Mr. Speaker, the right to refuse unsafe work is one of the three basic health and safety rights achieved by the labour movement, along with the right to know about the hazards in one's workplace and the right to participate in workplace health and safety decisions. While procedures and circumstances may vary from province to province, just about all workers have the legal right to a healthy and safe workplace that allows, and in some provinces obligates, them to protect their safety by refusing to perform work they believe has the potential to harm themselves or others at the work site.
All workers in Canada have the right to work in a safe and healthy environment. Over the last decade, the previous Conservative government had undone many of the progressive advances for workers that had been achieved over generations.
On February 19, I asked the government why it had not tabled legislation to reverse some of the most egregious changes brought in by the Conservatives. Sadly, I did not get an answer.
On the health and safety front, the Conservatives used the omnibus bill, Bill C-4, to change the Canadian Labour Code to limit the rights of workers to refuse unsafe work, and also to do away with the independent health and safety officers, relegating their responsibilities to political appointees of the minister.
The bill also made sweeping changes to the Public Service Labour Relations Act to prevent federal public service workers from filing complaints with the Canadian Human Rights Commission. It also gutted public service collective bargaining by allowing the government to unilaterally determine which workers would be deemed essential and therefore forbidden from striking, without recourse to a third party review.
During the debate about these changes, many individuals and organizations brought forward grave concerns.
Larry Rousseau of PSAC wrote that the changes that were stuffed into the 309-page budget implementation act would turn the clock back 50 years for labour relations.
However, no voice was more compelling than that of Rob Ellis, whose 18 year-old son, David, was killed on the job. On David's second day of work at a temporary position in a bakery, he was pulled into an industrial mixer that was operating without a safety guard and lockout. David lacked the experience to comprehend the dangers of the workplace.
Rob Ellis, his dad, said:
We should not assume that new workers have enough experience to recognize or categorize the level of danger of every workplace condition. New or young employees should be encouraged to say no to unsafe work. And when they do stand up and say no, they should not be subject to discipline if their complaint is rejected without investigation...
During the federal election, the parliamentary secretary's website promised that a Liberal government would, “Repeal the Conservative definition of “danger” in the Canada Labour Code that is regressive and sacrifices the health and safety rights of workers.” Why has the minister remained silent? Through the hon. parliamentary secretary, I simply ask the minister this. When will the government repeal these draconian measures?