to believe that the hammer will have to get bigger and bigger until we curtail these numbers."
Opposition politicians and a labour leader are skeptical of Lukaszuk's tough talk, contending the government needs to hire a lot more inspectors and take more violators to court if it's serious about cracking down and improving job safety.
Alberta workers consistently face one of the highest fatality rates in the country. During the past decade's frenzied economic boom, 1,285 employees lost their lives.
Yet a Herald investigation published in June revealed Alberta was the least likely province to prosecute safety offenders in 2008.
"This is a really big problem. Tough rhetoric isn't going to fix" it, said Gil McGowan, president to the Alberta Federation of Labour.
"The only thing that is going to fix the problem is a dramatically different approach on the province's part to inspection and enforcement, and that means new resources."
The Stelmach government has embarked on a series of changes to its workplace enforcement system this year after numerous problems were exposed in separate probes by the auditor general and the Herald. On Tuesday, Lukaszuk pledged more measures are in the works, noting Alberta is examining workplace safety tools used in other provinces and countries.
In the meantime, increased scrutiny of commercial construction projects will continue, and inspection blitzes will expand next year to include residential construction and sectors that rely heavily on forklifts and young workers.
Lukaszuk said he's also ready to move forward with a ticketing system for workplace safety violations, a model in force in several other provinces.
Government occupational officers would be given the power to issue on-the-spot fines to employers and workers, an idea explored -- and later abandoned -- under the Klein government.
"These (inspection) numbers only reinforce my resolve in bringing it into play," Lukaszuk said.
Alberta Employment is ironing out the details of a workplace ticketing plan with the Justice Department. The measure would need Tory caucus and cabinet approval.
Ticketing systems, generally known as "administrative fines," vary widely across the country, ranging from penalties of a few hundred dollars in Ontario to hundreds of thousands of dollars in B.C., where the scheme is uniquely tied to an employer's size.
Strathmore-area farmer Darryl Roppel is encouraged by the Alberta government's renewed focus on workplace safety. His son Jordan was killed on the job nearly seven years ago at the age of 18, struck dead when a pickup truck's metal ball hitch broke and flew toward him.
Although provincial investigators determined proper safety practices weren't followed, no occupational charges were laid.
Roppel believes employers who break rules should be held accountable. More government inspections and on-the-stop fines should help improve job safety, he added.
"Nobody is checking these companies to see if these young kids are being properly trained," Roppel said.
"They always use the excuse that they don't have enough people to check up on this. Well, I think it's time they start getting some people to do this."
The Liberals and NDP aren't surprised by the troubling results of the government's construction inspection blitz. The opposition parties contend too many employers have been allowed to break safety rules without tough consequences for years.
Grit MLA Hugh MacDonald, the party's labour critic, wants the province to pour more money into enforcement by reducing insurance rebates given to companies with government-endorsed safety certificates. Last year, employers received $70 million in rebates from the Workers' Compensation Board, while $15 million was spent enforcing workplace laws.
MacDonald noted over the past five years that between 65 and 80 per cent of all job site inspections resulted in the issuing of a safety order.
"A lot of these violations save the owners time and money in the short run," the Liberal MLA said. "Voluntary compliance hasn't worked."
Calgary Herald, Wed Jan 5 2011
Byline: Renata D'Aliesio
Agriculture worksites bigger violators than construction sites: union
"If government inspectors had the right under the law to investigate agricultural worksites, I have no doubt they would find at least as many violations as they would in construction," said Gil McGowan, president of the Alberta Federation of Labour.
"In fact, I would expect they would find more."
Immigration and Employment Minister Thomas Lukaszuk announced Tuesday he was "disgusted" with the results of a six-week blitz that involved inspecting nearly 300 construction sites.
As a result, 214 violation orders were issued, including 39 stop-work orders.
The AFL has been calling on the provincial government to make Alberta's workplace safety laws inclusive of agricultural work.
As it stands, Alberta Occupational Health and Safety has no jurisdiction to investigate farm workers.
McGowan said 13 farm workers have died on the job in the past year, while around 160 have been killed over the past nine years.
"It's not surprising the agriculture (industry) has such a high fatality rate," McGowan said.
"It's directly linked to the fact the sector is not covered in the health and safety code."
