July 4, 2014 - No. 63
Anniversary of
Lac-Mégantic Tragedy
The People Want Redress
Lac-Mégantic,
Quebec, July 6, 2013
Anniversary
of
Lac-Mégantic
Tragedy
• The People Want Redress
• Demands for a Public Authority Which Enforces
Health and Safety on the Railways
Governments Must Bring
an End to Workplace Deaths and Injuries
• More Tragic Construction Worker Fatalities in
Toronto Area
• High Frequency of Worker Deaths Shows Ontario
Safety Not Improving - Jim Nugent
Anniversary of Lac-Mégantic
Tragedy
The People Want Redress
July 6, 2014, marks the first anniversary of the
Lac-Mégantic tragedy, one of the deadliest train disasters in
Canadian history. A year ago, in the evening of July 5, a freight train
made up of five locomotives and 72 tank cars not suited for the purpose
of the kind of crude oil they carried, was left unattended for
the night in Nantes, Quebec. At about 1:00 am, the train started to
move down a slope towards the town of Lac-Mégantic. Shortly
thereafter, 63 of the tank cars derailed in downtown
Lac-Mégantic, releasing their contents which caused massive
fires and explosions. Forty-seven people were killed, many more were
injured and downtown Lac-Mégantic was destroyed. Since then, the
soil, the Chaudière River and the lake itself have been heavily
contaminated from the crude oil spill.
On this sad anniversary, TML Daily once again salutes
the hundreds of emergency responders and people who at the time of the
accident
came from across Quebec and the rest of Canada to save lives at great
risk to themselves and help the community in countless ways. It salutes
all those who have continued to fight, not only for redress for the
people of Lac-Mégantic but to make sure that such accidents
never take place again.
Throughout this, the Harper government has refused to
take responsibility for this tragedy. On May 3, three workers from the
Montreal, Maine and Atlantic Railway were charged in a local
Lac-Mégantic court with criminal negligence in the deaths of 47
people. One of them, the engineer, was arrested in the most sensational
and unwarranted fashion, in which he, his son and a friend were
surrounded and violently pinned to the ground by a police tactical
squad. In a recent interview with La
Presse, Minister of Transport Lisa Raitt tried to whitewash the
actions of her government and the Liberal governments of the 1980s and
1990s for their anti-social, neo-liberal, nation-wrecking agenda which
has smashed the public authority in favour of decision-making by
private interests. She repeated the spurious claim that the
Lac-Mégantic disaster is the result of the negligence of
individuals who did not abide by the existing safety rules.
The privatization of the
railways and self-regulation by the industry over the affairs which
concern the society have resulted in
crimes against the people. The federal government, responsible for
regulating the railway industry, should be charged with criminal
negligence. The
assault on the human factor has been profound, especially the constant
reduction of the number of workers and government personnel responsible
for safety, and secret deals with
the railways to allow them to operate at sub-standard safety levels.
All these things done by the government to favour the monopolies at the
expense of the public interest are the main factor in this disaster and
the many more that have happened since then. Raitt's remarks about new
regulations being in place underscores
her government's disregard for the workers, their health and safety and
that of the public. For years workers have been saying that
governments' refusal to enforce regulations and hold the monopolies to
account is what permits them to act with impunity time and time again.
The government's self-righteous position
and defence of monopoly right is further evidenced by its praise that
charges have been brought in the case, never mind that the only people
charged are three
workers.
At the moment, the oil and crude oil transportation
monopolies are excited at the prospect of bigger scores to be made in
the sector. They are calling on the federal and the provincial
governments to speed up the approval and financing of infrastructure
projects, as the Harper government just did with the Northern
Gateway pipeline, despite the massive opposition of the workers, people
and First Nations. To speed up pipeline approval and rail transport
while decreasing personnel, safety mechanisms and environmental
regulations can only lead to further tragedies for the people and
greater despoiling of Mother Earth. It must
not pass!
Now is the time to step up the fight to force
governments and the monopolies to provide redress for the
Lac-Mégantic tragedy and other crimes. The Harper government is
unfit to govern, as are all governments that put themselves at the
service of the monopolies instead of defending the rights of the people
to
live a life in dignity and safety. Get the Harper government out of
office! It can be done! It must be done!
Reconstruction continues
on Rue Frontenac the main road running through downtown
Lac-Mégantic. Photo at left shows work being done on June 19,
2014. The downtown is still not open to the general public.
Demands for a Public Authority Which Enforces
Health and Safety on the Railways
The Quebec government has submitted a $400 million claim
against the Montreal, Maine and Atlantic Railway (MMA), the carrier
handling the shipment of crude oil that crashed in Lac-Mégantic.
