STEELWORKERS PURSUE
PRIVATE PROSECUTION
UNDER WESTRAY PROVISIONS
OF CRIMINAL CODE AGAINST
WEYERHAEUSER FOR 2004
MILLWORKERS’ DEATH
BURNABY, BC – Today the United
Steelworkers (USW) launched a private
prosecution before a Justice of the Peace in the
New Westminster Provincial Courthouse, alleging
that Weyerhaeuser Company Ltd. was criminally
negligent in the death of sawmill worker Lyle
Hewer on November 17, 2004.
The charge is based on an
allegation that Hewer died as a result of
injuries incurred at Weyerhaeuser’s New West
Division sawmill, after following a supervisor’s
request to work under conditions the employer
knew were hazardous. Hewer was taken to the
Royal Columbian Hospital in New Westminster
where he succumbed to his injuries.
The USW alleges that the company
was criminally negligent in Hewer’s death by
omitting to do anything that it was their
responsibility to do, and showed wanton, or
reckless disregard for the lives, or safety of
other persons. The USW alleges that Hewer, a
55-year old member of USW Local Union 1-3567,
died as a result of the company’s inaction,
while clearing out a hog under Weyerhaeuser’s
direction.
“Crown Counsel rejected the
recommendation of the New Westminster Police
that a charge of criminal negligence causing
death was warranted against Weyerhaeuser,” says
USW Western Canada District Director Stephen
Hunt. “Therefore we have been left with no
alternative other than pursuing a private
prosecution to see that justice is done.”
“It is our view that this case
must go to trial under the 2004 Westray
amendments to the Criminal Code and that the
evidence will show that the Company is
criminally responsible for Lyle Hewer’s death.
Weyerhaeuser must be held accountable if
convicted,” says Hunt.
Acting on behalf of the USW, is
prominent criminal lawyer Glen Orris.
Orris expects that a Court date
will be shortly set for a “Process Hearing”
before a Provincial Court Judge who has the
authority to issue a Summons against
Weyerhaeuser.
Hewer’s surviving family members
support the USW’s initiative in seeking justice
for their loved one’s death. They request that
the media respect their privacy and direct all
inquiries to the USW.
Contact: Stephen Hunt 604.683.1117; 604.816.2554
A media background for this news
release can be viewed by clicking the link
below:
FOREST WORKERS SAFETY NETWORK WORKS TO ASSIST ALL BC COASTAL LOGGERS
BURNABY, BC – Today BC Coastal woodworkers get their first glimpse of a new Internet-based network that has been established to assist them with urgent and ongoing safety and health issues.
The newly-launched Forest Workers Safety Network (FWSN), an initiative of the United Steelworkers (USW) union, which represents over 20,000 forest workers in the province, is available to all workers, whether or not they are members of the union.
The network’s website – FWSN.org – will be the main communications vehicle to reach out to forest workers. A pilot project initiative will focus on safety issues affected Coastal loggers and other woodlands employees.
“Whether you are a unionized company logger or are a union or non-union contractor or sub-contractor, you are welcome and invited to be a member of this network,” said USW Western Canada Director Stephen Hunt. “Safety is not a union versus non-union issues. Coastal woodworkers often face identical issues in our workplaces, no matter where or how they work.”
FWSN.org offers valuable information about the USW’s ongoing efforts to clean up an industry which kills on average 27 forest workers per year and permanently injures over 100.
The website includes information on workers’ rights, urgent issues, fatality and injury statistics, safe work practices and how to deal effectively with WorkSafe BC (the Workers Compensation Board), including how to contact a WorkSafe BC Inspection Officer in urgent situations.
The site will also be used to collect information on safety issues in the sector and issues that workers face and offer workers a way to get involved in collective actions to force government and employers to clean the industry up..
“We have developed the FWSN in response to a demand for a worker-focused information and networking system,” says Hunt. “We encourage all workers to join and get together to protect themselves and their fellow workers.”