As of September 2010, there have been 40 deaths in the construction industry this year, compared to about 15 at the same time in 2009.
Edmonton Sun, Wed Jan 5 2011
Byline: Michelle Thompson
Two men electrocuted in Edmonton: Grain auger contacted overhead power line
EDMONTON - Two men are dead after farm machinery they were transporting came in contact with an overhead power line Thursday evening.
Occupational Health and Safety sent investigators out to the accident, but they left shortly afterwards without conducting a full investigation. The deaths happened on a farm, and farms aren't covered under Alberta's workplace safety laws.
Alberta is the only province in Canada where farm workers are not covered in some capacity by workplace legislation.
Minister of Employment and Immigration Thomas Lukaszuk said agriculture is an unusual industry where home life and the workplace meet.
"It's an industry where often there is no payroll," he said. "It's an environment where people actually live."
He said that makes it difficult to enforce OHS laws, because you have to sort recreational accidents from work-related ones.
Lukaszuk said he looked at other provinces where such legislation exists and found it's rarely enforced. He said it's more important to get the industry on board with safety practices than to lay charges after injuries or deaths occur.
He said his department is consulting with people at all levels of the agricultural industry to find out what sorts of laws will suit everyone best, instead of putting blanket legislation in place.
Gil McGowan, Alberta Federation of Labour president, called the current lack of protection for agricultural workers outrageous.
"All these arguments about the family farm ring hollow," he said. "There was a time when Alberta's agricultural sector was dominated by small family farms, but that time has passed. The sector is now dominated by large, multinational companies. To say those companies should be given special exemptions because they're small farms is simply ludicrous."
The men who died Thursday were transporting a grain auger from a grain truck on a farm leased by B&R Ranch Ltd. near Meridian Street and Ellerslie Road. The machinery snagged an overhead power line and the men, ages 54 and 62, were electrocuted, police said in a news release.
In a typical workplace fatality, OHS investigators interview witnesses and gather evidence, reconstructing the incident piece by piece. If someone dies while using machinery, a stop-use order is often placed on the machine. Sometimes work is stopped on the entire site.
Once the investigation is finished, officials determine whether the occupational health and safety act was violated, and whether charges should be laid. The resulting employer and industry track records are searchable and available online at http://employment.alberta.ca/apps/er/ERSearch.html.
McGowan said without investigations and enforcement, there's no impetus for farm owners to enforce or adhere to safety standards.
"These ongoing exclusions send the message that farm workers are second-class citizens," he said.
The names of the victims are not being released.
Edmonton Journal, Sat Dec 4 2010
Byline: Conal Pierse
Death of farm workers shows absurdity of Alberta safety laws:Agricultural workers deserve the same protection as others, says AFL
Edmonton - The death of two Edmonton area farm workers is proof that Alberta's workplace safety laws need to be extended to include agricultural workers, says the Alberta Federation of Labour (AFL).
"It is simply absurd that investigators from Alberta Occupational Health and Safety were dispatched to investigate the death of these two workers, but had to abandon the investigation and leave the site when they discovered this happened on a farm," says Gil McGowan, president of the AFL, which represents 140,000 workers.
"Today's farms are industrial workplaces just like any other - as this accident involving large equipment and power lines shows," he says.
Alberta remains the only province that maintains 19th century rules where farm workers are excluded from occupational health and safety laws, as well as legislation governing hours of work and overtime, statutory holidays, vacation pay, the right to refuse unsafe work, being informed of work-related dangers and compensation if they are injured on the job. In the nine years the Alberta government has said it is consulting on how to improve safety for agricultural workers, 160 people have died on farm worksites.
"This is clear evidence, if any more were needed, that the government's decision last week to focus on education and training to improve farm and ranch safety is completely inadequate," says McGowan. "It's time the government acted on the recommendations made by Justice Peter Barley in 2008, while investigating another death, that farm workers be included in Alberta's Occupational Health and Safety Act (OHSA)."
The government, bowing to the powerful agribusiness lobby, has instead set up an industry dominated advisory council to look into enhancing education and training, says McGowan. "This council will be an industry-dominated joke," he says.
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Media Contact:
Gil McGowan, President, Alberta Federation of Labour @ 780-218-9888 (cell)
Farming accident renews calls for updated workplace safety laws
Two men are dead after an accident on a farm in southeast Edmonton.
