Mr. Speaker, it is a pleasure for me to spend a few minutes on the private member's motion that is before us today. The motion is that that this House should be called upon to amend the criminal code or other appropriate federal statutes to be in accordance with recommendation no. 73 of the province of Nova Scotia's public inquiry into the Westray mine disaster.
This motion is certainly supportable because of the aspect of accountability for negligence. It makes good sense that people should not be asked to work in obviously unsafe conditions. If there is a requirement to work in an unsafe area, then the employee should have the right to refuse that work. If an employee is injured or killed in an unsafe work area and the employer could be shown to be negligent, I agree that he or she should be held accountable.
We have been waiting for some time for amendments to part II of the labour code which would deal with health and safety. I believe there will be provisions in that code which will come very close to achieving these ends. We have indicated that we will be supporting that legislation when it comes to the House.
The spirit and intent of the motion is to hold employers accountable for providing a safe workplace. I know that Mr. Speaker has been an employer for a good many years and has always striven to provide a safe workplace for his employees. No doubt his employees are his number one consideration. This is only reasonable.
We have to be very cautious and strike a balance. It is up to the employer to provide a safe workplace. There also should be a recommendation or at least an onus on the employee not to use the clause frivolously and only to protest about bona fide unsafe working conditions.
I have appreciated the opportunity to say a few words to the motion. I am certain that when Bill C-12, the amendments to the Canada Labour Code, comes before the House we will have a lot more to say.