Contact: Stephen Hunt 604.683.1117; 604.816.2554
For Immediate Release March 27, 2009
NEW ’ISLAND-BASED’ LOCAL TO DEMONSTRATE FWSN TO MEMBERS AT FOUNDING CONVENTION
Courtenay BC – When loggers, millworkers and others meet here at the founding convention of United Steelworkers Local 1-1937 on April 3 and 4, 2009, they will be formally merging together three USW locals to form a new single local of some 6,000 members.
Courtenay-based locals 1-2171 and 1-363 and Duncan-based 1-80 are banding together to create a local union that will cover most of Vancouver Island, the entire coast Mainland Coast, the Queen Charlotte Islands and from Prince Rupert to Moricetown and the entire Nass Valley, Howe Sound and the Vancouver portion of the Lower Mainland.
At the historic convention, members will be given a presentation on the newly launched Forest Workers Safety Network (FWSN), an initiative of United Steelworkers District 3.
Launched today, the FWSN is a web-based network that has been established to assist forest workers with occupational health safety and health issues in a rapidly deteriorating industry.
The site is a response to a growing demand for a worker-focused information network that can provide handy and useful information to assist workers in protecting themselves and their fellow employees.
Darrel Wong, the interim leader of the newly-merged local says all USW members who work in the Coastal wood industry will be encouraged to join the network and participate in its initial pilot phase.
He notes that, on average, 27 forest workers are killed on an annual basis and over 100 are permanently injured. In 2005 43 workers died in traumatic injuries 6 of these workers were members of the USW and another 6 died due to industrial diseases.
“Even since 2005, we are seeing safety conditions demise for thousands of forest workers who have seen their jobs contracted out,” says Wong. “Many of our former members are now working in non-union jobs for contractors who are bidding at below cost just to maintain a cash flow and there is no way proper safety standards are maintained when the pressure to survive is so intense out access to safety programs or protections.”
“This new safety network is a project that we endorse to benefit all workers on the Coast both union and non-union alike,” says Wong. “We have received many calls and have had meetings with non-union workers, including fallers, asking where to turn to and what to do.”
“We think that the FWSN will help us deal with common issues and problems that all workers face together and provide a forum for forest workers to support one another,” added Wong.
Contact: Stephen Hunt 604.683.1117; 604.816.2554 Ron Corbeil 604.683.1117; 604.329.5308
For Immediate Release March 11, 2009
STEELWORKERS URGE ACTION AS FALLER FATALITIES RISE AGAIN
Burnaby, B.C. With fatalities among Coastal timber fallers again spiking, United Steelworkers have called for immediate implementation of the BC Auditor- general’s report on forest-sector safety.
The recent death of another faller, this time near Bella Coola on the BC coast, brought to nine the number killed on the job in a little over a year. Today USW District 3 Director Steve Hunt called on the BC government to immediately implement recommendations in the AG’s report “Preventing fatalities and Serious Injuries in BC Forests”, presented last January.
“It’s now over a year since the AG affirmed there is still a crisis. His recommendations have not been implemented even though the minister of the day promised they would. Successive forest ministers have also rejected calls for reforms to the Forest and Range Practices Act that would make the safety of workers and the public one of the Act’s objectives. In fact, the Ministry of Forest and Range does not require contractors bidding on ministry work to be safe-certified, as is the case with most licensees and BC Timber Sales.
Hunt notes that AG John Doyle recommended that WorkSafe BC should require all fallers to demonstrate competency in danger-tree recognition, non-destructive tree evaluation and blasting, so that they have a wider range of tools and techniques available when specific risks are present.
USW wood council Chair Bob Matters added that “we are seeing a spike in worker fatalities at a time when far fewer people are working. Last year when timber harvesting was reduced by over 30 percent we nonetheless saw 21 workers killed throughout the industry; now we have the ninth faller in a year with even fewer working. The government has shown a shocking lack of progress – it’s time to act.”
