Fines spike for unsafe job sites: Alberta firms ordered to pay $3.6M this year
A little more than halfway through the year, the dollar amount of fines levied against Alberta companies convicted of workplace safety violations is more than twice the total amount from all of last year.
More than $3.6 million in fines have been handed down so far this year, compared to around $1.7 million for all of last year.
The higher total is a sign the courts are growing weary of companies that let safety fall by the wayside, those involved in prosecuting the cases say.
However, critics say Alberta still lags far behind other provinces when it comes to going after companies whose workers die or are seriously injured on the job.
The doubling can't be pinned on a proportionate increase in convictions. The fines this year have come against 14 companies, while last year's total came against 12 companies.
What the 2008 numbers do show are heftier fines compared to years past, with the average penalty sitting just above $280,000 so far this year. The maximum fine is $500,000.
The hike in punishments shows courts are growing "increasingly intolerant" of workplace safety violations, said provincial Occupational Health and Safety spokesman Barrie Harrison.
"They're tired of seeing these things. They're throwing the book at (companies)."
Harrison said he's not aware of a company that's been taken to court twice by the province, an indicator they get the message sent by the fines.
All but three of the 14 convictions this year have been in connection with workplace deaths.
The cases stemmed from incidents dating anywhere from October 2003 to August 2005.
Brian Caruk, an assistant chief Crown prosecutor who handles 20 to 30 workplace safety cases a year, said judges have been raising the fines because whatever they've handed out in the past hasn't shown them companies are changing their ways.
"Companies are in business to make money, and if they're funneling significant money away from profitability, they're going to feel that," he said.
The higher total this year didn't impress Gil McGowan, president of the Alberta Federation of Labour, who said the province is generally reluctant to take companies to court when it comes to workplace safety.
"I know how they're going to spin this: 'We're getting tough,' " McGowan said. "The Alberta government is only getting tough compared to its own sorry track record over the last 20 years."
McGowan pointed to B.C. as an example. That province handed out 221 penalties totalling $4.2 million last year, though it typically levies fines administratively, without taking the company to court. Only one company was convicted in court of a workplace safety violation last year in B.C.
McGowan said last year's conviction total in Alberta pales compared to the 172,000 injury accidents he said occurred in the province in 2007.
"One-hundred-and-seventy-two-thousand injury accidents and 12 (convictions) -- something doesn't add up," he said.
There were 154 workplace deaths in Alberta last year, including 63 occupational disease deaths that can stem from jobs dating back several years.
Last year's death total was 24 per cent higher than the previous year, though it did not reach the record 169 workplace deaths in both 1980 and 1982.
There have been 23 suspected workplace deaths so far this year (some have yet to be officially linked with the victim's job). Many of the investigations into last year's and this year's deaths have yet to be wrapped up, since the province has up to two years to file charges.
For two parents who lost their son in a workplace accident three years ago, the fines that have been handed down aren't high enough.
Ed Dore was 28 years old when he died in 2005, after being trapped in a machine used for shaping and cutting steel. He wasn't properly trained on the machine, and other safety measures weren't followed.
His company, Exchanger Industries, was fined $325,000 earlier this year in connection with his death.
Almost all of that cash went to SAIT through what the province calls creative sentencing, which lets victims and their families choose an organization or two to receive the cash.
Jean Dore, Ed's mother, said she's glad the average penalty is rising, but she doesn't think companies -- many of which are doing better because of the economic boom -- really get the message over the long term.
"I'd like the companies to think about safety and not just getting the job done, because that's when accidents happen," she said.
She pointed out a second worker died at her son's company almost a year to the day after her son died.
Blair Wetmore, the president of Exchanger Industries, said the province found the company did nothing wrong in the death of Carlos Afonso, who was caught between two large metal cylinders and crushed by steel while assembling oilfield equipment.
Wetmore said the punishment was harsh enough to send a message.
"No one wants to pay out money, obviously, and no one wants to be involved in a workplace death," he said.