This is the estimated total cost of the cleanup and reconstruction,
including the decontamination of the soil in downtown
Lac-Mégantic, the government says. So far, the government
estimates that it has spent $126 million on cleanup and
reconstruction and expects to spend another $280 million to complete
the work. MMA filed for bankruptcy on August 7, 2013 and the government
filed its claim in Quebec
Superior Court which is handling the bankruptcy proceedings. MMA was
sold earlier this year to Fortress Investment Group of New York.
The government says it wants other companies that
are involved in the disaster to make an arrangement under the
bankruptcy procedures to
cover the costs incurred by the disaster
otherwise it says it might sue them directly. Irving Oil was to refine
the
oil being carried by MMA, while other companies produced the crude oil
and leased
the tank cars.
Decontamination of water
polluted by the spill of crude oil, Lac-Mégantic, June 19, 2014.
Meanwhile, proceedings for a class-action suit began on
June 9 in Sherbrooke. The class-action suit is being raised by four
plaintiffs on behalf of citizens of Lac-Mégantic. More than
3,500 people have signed up to join the suit to date. More than 30
companies are targeted by the class-action. That includes MMA
and its President Edward Burkhardt, Rail World, Irving Oil, World Fuel
Services, Dakota Petroleum, Western Petroleum and Canadian Pacific.
Transport Canada is also targeted by the class-action. It is estimated
that if approved, the class-action suit could result in a settlement in
the hundreds of millions of dollars.
In his opening remarks on June 9, one of the lawyers of
the victims said that all the implicated parties share responsibility
for the disaster:
"Had the respondents focused on acting reasonably, the
outcome would have been much different. ... We have in this courtroom
through the counsel that represents these corporations, some of the
most sophisticated, knowledgeable and experienced players in the oil
industry. So when you hear them say, 'How
were we to know about the DOT-111 cars or the volatility of the oil?'
just
pause and think, 'Does this really measure up to the level of
credibility required for plausible deniability?'"
Soil decontamination,
behind the Tafisa particle board plant, Lac-Mégantic, June 19,
2014.
The people demand a public
authority that enforces health and safety regulations for rail
transport to make sure that such tragedies will not happen again. For
its part,
Transport Canada sidesteps this issue so as to not even be held to
account. But it has nonetheless adopted a number of safety rules in the
last year
on the basis of recommendations made by the Transportation
Safety Board. One is the rule that trains carrying dangerous goods must
now have a two-person crew. The train that crashed in
Lac-Mégantic had a one-man crew precisely because of a 2012
Transport Canada decision to allow MMA to do so.
Another new rule forbids trains carrying dangerous goods
be left unattended on a main track. Another one says that railways must
disclose to municipalities the dangerous goods transported across their
jurisdictions. Meanwhile, tens of thousands of tanker cars that are not
suited for carrying hazardous materials are still on the rails and
carrying these goods through populated areas.
People have been very critical of these measures because
not only are they very minimal but Transport Canada is known for not
enforcing existing regulations. It considers that railways should
self-regulate while its role is to rubber stamp their safety audits. In
a recent interview with La Presse, Minister
of Transport Lisa Raitt referred to several warnings that Transport
Canada delivered to MMA in the years prior to the Lac-Mégantic
disaster. Transport Canada pointed out that MMA was contravening
federal
regulations on the use of brakes to immobilize trains when they are
idled. At no time did Transport Canada sanction
MMA. Minister Raitt said that the fact that the Transport Canada
inspectors followed through with the warnings to MMA proves that the
regulatory framework is working.
"Our inspectors kept going to MMA... The fact that MMA
was flagged as a company that was having problems and that inspectors
kept visiting the company is important. It shows that Transport Canada
realized that it had to work with the company in order to ensure that
it would do what is necessary," she
said.
It is also known that Transport Canada does not
have enough inspectors on hand to do their work at a time there is a
drastic increase in rail transportation of crude oil.
Derailment of train
carrying hazardous petroleum products in Plaster Rock, NB, January 7,
2014. The train
originated in
Western Canada and was bound for the Irving Oil refinery in St. John,
NB.
Regarding municipalities' concerns, a number of mayors
have pointed out that they only receive information about the transport
of dangerous goods over their jurisdiction after the fact -- that
during
such and such time period, such and such dangerous goods travelled
through their municipality. This is unacceptable
they stressed. The residents of the municipalities at the very least
want to know ahead of time what is going to be carried across their
territory.
Meanwhile life has resumed in the devastated town of
Lac-Mégantic. Residents are having forums in which they discuss
how their new reconstructed downtown will look like which could take
two to three years before it is rebuilt. One of the most passionate
discussions concerns the need for an alternate track
to go around the municipality instead of having trains go through the
downtown. Residents of other municipalities whose economic activity is
historically based on the railways are also discussing the issue.
