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And if I suffocate someone with a pillow, I'll be prosecuted for murder. But if I send an employee into a setting where he suffocates, I won't.
Executives don't have licence to kill
Section 217.1 of the Criminal Code permits prosecution of an employer or supervisor who fails to "take reasonable steps to prevent bodily harm to that person, or any other person."
met with the province's justice and labour ministers, Shirley Bond and Margaret MacDiarmid, to discuss what Federation President Jim Sinclair described as "lax enforcement of Criminal Code provisions targeting negligent employers."
The farm's owners pleaded guilty to breaking a range of occupational health and safety laws. But no one went to jail. Even the $350,000 fine was never fully paid; the farm declared bankruptcy.
Similarly, if I smash someone's skull with a rock, I'll be charged with murder. But if I send an employee into an unsafe situation where a rock crushes his head, I will probably get away with not much more than a reprimand or a fine.
Sam Fitzpatrick, a logger, was crushed by a falling boulder at a worksite on Toba Inlet in 2009. An inspector from WorkSafeBC, the province's workers' compensation board, said the accident reflected "reckless and grossly negligent" decision making by company management.
finally got attention last week. Federation of Labour Lv Luggage For Men
same way, it could be argued, BP's cost cutting culture led to the explosion on the Deepwater Horizon, regardless of who actually made the decision to bypass safety measures.
They are not dealing just with balance sheets and investors. They're dealing with individual lives.
"My mother was a human being, not an animal," Harsharan Singh Bal said after his mother died in a car crash. Her employer had packed 17 farm workers into a van, without seatbelts. An RCMP investigation recommended 33 criminal charges against the van's operators.
executive, was held responsible.
In fairness, senior Westray management did not directly murder any miners. Nor did senior executives at BP personally kill 11 workers when their Deepwater Horizon drilling platform exploded in the Gulf of Mexico two summers ago. Just as Hitler did Louis Vuitton Hobo Purses
"You shouldn't be able to walk away, close up your company, not pay the fine and suffer no consequences when you're grossly negligent in killing workers," Sinclair told reporters after the meeting. "If you're negligent, there should be consequences."
Jim Taylor Posted Sep 2, 2012
Federal Public Safety Minister Vic Toews introduced a "tough on crime" bill. It focuses entirely on personal crimes. It doesn't give equal emphasis to corporate crimes.
Suppose I put a noose around someone's neck, and helped him hang himself. I would be prosecuted for assisting a suicide. But if my bank totally destroyed someone's life savings, so that in Lv Wallet Zipper despair he put a noose around his own neck and hanged himself, I would probably get a bonus.
The previous year, Tracy Phan's father and four other workers were sent to clear a clogged pipe at a mushroom farm. When the pipe leaked deadly hydrogen sulfide into a small shed, Phan and two others suffocated.
Canada's Criminal Code does include provisions for prosecuting management. The law passed Parliament in 2004, in what was known as the "Westray Bill" after 26 miners died in a mine disaster in Nova Scotia.
No one was convicted of negligence in that event. But a public inquiry found Westray management ultimately responsible for conditions at the mine; administrators tolerated poor safety practices and outdated mining laws.
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But the Nuremberg trials clearly established the principle that Hitler, as senior
They got a $2,000 fine.
But since the Westray Bill passed, I understand that only two cases have gone to court; only one resulted in a conviction.
not personally gas any Jews in Auschwitz.
An executive office should not be a licence to kill. Managers need to be accountable for decisions they make and for the corporate culture that encourages others to make unwise decisions.
As the Vancouver Sun reported, WorkSafe "identified a litany of violations that contributed to the deaths."
Unfortunately, it took more than a decade after the Westray tragedy to get that lawDuring that decade, an estimated 8,000 more workers lost their lives. Statistics Canada tallied 1,014 workplace fatalities during the year 2010. alone had 190 work related deaths in 2011.
The subject of employer responsibility
The first example is hypothetical; the next two are tragically real.
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