Emergency crews responded to the scene at 3:30 am on Friday in the area of Ellerslie Road and Meridian Street where they discovered the bodies of two men.
A grain auger the men had been working on came in contact with an overhead power line, electrocuting both of them.
A neighbouring farmer reported the incident to 911.
The names of the two victims have not been released, but according to police they are 62 and 54 years of age.
Edmonton police are investigating, but say the incident is non-criminal.
The Alberta Federation of Labour says the incident shows that Alberta's workplace safety laws need to be upgraded to include agricultural workers.
"It is simply absurd that investigators from Alberta Occupational Health and Safety were dispatched to investigate the death of these two workers, but had to abandon the investigation and leave the site when they discovered this happened on a farm," Gil McGowan, president of the AFL, which represents 140,000 workers said in a written release.
"Today's farms are industrial workplaces just like any other - as this accident involving large equipment and power lines shows," he said.
Alberta is the only province where farm workers are not covered by occupational health and safety laws, as well as legislation governing hours of work and overtime, statutory holidays, vacation pay, the right to refuse unsafe work, being informed of work-related dangers and compensation if they are injured on the job.
Global News Saskatoon, Fri Dec 3 2010
Byline: Lauren Reid, Karyn Mulcahy
AFL calls for change after farm deaths
Two men, aged 62 and 54, were electrocuted when the grain auger they were moving hit an overhead power line near Ellerslie Road and Meridian Street. They were found early Friday morning.
The federation's president Gil McGowan points out farmers are not covered under Occupational Health and Safety or the Workers' Compensation Board. He says it's time for change.
"This is an argument that the Alberta government has been making for years, that you, quote, 'can't over-regulate' the family farm," says McGowan. "In reality, most of the people working in the agricultural sector are not working for family farms, they're working for big agri-business."
Even though OHS staff members were called to the scene, they were not able to do their job.
iNews880, Fri Dec 3 2010
New farm safety council to review worker protection: Labour body says Alberta waited too long
The Alberta government announced on Tuesday the creation of a new farm safety advisory council, but the move was immediately panned by those who believe the government has already waited too long to enact legislation to protect agricultural workers.
"No matter how they try to dress it up, this announcement proves the government of Alberta is not willing to stand up for the rights of agriculture workers," said Gil McGowan, president of the Alberta Federation of Labour.
However, Agriculture Minister Jack Hayden said the new advisory council, with representation from safety organizations, municipalities, agricultural organizations and workers themselves, will examine a number of options -- without overregulating or increasing the financial burden on small farm operations. Primarily, the council will look at farm safety education and training, and recommend an action plan to government.
"We need to have the primary producers and the people who are actually in the industry tell us what is going to be the most effective, so that at the end of the day we're not complicating peoples' lives, we're saving them," Hayden said.
The minister said one of the issues the advisory council will look at is whether some agricultural operations should be covered by provincial occupational health and safety legislation if they are primarily a "commercial or an industrial operation, and not an actual primary producer operation."
But McGowan argues it's now large agribusiness that dominates the farm industry -- and needs solid workplace safety rules -- not small family farms.
Last year, 13 Alberta farm workers died on the job.
Alberta is the only province in Canada that exempts farm operations from worker safety laws.
Provincial court Judge Peter Barley took exception with this exclusion in his January 2009 fatality inquiry report on the 2006 death of farm worker Kevan Chandler at Tongue Creek Feeders near High River.
"No logical explanation was given as to why paid employees on a farm are not covered by the same workplace legislation as non-farm employees," Barley wrote in his report.
Barley recommended that paid farm workers, excluding family members, should be included in legislation governing workplace safety.
The judge's recommendations prompted the government to order a consultation on farm safety, hiring Camrose-based Stroh Consulting to canvass farm organizations and other business groups.
That consultant's report, released by the agriculture department on Tuesday, found that farming is one of the riskiest occupations in Canada and organizations representing workers "say their members feel unprotected and demand some changes."
It also found agriculture is a rapidly changing business, with challenges including employee retention, and language barriers in employing some foreign workers.
The report makes a number of recommendations, including for the government to research what is being done in other provinces, and consider including contractors "carrying out non-agricultural work on farms" under the province's occupational health and safety legislation.
