The RCMP in Alberta have announced they have openned an investigation into a worker fatality that occurred at Cargill Meats in High River at the start of the Covid-19 outbreak.
This is likely the first investigation of its kind in Alberta. Occupational Health and Safety related injuries and fatalities are usually investigated by Provincial Occupational Health and Safety Officers, however, in cases that appear to have a criminal element the Police can investigate under Section 217.1 of the Criminal Code of Canada (The Westray Bill).
The “Westray Bill”, was created following the 1992 Westray coal mining disaster in Nova Scotia where 26 miners were killed after methane gas ignited causing an explosion. Employees, union officials raised serious safety concerns. yet the company instituted few changes. Eventually, the disaster occurred.
After the accident the police and provincial government failed to secure a conviction against the company or three of its managers. A Royal Commission of Inquiry was established to investigate the disaster. In 1998, the Royal Commission made 74 recommendations. The findings of this commission (in particular recommendation 73) were the movement that led to amendments of the Criminal Code.
Section 217.1 states “Every one who undertakes, or has the authority, to direct how another person does work or performs a task is under a legal duty to take reasonable steps to prevent bodily harm to that person, or any other person, arising from that work or task.”
Essentially anyone who directs the work of other employees can be held liable under this section when an injury occurs to a worker. This includes supervisors, managers, right up to the executive level of a company.
It will be interesting to see the outcome of this investigation and if charges are in fact laid. If so, it will be the first such charge laid under this provision in Alberta. As referenced in the attached article, there have been only 6 convictions under this provision since it was enacted in 2004.
https://www.cbc.ca/news/canada/calgary/rcmp-criminal-investigation-cargill-covid-1.5867547