Calgary Herald, Mon July 21 2008
Byline: Joel Kom
City of Calgary taking asbestos scare far too lightly
The Alberta Federation of Labour today accused the City of Calgary of treating the discovery of asbestos-contaminated asphalt throughout its road system far too casually.
"Asbestos is one of the worst workplace killers in Canada," says AFL President Gil McGowan, "and as far as labour is concerned, no amount is safe for human exposure."
McGowan points out that under Part IV of the Occupational Health and Safety Code, there is a section detailing how to deal with asbestos contamination, including measures for both worker and public safety in circumstances where asbestos may be released.
"Calgary should not be dismissing this as something that can be dealt with by a study later in the summer," says McGowan. "Inhalation of asbestos dust and fibre can lead to asbestosis, pleural plaques, lung cancer and mesothelioma, a malignant cancer whose only known cause is exposure to asbestos."
"Calgary should be taking exactly the same precautions that the City of Toronto is taking under similar circumstances," advises McGowan, "including limiting workers exposure during road construction with hazmat suits, keeping dust down, and ensuring that citizens know the risks and counter-measures that should be taken."
"I also think that every other municipality in the province engaging in major roadway construction and resurfacing should take immediate steps to ensure that their projects are either asbestos-free or being done with necessary safety precautions."
- 30 -
For more information contact:
Gil McGowan, AFL President @ 780.483-3021 (office) or 780.218-9888 (cell)
'Asbestos is a killer'; Labour leaders concerned over potential health risks to road workers
Labour leaders are expressing grave concerns about dozens of city roads revealed by the Sun to contain toxic asbestos.
And while city officials claim there is no public danger, they say they will be doing more safety testing to ensure the dangerous material isn't released into the air during construction.
A report prepared for the city and obtained by the Sun measured core samples from 34 roads in March and found the majority, including some major roads, contained levels of asbestos, a now-banned mineral that was commonly used in asphalt prior to 1985 and has been linked to serious health risks if inhaled.
With the city continuing its practice of using recycled asphalt containing asbestos when it prepares new material for road surfacing, a steady chorus of those demanding answers is beginning to arise from both union leaders and elected officials.
Gil McGowan, president of the Alberta Federation of Labour, said asbestos has caused more workplace fatalities than any other contaminant -- and he's stunned at the city's cavalier attitude toward its continued use of recycled asphalt and lack of safety measures employed.
"It's simply unconscionable if the city doesn't take greater efforts to take this stuff out of circulation," he said.
"I can't understand why the bureaucrats in Calgary city hall are not taking this situation more seriously."
"The bottom line is asbestos is a killer and this is a public health and safety issue that needs to be addressed."
McGowan said some 80 deaths in Alberta last year were officially attributed to asbestos, which can cause a number of severe lung problems, including scarring and cancer, many of which aren't diagnosed for years.
He suggested Calgary should follow Toronto's lead and insist that road workers milling asbestos-laden streets wear protective hazardous material suits, wet down asphalt to keep dust to a minimum and warn nearby residents the toxic substance could be airborne.
The president of Calgary's outside workers, Canadian Union of Public Employees Local 37 boss Kevin Galley, said he will be calling on the city to see any reports it has done related to asbestos and wants to work with officials to ensure those who may be exposed to the material won't have their health threatened.
"What I'm going to do is request copies of any reports they've done and see what we need to do to make sure workers are safe," he said.
"If there are any concerns I'm sure the city will be taking steps to address them."
Calgary's director of roads, Mac Logan, said the city began testing for asbestos after one of its contractors, Volker-Stevin, found traces of asbestos in their laboratory and raised concerns.
But air quality monitoring around sites where roadwork is under way has suggested there is little risk to workers or the public that any dangerous levels of asbestos are likely to be inhaled, he said.
"None of our testing indicates it is airborne -- in fact we're going to go and do some more testing, but so far we haven't seen anything to indicate there's a public health risk here," Logan said, noting there will be air quality testing next week.
