Here is his comment:
Brian Fitzpatrick 143 days ago
I too agree that accidents do happen. But not all
'accidents' are accidental.
Too many serious injuries and deaths occurs to workers who are victims of their employer's reckless disregard for their safety.
Often such incidents are neither casual nor inadvertent. Often they are the result of studious and willful planning which persisted over an extended period of time.
In the past 10 years, 9,000 Canadian workers were killed at work. All of these deaths were not the result of accidents.
Few , not more than about two or 3 employers were charged under criminal law and nobody went to jail. All cases dismissed.
Many of these injuries and deaths were caused by an employer's willful neglect of an employee's safety which resulted in serious injury or death.
If an incident of this nature; disregard for others safety occurred away from the job site, the police would be involved in a Charter approved criminal investigation.
Workers do not receive proper police investigations nor are they allowed access to civil court.
Workers are not equally protected by the Charter.
The Worker's Compensation Board (WCB) and or Occupational Health and Safety (OHS) OHS are in charge.
The WCB and the OHS are not the police.
The WCB and OHS have effectively immunized reckless employers from criminal law.
In Canada, manslaughter, a form of murder punishable by up to 25 years in prison is not a crime if it occurs while one is at work.
Here is Brian Fitzpatrick's second comment:
Just to be clear: when I indicated in my previous post that some injuries and deaths of workers can be the result of studious planning by an employer, I wasn't saying there was intent or malice involved in the studious but reckless planning.
That would be murder.
I was merely stating that serious incidents are often the result of long term stupidity/recklessness with regard to safety on the part of an employer who knowingly exposes workers to known dangers.
In other words: closing both eyes to a risky plan or action. One can still see after closing a blind eye.
The WCB and OHS were created to mitigate this reality on behalf of workers. The greatest success that the WCB and OHS has achieved is to deny workers their Charter right to be secure in their person while at work by immunizing employers from criminal charges.
Some employers are unconcerned with the consequences of a charge of manslaughter when, as is the case in Canada, reckless disregard for safety resulting in death is not a crime if it occurs on the work site.
It is merely an infraction of the Worker's Compensation Act. No biggie.
I hope this clears up my previous and somewhat clumsy comment.
Too many serious injuries and deaths occurs to workers who are victims of their employer's reckless disregard for their safety.
Often such incidents are neither casual nor inadvertent. Often they are the result of studious and willful planning which persisted over an extended period of time.
In the past 10 years, 9,000 Canadian workers were killed at work. All of these deaths were not the result of accidents.
Few , not more than about two or 3 employers were charged under criminal law and nobody went to jail. All cases dismissed.
Many of these injuries and deaths were caused by an employer's willful neglect of an employee's safety which resulted in serious injury or death.
If an incident of this nature; disregard for others safety occurred away from the job site, the police would be involved in a Charter approved criminal investigation.
Workers do not receive proper police investigations nor are they allowed access to civil court.
Workers are not equally protected by the Charter.
The Worker's Compensation Board (WCB) and or Occupational Health and Safety (OHS) OHS are in charge.
The WCB and the OHS are not the police.
The WCB and OHS have effectively immunized reckless employers from criminal law.
In Canada, manslaughter, a form of murder punishable by up to 25 years in prison is not a crime if it occurs while one is at work.
Here is Brian Fitzpatrick's second comment:
Just to be clear: when I indicated in my previous post that some injuries and deaths of workers can be the result of studious planning by an employer, I wasn't saying there was intent or malice involved in the studious but reckless planning.
That would be murder.
I was merely stating that serious incidents are often the result of long term stupidity/recklessness with regard to safety on the part of an employer who knowingly exposes workers to known dangers.
In other words: closing both eyes to a risky plan or action. One can still see after closing a blind eye.
The WCB and OHS were created to mitigate this reality on behalf of workers. The greatest success that the WCB and OHS has achieved is to deny workers their Charter right to be secure in their person while at work by immunizing employers from criminal charges.
Some employers are unconcerned with the consequences of a charge of manslaughter when, as is the case in Canada, reckless disregard for safety resulting in death is not a crime if it occurs on the work site.
It is merely an infraction of the Worker's Compensation Act. No biggie.
I hope this clears up my previous and somewhat clumsy comment.
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