Demands for Action in Defence of Rail Workers' Safety

Investigation Launched into 2019 Derailment

February 4 marked the second anniversary of the tragic deaths of three CP rail workers in a derailment near Field, BC. Conductor Dylan Paradis, engineer Andrew Dockrell and trainee Daniel Waldenberger-Bulmer died when CP Train 301 derailed near Field, British Columbia and plunged into the Kicking Horse River. 

On the anniversary Lyndon Isaak, President of the Teamsters Canada Rail Conference, issued a commemorative statement which read, in part, "With the anticipated release of the Transportation Safety Board's investigation expected in the coming months and the RCMP investigation underway we are hopeful we will have some answers to many of the outstanding questions surrounding this tragic event. We are committed to fighting for improvements to rail safety and ending these senseless tragedies that have plagued the rail industry over the recent years."

The Teamsters Canada Rail Conference, working with Niki Ashton, NDP MP for Churchill -- Keewatinook Aski, and the families of the three workers, had organized an e-petition to Parliament and video appeals to Prime Minister Trudeau. The petition stated "The CP investigation has led to deeply concerning allegations and a call for an independent criminal investigation; The handling of the investigation has raised major concerns about the ongoing role of the railway police forces; The government of Canada through the department of Transport and the department of Public Safety have failed to ask the RCMP to launch a full and independent investigation on the accident; and The safety of rail workers, who are essential workers, is at stake and the families of those who perished deserve answers." Petitioners called upon the government to "launch a full and independent criminal investigation into the deadly derailment of CP train 301."

The CBC reports that the RCMP's major crimes unit in British Columbia has now opened a criminal investigation into the derailment. A spokesperson for the RCMP is quoted as saying that the BC prosecutor's office agreed that "potentially there could be some criminality here and that it warranted further investigation."

The two main rail monopolies in Canada, Canadian National (CN) and Canadian Pacific (CP) each have their own private police forces. The CP Police conducted an initial investigation which was ended only a month after the tragedy. The investigation only looked at the actions of the crew in the period before the derailment. It did not look at any of the policies and actions of the company. One of the officers involved in the investigation, who subsequently quit and is now an RCMP officer in Golden, BC, told the CBC's Fifth Estate that the investigation was hampered by CP which failed to provide investigators with information they needed. A separate Transportation Safety Board investigation is yet to be completed. On its website, the Transportation Safety Board of Canada lists investigation R19C0015 into the Field derailment, last updated February 1, 2021, with the notification that "The investigation is in the report phase, the final phase of a TSB investigation. The draft report will be circulated to designated reviewers on a confidential basis for comment. For more information, please refer to the TSB investigation process." No date is given for when the report is to be released. In any event the TSB has no power to lay charges but can only publish findings and make recommendations.

Rail workers work in dangerous conditions. The need for adequate rest and training, for the implementation of rigorous safety procedures and for safety standards related to crew size, transportation of hazardous goods, and matters such as the length of trains on mountain passes, modifying or halting operations in extreme weather situations, are of utmost concern. In 2019 the workers waged an eight-day strike over safety conditions which resulted in some improvements but conditions remain far from satisfactory. The TSB, in its annual 2019 report on "rail transportation occurrences," states that 72 people, five of them employees, were "rail fatalities" that year, "up from 57 reported last year and approximately the same as the previous 10-year average of 73." In 2019, besides the increase in fatalities, in comparison to the average in the years 2009-2108, there was a 17 per cent increase in rail accidents, a 42 per cent increase in the number of main-track accidents per million main-track train miles, an increase in the number of accidents that involved dangerous goods, and the number of accidents resulting in release of dangerous goods was eight, double the ten-year average of four.

The use of a company police force to investigate, and the self-regulation of the industry by the companies without public oversight, has resulted in tragedies like the Lac Megantic disaster in 2013 and many other preventable incidents. Railway companies and the federal government must be forced to account for and take responsibility for the safety of railway workers and everyone who lives in the communities through which the trains pass.

(With files from Teamsters Canada Rail Conference, CBC, Transportation Safety Board. Photos: TRC, CUPW)


This article was published in

Number 3 - February 8, 2021

Article Link:
Demands for Action in Defence of Rail Workers' Safety: Investigation Launched into 2019 Derailment


    

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