"What we're seeing through the research that's being done across North America is when you mill the road it doesn't necessarily release it to become airborne -- it's coated in oil, it's quite heavy and it bonds very well to the oil."
He noted the city can either reuse old asphalt or take it to the landfill but has opted to continue the practice of recycling road material because it's a better option and it's safe.
Logan said the city is also looking at its inventory of roads to determine those built prior to 1985 to better determine which areas may include asbestos in the asphalt.
Earlier this week, Toronto city officials issued warnings to residents that road work was being done in the borough of North York in surfaces that contained trace elements of asbestos.
Due to stringent regulations by Ontario's ministry of labour, any road work being done with asphalt containing asbestos requires workers to wear hazardous material suits, wet down pavement to keep dust under control and recommend the public close doors and windows and avoid the area during construction.
Bill Mason, the City of Toronto's superintendent of technical operations in the Etobicoke-York district, said while they are complying with the legislation that requires safety precautions any time a concentration of more than 0.5% of asbestos is found at a job site, they are hoping the regulations will be softened.
He said air quality testing around road work sites have shown no dangerous levels of asbestos have been generated and there will likely be more samples taken next week.
"The city is being diligent, they're working with the ministry of labour and they have come up with guidelines for the removal of (asbestos) in urban centres," Mason said.
"We're following those guidelines despite the fact we have done air quality and air monitoring on trials last year after this came to light that showed there wasn't any asbestos risk."
But with so many doubts about the long-term effects of exposure to asbestos, McGowan said the city should err on the side of caution and ensure workers and the public are safe.
"Asbestos is a killer and it continues to kill even years after the ban," he said.
---
ABOUT ASBESTOS
Asbestos is a mineral fibre that has been used in a variety of construction materials.
Elevated concentrations of airborne asbestos can occur after asbestos-containing materials are disturbed by cutting, sanding or other remodelling activities.
Asbestos poses health risks when fibres are present in the air people breathe.
How exposure to asbestos can affect you depends on:
- The concentration of asbestos fibres in the air around you.
-How long the exposure to asbestos fibres has lasted.
- How often you were exposed.
- The size of the asbestos fibres inhaled.
- The amount of time since the initial exposure.
Calgary Sun, Page 4, Sat July 19 2008
Byline: Shawn Logan
Concern Over Asbestos In Calgary Streets
Some strong words for The City of Calgary when it comes to the discovery of dangerously toxic asbestos in Calgary streets.
A report for The City shows core samples taken from various roads in March, indicate more than half contained high levels of the toxic mineral. The finding has raised health concerns for the public, as well as construction crews.
The President of the Alberta Federation of Labour tells 660News asbestos is deadly, and the city needs to take the issue more seriously.
Gil McGowan says that asbestos is the leading cause of workplace deaths worldwide, and the city should follow Toronto's lead when dealing with it.
Toronto issued a public safety warning this week after asbestos was found in some of it's streets. Construction crews are outfitted with hazmat suits while working on the roads.
Calgary Alderman Jon Mar plans to take the issue-up with City Administration at the end of the month.
He calls the findings scary, and is concerned about public safety.
660 Staff, July 18 2008
Contract worker crushed to death by giant truck
The 40-year-old contractor killed on an oilsands site Tuesday was crushed by a giant dump truck.
"He was run over by the heavy hauler truck," Workplace Health and Safety spokesman Barrie Harrison said, updating the progress of the investigation on Wednesday.
The contractor worked for Finning Canada at Suncor's Millennium Mine site, about 25 kilometres north of Fort McMurray. The accident happened shortly before 11:45 a.m. while employees were trying to move a broken-down truck. Two other employees were injured. One was treated on site and the other was taken to a hospital in Fort McMurray and released.
The man's name and hometown have not been released, but RCMP say he was not a temporary foreign worker.
Alberta Federation of Labour president Gil McGowan said he has been told the man was a third-year apprentice machinist and member of the International Association of Machinists.