Hunt and Matters note that at Steelworkers’ December 2005 Forest Fatalities Summit, then-forest minister Mike de Jong promised to improve safety after 43 forest-sector workers died on the job in 2005; following introduction of low-bid timber-harvesting and widespread contracting out of timber-harvesting jobs, de Jong said: “Safety is going to be paramount – the way it hasn’t been.”
But although there have been changes since then, government has steadfastly refused key USW demands including making safety an objective of the Forest and Range Practices Act – current objectives include timber production as well as species habitat, forest soils and waterways but not safety. The province has also been slow to respond to Doyle’s recommendations, which include better planning and safety training for forest professionals as well as improvements to fallers’ training.
“These measures would have saved jobs,” notes Matters. “Everyone was quick to take credit when the numbers fell in 2006 and 2007. Now they should be quick to take action because with the fall in timber harvesting, fatalities are again rising sharply. We need action right now.”
In 2006 78.6 million cubic meters were harvested in BC woodlands operations with no faller fatalities, according to the BC Forest Safety Council. But with just under 54.7 cubic meters harvested in 2008, there have been nine fatalities in about a year. In 2005, when 90.5 million cubic meters were harvested, seven fallers were killed: more fallers killed, 40 percent less timber harvested.
“Things seem to be getting seriously out of kilter again,” said Hunt. “We need action now.”
FOR ADDITIONAL INFORMATION: Ron Corbeil, USW District 3, Health Safety & Environment Coordinator Phone: 604-683-1117 Email: rcorbeil@usw.ca
MEDIA COVERAGE
9
JULY 2009 - BC LOGGING
DEATHS SPARK DEBATE
– BC FORESTS
MINISTER DENIES TREND IN
10 FALLERS’ DEATHS: BELL
SAYS ‘FEW’ ACCIDENTS CAN
BE ‘MISLEADING’
VANCOUVER,
BC – Yesterday on CBC
Radio, BC Forests
Minister Pat Bell denied
that the deaths of 10
fallers in the last 18
months constitutes a
trend. He told CBC Radio
that “a few accidents in
a short period of time
can be misleading…”
Bell believes more time
should pass before the
government would admit
there is a trend.
“Typically in this sort
of thing, you would look
at a three-year window,”
said Bell.
United Steelworker
Health and Safety
Coordinator Ron Corbeil
notes there were no
faller deaths prior for
two years prior to the
18-month period. “There
is a definite trend here
and the government has
to step up to the plate
with industry and the
union to treat all these
deaths seriously,” said
Corbeil.
Although Bell told CBC
that the progress is
being made in health and
safety by educating and
certification programs,
Corbeil notes that all
10 faller who died were
safety certified.
“Safety certification
means little if you
can’t put your training
into play, are being
forced to speed-up
and/or lack designated
supervision,” says
Corbeil.
Bell told CBC that it
takes time to change
workers’ attitudes.
Produced in the Spring of 2008, this United Steelworkers District 3 Video summarizes events from 2005 to early 2008 during the union’s ongoing campaign to prevent deaths in the BC Forest Industry. By taking direct political action and mobilizing the union membership, the USW influences government and industry, as it calls for an end to the "Culture of Desperation" that has gripped forest workers.
Stop the Killing Video (Part 1 of 2)
Stop the Killing Video (Part 2 of 2)
IN IT FOR LIFE - USW HEALTH &
SAFETY VIDEO
Produced
for the 2010 USW Toronto
National Policy
Conference, this United Steelworkers
Canadian National Office Video
looks at the politics of
enforcing health &
safety laws in Canada.
VANCOUVER,
BC – Yesterday on CBC
Radio, BC Forests
Minister Pat Bell denied
that the deaths of 10
fallers in the last 18
months constitutes a
trend. He told CBC Radio
that “a few accidents in
a short period of time
can be misleading…”