Richard Truscott of the Canadian Federation of Independent Business said he is encouraged by the direction the government is moving in, but hopes the advisory group includes actual farmers.
"It's important they hear directly from farmers themselves," Truscott said.
The members of the advisory council will be determined in the new year, government officials said.
Calgary Herald, Wed Nov 24 2010
Byline: Kelly Cryderman and Renata D'alisio
Government’s ‘completely inadequate’ plan on farm safety will leave workers at risk: Conservatives have clearly caved in to pressure from industry, says AFL
Edmonton - The Alberta government announcement that it is forming an advisory council on farm safety is a stab in the back for all farm workers, says the Alberta Federation of Labour.
"Once again, the government has chosen to waste a real opportunity to improve working conditions on farms and ranches," says Gil McGowan, president of the AFL, which represents 140,000 workers. "Once again, the government has chosen to listen to the agribusiness lobby and ignore the voices of working people, of safety advocates and even a provincial judge."
The move to create a council to advise the government on how to "enhance farm safety education and training" is an empty gesture. The government says the council will be co-chaired by industry and government, but no leadership role is given to workers or their advocates - the people whose lives are on the line.
"This council will be an industry-dominated joke. Following on Employment Minister Thomas Lukaszuk's refusal to act on recommendations to increase minimum wage, it shows just how little the minister is willing to do for our most vulnerable workers. Much like Energy Minister Ron Liepert's advisory committee on energy policy, it shows who really calls the shots in this province - big-business pressure groups," says McGowan.
Alberta remains the only province that maintains 19th century rules where farm workers are excluded from occupational health and safety laws, as well as legislation governing hours of work and overtime, statutory holidays, vacation pay, the right to refuse unsafe work, being informed of work-related dangers and compensation if they are injured on the job. In the nine years the Alberta government has said it is consulting on how to improve safety for agricultural workers, 160 people have died on farm worksites.
In 2008, after being asked by the Premier to investigate the workplace death of Kevan Chandler, Justice Peter Barley recommended that farm workers must be included in Alberta's Occupational Health and Safety Act (OHSA) to prevent future workplace injuries and deaths.
"Rather than take that obvious and simple step, we have an industry-dominated advisory body looking at education measures! It is completely inadequate and an absolute failure by the province to protect agricultural workers," says McGowan. "This is what you get when governments talk only to the business community and not to workers."
The government claims that work-related protections, such as employment standards and occupational health and safety rules, will punish family farms. That argument is not based on fact. Large agribusiness dominates the industry. Farms with income over $250,000 accounted for three-quarters of farm cash receipts in 2007.
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Media Contact:
Gil McGowan, President, Alberta Federation of Labour @ 780-218-9888 (cell)
September 2010: Say no to private health care; reforming broken revenue system; McKesson strike over; Canada Malting workers on strike in Calgary
Say 'No' to private health care!
- At 10 a.m. on Friday, Sept. 10, those who value public health care can join a rally organized by Friends of Medicare at the facility operated by the Health Resource Centre (HRC) at #1, 1402 8th Ave. N.W., Calgary. In case you missed it in the news, HRC is the private health care provider that has filed for bankruptcy and required a bailout of millions of dollars from taxpayers. For more information on the rally ... and for the FOM blog, click here ...
Reforming broken revenue system vital to Alberta's future
- The global economic news is gloomy and it's clear that Alberta's recovery from the recession is still on shaky ground. The problems have been compounded by a broken revenue system that is dependent on volatile resource revenues. It's time for a grown-up conversation on how to fix our revenue system. For more information ...
McKesson Canada strike in Edmonton is over
- After 66 days on the picket line, members of UFCW 401 at McKesson Canada in Edmonton are going back to work, after voting to accept a memorandum recommended by the union that included significant pay raises and improvements in vision and dental care. For more information ...
Canada Malting workers on strike in Calgary
- Members of UFCW 1118 who work at Canada Malting began a strike on August 24, after voting 80% to reject the company's final offer. Please join them on the picket line. For more information ...
Urgent Action
Labour movement urged to help Pakistan flood victims
- The Canadian Labour Congress, in co-operation with the Canadian Red Cross, is working to provide an easy way for union members to make a donation to help flood victims in Pakistan and instantly receive a tax receipt. The federal government will match individual donations until Sept. 12. From now until Sept. 30, 2010, you can make a secure donation by clicking here ...