Tuesday's accident is at least the third serious accident involving a giant oilsands mine truck in just over three months. Christopher Van Moorsel, 26, died April 26 after his small pickup was run over by one of the massive trucks. Police told his family the driver just didn't see him, said future brother-in-law David Charlton.
Then on May 24, a 46-year-old man was forced to jump out of the cab through a wall of flames when his truck caught fire.
He suffered second- and third-degree burns and had to be airlifted to a hospital in Edmonton.
Oilsands trucks are the largest in the world. The Caterpillar 797B stands more than three storeys high and has a hauling capacity of 400 tons.
McGowan said historically the oilsands have been one of the safest areas of the sector. A spokesman for Suncor said the company has only had one incident in the past two years in which an employee or contractor had to take time off work due to an injury.
"But these two fatalities raise red flags," McGowan said.
He is worried the pace of development in the sector endangers workers' lives.
"We're concerned that people are being rushed and that in some cases they're being thrown onto work sites without the proper training."
Edmonton Journal, Page B8, Thurs July 10 2008
Byline: Elise Stolte
Many questions, no answers in death of young worker crushed by forklift
The death of a teenager working at a building material supply store near Edmonton last month is raising questions about the need to improve Alberta's safety code.
Mitchell Tanner, 16, was killed on June 7 at the Rona Building Centre in St. Albert. According to media reports, Tanner was a passenger on a forklift, which was being operated by a 17-year-old, when it tipped over and crushed him. The incident is still under investigation by police and provincial officials.
"What we hear is that neither one of these young men were trained and shouldn't have been on the forklift, but we have no way to confirm this," said Gary Wagar, executive director of the Alberta Construction Safety Association.
"If this turns out to be true, there are significant implications for the company, because they were using the forklift without proper authority or training."
The Alberta Federation of Labour (AFL) said Tanner's death may have been avoided with tougher legislation.
"We sent a letter to the minister and have been raising concerns for two years about a lack of a code of practice for forklifts," said Gil McGowan, AFL president.
"There is some language in the occupational health and safety code about heavy equipment in general."
Wagar agreed that there is a requirement in the safety code to train workers when they operate equipment that poses a hazard, but that the forklift is not specifically mentioned.
According to McGowan, Alberta's Occupational Health and Safety Code is too quiet on the matter. The only two provisions require a legible load rating chart and that if the lift has seat belts, the belts must be used and be maintained in good condition.
"Because our code says nothing about forklifts, employers do very little to ensure they are used safely," he said. "There is inadequate training on what should and should not be done and the result, unfortunately, are accidents."
McGowan said forklifts are a regular and particularly problematic safety problem in workplaces.
"There needs to be regulations about forklifts in particular, because the accident rate is so high. Every year there are dozens of accidents that involve the improper use of a forklift," he said.
"These are dangerous pieces of equipment and nobody should get behind the wheel without proper training in safety and forklift operation."
Wager said that the provincial government and industry associations already developed a safety awareness program for schools.
A safety video for the program deals with the issue of mobile equipment and specifically addresses the use of forklifts.
"The provincial government spent $750,000 on the program, but it was pulled before the last election," Wagar said.
"We have written a letter to Hector Goudreau, minister of employment and immigration, to make this program available. The construction industry in Alberta supports the release of that program aimed at young workers."
McGowan said that worker and some employer representatives pushed for tougher forklift rules, including certification of operators, when the safety code was revised a few years ago. However, it was rejected by other employer groups and the government.
McGowan said he believes that the government needs to move immediately to implement the Manitoba model for safety protection on forklifts, which has more substantial training and ongoing monitoring of credentials.
"There is so much more that can be done," he said. "Look at Manitoba. They have a comprehensive code of practice for forklifts. Operators must be certified by an independent trainer, and the employer has a series of responsibilities for keeping the forklifts safe."
Journal of Commerce, Mon July 7 2008
Byline: Richard Gilbert
Treatment of Chinese workers brings union disputes and calls for public inquiry
Representatives from some of Alberta's construction unions say the case of Chinese temporary foreign workers having their paycheques siphoned by their employer reveals huge flaws with the federal government program that need to be addressed by a public enquiry.
