Madam Speaker, I would first like to say this.
I can certainly relate to the victims of Westray. My father and my uncle once worked in mines in the United States. Fortunately, they were never victims of a tragedy.
My father-in-law was a mineworker in Belgium and he survived the two worst disasters—explosions—that ever struck Belgian mines. In the early fifties, he was decorated by the Belgian government for his acts of heroism. He had saved victims of explosion in one mine. I am only too aware of what a tragedy this is.
The motion brought forward in the House deals with the safety of Canadian workers. Since this government has always been concerned with the safety and welfare of workers, I am happy, as a government member, to have this opportunity to comment on the motion.
First I want to tell the member who moved the motion that I share his concerns about safety in the workplace. The Westray tragedy, which the motion refers to, brought back to the attention of Canadians the issue of occupational safety. This is a very important issue that our government is taking very seriously.
We are very much aware of the high costs of work accidents, in terms of human suffering in particular, as well as financial hardship, because of the substantial expenses incurred as a result of accidents and occupational diseases.
Every year, many workers die in work related accidents and thousands of others suffer from work related injuries and sickness.
Every year, millions of workdays are lost. The human cost is extremely high. The cost to the Canadian economy is about $10 billion a year. The human and economic costs are way too high and something must be done soon.
I commend the member for bringing this issue before the House. He has identified an issue that should be of concern to all members. Although I do commend the member for raising his concerns with respect to workplace safety, I want to look a little more critically at the recommendations for legislative change that the motion includes.
Motion No. 455 asks that the House amend appropriate federal statutes, including the Criminal Code. These are far reaching recommendations. I think it is appropriate that we look at them more carefully.
First of all, while the Criminal Code is under the jurisdiction of the federal government, which can amend it to make sure it applies to the responsibility for occupational safety, the provinces and territories consider that this type or amendment would erode their right to legislate on occupational safety.
We all know very well that the issue of federal and provincial jurisdiction in many other areas of economic and social policy is very delicate. We do not want to open up a whole new can of worms. I certainly do not.
In other words, while the intent of the motion is very laudable, the proposed changes could have constitutional implications, which, though not intentional, could be very unfortunate.
Moreover, the Canada Labour Code already provides for occupational safety and imposes fines and sanctions against those who are convicted of an offence under the code.
As anyone who follows labour legislation in Canada knows, legislation concerning occupational safety and health in the federal jurisdiction is consolidated under the Canada Labour Code. The code has jurisdiction over a broad range of industries under federal jurisdiction, but only those which operate under federal jurisdiction.
What are these industries? Typically these are businesses whose operations are interprovincial or international in nature. Some examples that I can cite are railways, highway transport, telecommunications, pipelines, shipping, radio and TV broadcasting, banks, and other areas which I will not name. In addition the occupational safety and health provisions of the code cover employees of the federal public service including employees of some 40 crown corporations and agencies.
As we debate the motion, it is very important to look at where we are starting from with respect to the Canada Labour Code and specifically with respect to part II of that code.
Part II of the Canada Labour Code is the legislation that is already in place to govern occupational health and safety in federal works, undertakings and businesses. This legislation is intended to prevent accidents and injuries arising out of, linked with, or occurring in the course of employment which is subject to federal jurisdiction.
The legislation is based on three fundamental rights for all workers who come under federal jurisdiction. These fundamental rights are: the right to know about known or foreseeable hazards in the workplace; the right to participate in identifying and resolving job related safety and health problems; and the right to refuse dangerous work if the employee has reasonable cause to believe that a situation constitutes a danger to himself, to herself or to another employee.
This code also includes a set of occupational safety and health regulations that prescribe standards and procedures for both employers and employees to follow.
If these standards are not met, by virtue of part II of the code, senior managers and directors of federally regulated companies can be held responsible. If found guilty of a code offence, senior managers and directors are liable on summary conviction of a maximum fine of up to $100,000.
Under the code, an individual found guilty by way of indictment is liable to a maximum fine of $1 million and a maximum prison term of two years.
Next Wednesday, April 28, to mark the National Day of Mourning, the Canadian flag will be flown at half mast on Parliament Hill in memory of all those who where killed or injured at work.
The purpose of this special day is to heighten our awareness of our tremendous responsibilities regarding health and security in the workplace. Moreover, the North American Occupational Safety and Health Week, which will be held in May, will help raise awareness of this issue among Canadians.
In Canada, partners of the annual awareness campaign include the Canadian Centre for Occupational Health and Safety and the Canadian Society of Safety Engineering, which co-operate with the labour program.
In the federal jurisdiction we already have a set of standards and sanctions in place which govern workplace safety issues and hold corporate officers and directors liable for their actions in case of negligence or wrongdoing.
However, it is fair to say we still have a problem in the case of all those workers who are outside federal jurisdiction and who therefore are not covered by the Canada Labour Code. It is this question we must examine.
We must also examine the part of the motion which concerns recommendation no. 73 that the province of Nova Scotia made following the public enquiry. It requests—