~~ wes HEALTH AND SAFETY ‘Westray bill’ receives royal assent in to criminal code Canada’s corporations and their principle persons are now to be held criminally liable if they are negligent in causing death or injury in the workplace. Bill C-44, an Act to Amend the Criminal Code, became law in early November. It is dubbed the “Westray bill” because the recommendations for it sprung out of q the work of the House of Commons Standing Committee on Justice and Human Rights in the Workplace. That committee Hassan Yussuff was struck in response to the public's outrage about the Westray Mine disaster in May of 1992, where 26 Nova Scotian miners were killed. “This is a long overdue victory for workers and their families all across Canada,” said Hassan Yussuff, secretary-treasurer of the Canadian Labour Congress. “No law is ever perfect, but this one introduces a new level of accountability.” The CLC sent thanks to the United Steelworkers of America and the New Democratic Party for their hard work in pressuring for the new law. Federal Justice Minister Martin Cauchon was also thanked for his support. = Among the safety directors were (1. to r.) Local 1-417’s John Silano and Local 1-80’s Rick Whiteford. Safety directors hold year-end meeting to discuss reports In early December local union safety directors from across Canada got together to discuss reports from across the country. Among the issues discussed were concerns over members being dismissed for having an injury, return-to-work pro- grams in Ontario and B.C., getting out WCB information in B.C. ina timely manner, discipline for seeking first aid, excessive discipline for not wearing seatbelts, fall protection for truck drivers, concerns over drug testing, rotating jobs to overcome reduce repetitive strain injuries, inadequate safety training, getting disclosure information for timely appeals, and the right to refuse unsafe work (where a members was discriminated against for exercising their right). There was also discus- son of an incident where two local union members where killed in a highway accident on the way to work in the southern B.C. Interior. = Pictured, left to right, are Emily, Lindsay, Victor and Anita Santos at Lindsay's high school graduation in May of 2001. PHOTOS COURTESY SANTOS FAMILY COLLEGE STUDENT KILLED IN NORTHERN B.C. SAWMILL Much too youngtodie % SHE WAS AN ENERGETIC AND VIBRANT young woman with her whole life ahead of her. And with only, four more shifts to complete at her summer job, she had plans to return to college in the fall and travel to Europe next sum- mer. Loved and adored by her family and friends, Lindsay Santos’ dreams and aspirations ended suddenly on the afternoon of August 21, 2003 at the West Fraser sawmill in Fraser Lake, northern British Columbia. While sweeping up in the planer, the broom handle she was using caught in a conveyor belt behind her, instantly pulling Lindsay towards open 3] rollers. When discovered, fran- 4 tic efforts took place on-site to revive her. But it was too late. How could this possibly hap- pen? How could a young life be taken so suddenly and so trau- matically? For Lindsay's family, the union, and workers in the mill, these questions need Lindsay Santos —_ addressing. For her loving fam- ily; mother Anita, sister Emily, and father Victor, faced with unimaginable grief, there have to be answers. Her father Victor, a saw filer with nearly twenty-nine years seniority at the mill, says that the accident which took Lindsay’s life should never have happened and that young- sters are not given adequate training. Even though Lindsay was a safety conscious individual, she could not foresee the danger in the area she was instructed to clean. In fact, notes Victor, a similar accident happened in the exact same area only five months earlier when a women’s arm was nearly torn off. No action was taken to warn others. “They (the employer) just sit kids in an office with a book for four hours and go through a job safety break- down,” adds Victor. “They (students) don’t have enough time working with experienced people by their sides.” In fact Lindsay was asked to sweep in an area where she had never been before. “Students, like Lindsay did, try to do the best job they can,” says mother Anita. “They are less likely to ask questions or say they don’t know a job or a work area well.” Victor calls into question the culture of selective supervision that exists in the operation — where some workers are singled out by supervisors for intense treat- ment and others are ignored. That, combined with a workforce where production can be emphasized more than safety, can lead to disastrous consequences such as death or serious injury. “They (the employer) may feel sorry but they don’t do enough to protect people in the mill,” he adds. “Over the years, I’ve seen cases where if peo- ple try to complain, the company will try to get rid of them.” Local union officer and safety director Shannon Euverman says that Lindsay’s death was highly pre- yentable and that all sides must look inwards. “We (management and workers) have to look at the whole culture of the workplace to see that we've allowed ourselves to be complacent and take short-cuts to safety,” she says. “We can set a bad example ourselves and younger workers can pick up on that, We have to reach out to young people and we have to realize that they most likely have never worked in these kinds of jobs before.” Lindsay had previously worked as a restaurant hostess, in a theater box office and as a lifeguard instructor. The employer and the WCB have to do a job of ensur- ing that standard preventative practices are put into action in all industries, notes Sister Euverman. “In the mining industry they have a pull cord along the length of convey- ors to stop them — why can’t the WCB do its job and share this type of information?” She also notes that a similar accident happened in a Houston sawmill where a worker was caught a conveyor roller. Only an air hose, which stuck into the roller, stalling it, saved a life. “Why didn’t the WCB put out a bulletin on the incident?” she asks. In the aftermath of Lindsay’s sudden death, workers were offered critical stress debriefing to help deal with the trauma. Sub-local chairman Terry Galvin assisted in reaching out to her colleagues at work. Lindsay was born and raised in the small community of Fraser Lake until the age of 13. She knew a lot of local kids her age who are also deeply affected by her passing. As Lindsay’s family continues to deal with immense grief today, another issue comes to the forefront. Lindsay’s young life was valued at $7,000 by the WCB — merely a contribution for funeral expenses. “No amount of money can replace our daughter,” says © Anita. “But we find it unbelievable that since Lindsay was not married and had no dependents, her life was deemed to have no value. This is an issue that needs to be addressed for all workers, whether they are students or older, or whether or not they have served their probationary period. There is a huge injustice being committed. Like medical insurance, life insurance should be mandatory.” Most importantly, Lindsay's family does not want other fam- ilies or individuals to ever suffer the grief they are suffering. They want proper safety training and supervision for all new entrants in the workforce. That is the legal responsibility of employers. They want greater awareness for young people in dangerous work areas, among rank and file workers. And they want health and safety regulations to be enforced by the WCB and potential workplace hazards never to be ignored. In memory of Lindsay, the local union is having a decal @ made as a symbol to her memory. It will be given to the Santos family and her fellow workers. Before her death, Lindsay was scheduled to visit Emily in Edmonton, who recalls the happiness that her sister would bring to her family and friends. “She brought life to everything,” says Emily. “Lindsay would give names to even inanimate things. She loved to swim and to ski and snowboard. She played piano and was learning to play guitar. She shared her life with us. We love Lindsay and miss her so much.” 18 of THE ALLIED WORKER DECEMBER 2003