Two temporary foreign workers were killed and four others injured in April 2007, when the roof of the massive storage tank they were building collapsed at the Horizon oilsands project north of Fort McMurray.
After talking to the dead men's widows, the Christian Labour Association of Canada (CLAC) uncovered serious issues relating to the payments received by the temporary foreign workers on the project.
"We went to great lengths to make sure there was a Canadian bank account for all of these workers," said Wayne Prins, CLAC representative.
"We did continual checks that the payroll was processed and the correct amount of money was deposited in the accounts.
"We monitored the situation closely and spoke to people to confirm this was happening. We had every indication it was happening."
CLAC found out after the deaths that the Chinese workers on the project were not receiving their full salaries.
"We had concerns that they did not have access to their full accounts," said Prins.
"The employer had access to their accounts and what was being collected was less than what was being paid."
A story in the Edmonton Journal last week reported that the widows of the dead men said the wages their husbands were making were about 12 per cent of what they should have been paid.
One welder's widow said he made about $600 per month.
"We have not been able to confirm what was actually being collected by the craft workers on this project," said Prins."
CLAC is continuing its efforts to see what has happened to these personal accounts."
Canadian Natural Resources Ltd (CNRL) runs the construction site at the Horizon oilsands project.
According to Prins, CNRL hired Sinopec Shanghai Engineering Company (SSEC) to build the storage tanks. SSEC is the Canadian arm of Sinopec, which is a Chinese state-owned enterprise.
SSEC had signing authority on all of the workers' bank accounts.
The correct amount was paid into each employee's Bank of Montreal account, but disappeared before it reached families in China.
In the case of a welder, the regular pay should have been about $8,000 to $10,000 a month.
The Alberta Federation of Labour said that CNRL and CLAC made huge mistakes in their rush to bring the Chinese workers into Alberta.
"The first mistake was allowing the Chinese government to have direct access to these workers. CNRL had a responsibility to make sure they weren't exploited," said Gil McGowan, president of the Alberta Federation of Labour.
"And, CLAC failed in its responsibility to these workers. No mainstream union would have permitted an arrangement like allowing an employer to have signing authority on worker bank accounts," he said.
The CLAC argues the AFL comments are not surprising given the fact that the two unions are competing for members.
"It is not surprising that Gil McGowan and other unions respond in this way, because they are in competition with us and we have a different approach to labour relations," said Prins.
Daily Commerce News and Construction Record, Fri July 4 2008
Byline: Richard Gilbert
Alberta unions call for public enquiry into treatment of Chinese workers
Representatives from some of Alberta's construction unions say the case of Chinese temporary foreign workers having their paycheques siphoned by their employer reveals huge flaws with the federal government program that need to be addressed by a public enquiry.
Two temporary foreign workers were killed and four others injured in April 2007, when the roof of the massive storage tank they were building collapsed at the Horizon oilsands project north of Fort McMurray.
After talking to the dead men's widows, the Christian Labour Association of Canada (CLAC) uncovered serious issues relating to the payments received by the temporary foreign workers on the project.
"We went to great lengths to make sure there was a Canadian bank account for all of these workers," said Wayne Prins, CLAC representative.
"We did continual checks that the payroll was processed and the correct amount of money was deposited in the accounts. We monitored the situation closely and spoke to people to confirm this was happening. We had every indication it was happening."
The CLAC found out after the deaths that the Chinese workers on the project were not receiving their full salary.
"We had concerns that they did not have access to their full accounts," said Prins.
"The employer had access to their accounts and what was being collected was less than what was being paid."
A story in the Edmonton Journal last week reported that the widows of the dead men said the wages their husbands were making were about 12 per cent of what they should have been paid.
One welder's widow said he made about $600 per month.
"We have not been able to confirm what was actually being collected by the craft workers on this project," said Prins. "The CLAC is continuing its efforts to see what has happened to these personal accounts."