Events
- September 5, 2010 - Calgary Pride Parade, 8th Avenue and 8th Street SW, Calgary
- September 6, 2010 - EDLC Annual Labour Day Barbeque, Giovanni Caboto Park, 11:30 a.m. to 3:30 p.m.
- September 6, 2010 - CDLC Annual Labour Day Barbeque, Calgary Olympic Plaza, 11:00 a.m. to 2:00 p.m.
- September 10/11, 2010 - CDLC Municipal Election Training Workshop. For more details ...
Did you know ...
The following provisions and protections are in existing health acts the Alberta government wants to replace with the Alberta Health Act:
- the prohibition on the operation of private hospitals;
- the limits to and conditions on the provision of private surgical services;
- Doctors opting in or out (not practising in both the public and private systems);
- prohibited fees; and
- the prohibition of queue jumping.
August 2010: New website; AB sheds jobs; Workers still at risk; Farm Workers at risk; Next Up Alberta
Welcome to our new website
- The Alberta Federation of Labour has a new website and is now on Facebook and Twitter. We'd really like you check out the site (let us know what you think) and we believe you'll find it worthwhile becoming Fans of our Facebook Page and becoming Followers on Twitter. You can do all that by following the links below.
Visit our new website
Connect on Facebook
Follow AFL on Twitter
Alberta sheds 13,000 full-time jobs in July
- Premier Stelmach recently called on the federal government to end stimulus spending and let the private sector lead us to economic recovery, but the facts show his ideas are irresponsible. Alberta lost 13,000 full-time jobs last month, proving that the recovery is still fragile and that a reduction in government spending could cause a double-dip recession. Read more ...
Workers still at risk, thanks to watered-down government plan
- The Alberta government had a chance to take concrete action to save the lives of working Albertans by using a website to publish the names of employers who violate the Occupational Health and Safety (OH&S) Code - but it appears to have bowed to industry pressure by announcing a watered-down plan. For more information ...
Government set to ignore judge's recommendations on farm workers
- Reports that the Alberta government will not include farm workers in health, safety and employment standards legislation, despite a recommendation to do so by a provincial judge in 2008, could lead to a constitutional challenge. Meanwhile, the government continues to allow unsafe and potentially exploitative working environments to continue. Read more ...
Urgent Action
Sign up for Next Up!
- Applications are now being accepted for the second year of Next Up Alberta: A Leadership Program for Young People Committed to Social and Environmental Justice. This is an amazing, intensive and transformative program for young social-change activists between the ages of 18 and 32. Read more ...
Events
- August 22, 2010 - Farm Workers' Day, 12:00 noon to 5:00 p.m., Turner Valley
- August 29, 2010 - Big Splash Open Golf Tournament, 8:00 a.m., Raven Crest Golf Course
- September 5, 2010 - Calgary Pride Parade, 8th Avenue and 8th Street SW, Calgary
- September 6, 2010 - EDLC Annual Labour Day Barbeque, Giovanni Caboto Park, 11:30 a.m. to 3:30 p.m.
- September 6, 2010 - CDLC Annual Labour Day Barbeque, Calgary Olympic Plaza, 11:00 a.m. to 2:00 p.m.
- September 10/11, 2010 - CDLC Municipal Election Training Workshop. For more details ...
Did you know ...
- Between 2006 and 2009, there were 142 fatalities on Alberta worksites, but only four convictions for fatalities that occurred since 2006. That's a 2.8-per-cent conviction rate for worksite fatalities. If we add the 17 charges that are pending, Alberta prosecutes at a rate of 14.8 per cent. What about the 120 other workers who have lost their lives on worksites since 2006?
- All of the 2009-2010 convictions are on guilty pleas, which shows the government's unwillingness to litigate OH&S cases. They appear to only go to court when they have 100-per-cent chance of winning, meaning they aren't willing to put any resources toward making employers accountable.
- The vast majority of 2009-2010 convictions were for incidents that occurred more than four years ago. Victims and their families are waiting a long time for resolution.
- Since 2005, Alberta Justice can't account for eight of the 57 fines levied against employers, according to a Calgary Herald investigation into prosecutions/convictions.