Governments Must Bring an End to
Workplace Deaths and Injuries
More Tragic Construction Worker Fatalities in
Toronto Area
Construction workers and other working people are
saddened and deeply concerned by news about the worksite deaths of two
construction workers in the Greater Toronto Area (GTA) during the week
of June 23. The workers died in separate accidents. On June 23, Sarmad
Iskander fell to his death from the 28th
floor of the downtown Toronto condo he was working on. Iskander was
only 22 years old and had come to Canada in 2010 as a refugee from
Iraq. On June 27, a 46-year-old worker on a private road project in
Milton was crushed to death by a dump truck. TML Daily sends
heartfelt condolences to the family, friends and workmates of the men
who
died.
Sarmad Iskander
|
The workers who died in these accidents were the third
and fourth workers killed on construction sites in the GTA this year.
The Provincial Building and Construction Trades Council of Ontario
issued a press release which said these latest two fatal construction
accidents are part of a "pattern of needless, completely
preventable workplace deaths" on Ontario building sites. It said there
is an epidemic of workplace deaths and injuries in Ontario which needs
to be addressed by government.
There have been a total of seven deaths of construction
workers on Ontario sites in 2014. Last year, 16 Ontario construction
workers were killed on the job. Over the last 10 years there have been
an average of 19 construction workers a year killed on the job.
Construction workers make up only seven per cent
of workers covered by the Workplace Safety and Insurance Board (WSIB)
but account for nine per cent of WSIB recognized lost time injuries and
26 per cent of fatal workplace accidents.
Falls similar to the accident involving Sarmad Iskander
are the leading cause of construction deaths. There is absolutely no
reason for deaths from falls to ever occur. Fall protection systems for
every conceivable situation are available and laws are in place
requiring employers to ensure they are used. Deaths from
falls can only occur in a situation where employers refuse to
take up their responsibilities and government is lax in enforcement of
the
existing laws. The same is also true for other major causes of
construction worker deaths such as electrocution, vehicle accidents and
trenching accidents.
As construction workers and other workers mourn the
latest workplace deaths, they are also demanding an end to the epidemic
of workplace deaths and injuries. Working people are demanding that
governments impose restrictions on the way the construction monopolies
and other employers operate so they cannot
kill and maim workers with impunity.
High Frequency of Worker Deaths Shows
Ontario Safety Not Improving
- Jim Nugent -
The recent tragic deaths of
two Toronto area
construction workers in separate accidents during the week of June 23
are part of a continuing epidemic of death and injury faced by workers
in Ontario workplaces. The continuing high frequency of such fatal
accidents expose as fraud the government claims that
it has taken action for improving the health and safety situation of
Ontario workers.
The Ministry of Labour (MOL) and the Workplace Safety
and Insurance Board (WSIB) are claiming to have improved workplace
safety. As proof, they cite the recent reductions in workers'
compensation benefit payouts and the reduction in the number and
length of WSIB lost time injury compensation
claims. If this was true that safety has been improved, wouldn't the
alleged safety improvements also be reflected in a reduction in the
frequency of fatal accidents? But there has been no reduction in the
number of fatal accidents.
In 2012, the last year with a full MOL/WSIB report, a
total of 70 workers were killed on the job in Ontario. This is a
greater number than the average number of fatal workplace accidents
over the previous five-year period (a yearly average of 69 deaths from
2008-12). These figures do not include the 222 workers
who died in 2012 from exposure to hazardous materials.
The government is able to
hide the extent of workplace
injuries and health hazards through ruthless suppression of workers'
compensation claims. It is even able to suppress claims made by the
families of workers who died from workplace exposure to hazardous
materials. But it is difficult to hide workplace
deaths resulting from traumatic incidents. The continuing high
frequency of fatal workplace accidents shows that, contrary to the
claims of the MOL and the WSIB, the overall health and safety situation
of Ontario workers is not improving.
The WSIB reduced benefit payments to injured workers by
$500 million over the past year. These cuts were the first installment
of a
series of cuts to injured worker benefits mandated by the Liberal
government. The government plans to extract up to $13 billion from the
workers' compensation system in the name
of a bookkeeping fraud known as the "WSIB unfunded liability." The
WSIB, is achieving the results demanded by the government through
aggressive claim denials, claims suppression, illegal changes to
benefit policies and other crooked measures. Employers will benefit
from this scheme and are fully collaborating
with the government and WSIB.
Reductions in the number of claims for compensation by
injured workers and the length of the claims are the result of claim
suppression schemes and not a result of improved workplace health and
safety. The assertion of the WSIB and MOL that benefit payout
reductions are an indicator of an improvement in health
and safety is a cover up. They cover up the government's refusal to
provide just compensation to injured workers and refusal to guarantee
all workers safe and healthy workplaces.
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