Canadian Natural Resources Ltd (CNRL) runs the construction site at the Horizon oilsands project.
According to Prins, CNRL hired Sinopec Shanghai Engineering Company (SSEC) to build the storage tanks. SSEC is the Canadian arm of Sinopec, which is a Chinese state-owned enterprise.
SSEC had signing authority on all of the workers' bank accounts.
The correct amount was paid into each employee's Bank of Montreal account, but disappeared before it reached families in China.
In the case of a welder, the regular pay should have been about $8,000 to $10,000 a month.
The Alberta Federation of Labour said that CNRL and the CLAC made huge mistakes in their rush to bring the Chinese TFWs into Alberta.
"The first mistake was allowing the Chinese government to have direct access to these workers. CNRL had a responsibility to make sure they weren't exploited," said Gil McGowan, president of the Alberta Federation of Labour.
"And, CLAC failed in its responsibility to these workers. No mainstream union would have permitted an arrangement like allowing an employer to have signing authority on worker bank accounts," he said.
The CLAC argues the AFL comments are not surprising given the fact that the two unions are competing for members.
"It is not surprising that Gil McGowan and other unions respond in this way, because they are in competition with us and we have a different approach to labour relations," said Prins.
"The reality is that in Alberta we are growing rapidly and their market share is decreasing."
Alberta Workplace Health and Safety investigators finished their report on the Chinese workers' deaths last October.
"As a result of the revelations about the payments of Chinese workers at the Horizon Oil Sands project, the government has announced that they have completed the investigation into the deaths of the Chinese workers," McGowan said.
"We don't know the results of the investigation into health and safety issues and company practices, but the report has been forwarded to the justice department and they are looking to see if charges will be laid by the solicitor general."
The Alberta Building Trades Council said in a press release last week that the errors surrounding the compensation of the widow of Ge Genbao, one of the workers killed at the Horizon project, highlights the need for a federal government enquiry.
"A public enquiry will allow us to sort through the myriad of issues, so that we can have a proper level of qualification, standards and enforcement," said Ron Harry, executive director of the building council.
"A public enquiry will expose the flaws in the program and make recommendations that will rectify the conditions that workers face coming into Alberta."
Journal of Commerce, Mon June 30 2008
Byline: Richard Gilbert
Chinese workers took home just 12 per cent of wages; Can't stop contractor from pocketing lion's share, minister says
EDMONTON - Some abuse of foreigners working temporarily in Alberta is unavoidable because of conditions in their home countries, Alberta's minister of Employment and Immigration said Wednesday.
Hector Goudreau was reacting to news that up to 120 Chinese workers were paid a fraction of what they were owed for work building tanks at a northern Alberta oilsands site.
The concerns became public only after two of those workers were killed on the job. When their widows were contacted in China, the wages they said their husbands were taking home were less than 12 per cent of what they should have been paid.
Further research showed the correct amount was paid into each employee's bank account, but disappeared before it reached families in China.
"It appears that SSEC (the Canadian arm of the Chinese employer) at some point failed to live up to obligations to its workers," Goudreau said.
"We cannot enforce payments or deduction agreements that are outside our jurisdiction."
Officials with Alberta Employment and Immigration have been investigating the Chinese company since shortly after the fatal accident.
"There may be some recommendations that come out of that investigation," Goudreau said. "Hopefully we can move forward."
David Liu, commercial consul at the Chinese consulate in Calgary, said late Wednesday he just learned the Alberta government is investigating. He said he will look into the matter and make sure the Chinese company is following the law.
"We just found out from the (news)paper," Liu said. "We're going to find out what the real situation is.
"Our government also pays a lot of attention to this kind of issue," Liu said, noting that the Chinese government enacted new labour laws that took effect Jan. 1.
A Calgary-based SSEC spokeswoman was contacted but refused comment.
Labour advocate Gil McGowan said the situation was one he had been warning about for the last two years.
Officials from oilsands company Canadian Natural Resources Ltd. said in 2006 that they were looking at hiring a Chinese contractor, complete with Chinese workers, to build a series of multi-storey tanks at the $10.8-billion Horizon oilsands project.
Labour advocates warned the use of temporary foreign workers would drive down domestic wages. This case shows Canadian contractors are at risk, said McGowan, president of the Alberta Federation of Labour.
"How can a Canadian firm compete with a firm that is skimming wages off its own workers? The company was able to low-ball. I think they had every intention of clawing their wages back."
McGowan said he set up an advocacy centre for temporary foreign workers in May 2007 and has since opened 200 files for workers from Romania, the Philippines, Mexico and Pakistan.
He said that experience taught him how difficult it is for foreign workers to voice their concerns. No one should expect them to find and call the provincial government's 1-800 number, which is only answered in English, or speak to an investigator walking around on site.
All the workers who came for help worked in cities. They approached him with the help of churches or permanent Canadian residents with similar ethnic backgrounds.
"You can't underestimate how intimidated these workers feel," he said.
The Chinese workers on the Horizon oilsands site would have been in an even worse position because they were isolated physically in a work camp and socially because they were not integrated with the Canadian workforce.
"(Those Chinese workers) were still working in a one-party communist state. They're used to keeping their heads down and their mouths shut."
Rachel Notley, the NDP's employment critic, said government officials aren't doing enough to monitor the foreign-worker program.
"How could these people not getting their money have gone on this long without somebody noticing?" said Notley, a labour lawyer.
"Were (investigators) really doing the kind of oversight that they claim they were? I don't care if there's a third-party international company involved or not -- they work here, they should be paid here, and they should be getting all the rights that anybody working here gets, and it's the government's job to make sure that happens."
Edmonton Journal, Page A3, Thurs Jun 19 2008
Byline: Elise Stolte, with files from Jason Markusoff and Kelly Cryderman
Chinese Workers Scam An Example of How NOT to do Temporary Workers: CNRL, CLAC, Government All To Blame for Workers Being Shortchanged, Says AFL
EDMONTON, June 18 /CNW/ - The case of Chinese temporary foreign workers having their paycheques siphoned is a perfect example of how the TFW program is out of control, says the Alberta Federation of Labour. The AFL is responding to a news story in the Edmonton Journal today accounting how 120 workers brought from China were paid a fraction of what they should be paid.
"Murky Chinese contractors, vulnerable workers, a passive union, an indifferent employer and an absent provincial government," says AFL President Gil McGowan. "That adds up to exploitation. This situation could and should have been avoided."
McGowan points out that Canadian Natural Resources Ltd. (CNRL) and the Christian Labour Association of Canada (CLAC), a union that preaches collaboration and cooperation with employers, made huge mistakes in their rush to bring the Chinese TFWs into Alberta. CNRL should have insisted that it hire the workers directly, not through Sinopec, owned by the Chinese government, says McGowan.
"The first mistake was allowing the Chinese government to have direct access to these workers. CNRL had a responsibility to make sure they weren't exploited."
"And CLAC failed in its responsibility to these workers. No mainstream union would have permitted an arrangement like allowing an employer to have signing authority on worker bank accounts," says McGowan. "The AFL has affiliates that deal with TFWs, and they place stringent requirements on what the employer does with them, and they make every possible effort to build a relationship with the temporary workers - up to and including running English classes. CLAC made very little effort, it appears."
"The problem is that CLAC trusts employers too much, and it results in situations like this."
McGowan also points blame on the provincial government. "The government is asleep at the switch. They are doing nothing to monitor the working conditions of TFWs or to ensure that their rights are not being violated."
"The result is that the Conservatives are allowing the importation of third-world working conditions into Alberta."
"The problems that led to the Chinese workers being ripped off are the same conditions that led to the two Chinese workers being killed on the same worksite. Lax government oversight, a company in a rush to make billions in profits, and a union that doesn't ask enough questions are all to blame," McGowan concludes.
Energy News, Wed Jun 18 2008