April 27, 2021 - No. 34
April 28 -- National Day of Mourning
Join Railway Workers in Demanding Safe Human-Centred Working Conditions
• Lyndon Isaak, President, Teamsters Canada Rail Conference
• Demand an Inquiry into Rail Policing
• Protect Transportation Safety Board Whistleblowers
Join Railway Workers in Demanding Safe Human-Centred Working Conditions
Our biggest problems are, number one, deregulation of the rail industry, and number two, the mandate of Transport Canada.
Deregulation has been going on since the mid-'80s, the idea being
that the railways write the rules, and the railways can have their own
police forces investigate accidents or incidents in situations where
the actions of the railways themselves may be the cause. The whole
system is rigged in their favour.
The problem with Transport Canada is that their mandate has been the
protection of the economic viability of the railways, not safety. Their
focus on safety is a distant second.
a day and age when railways are making record profits, the focus is
still on economic viability. For example, Transport Canada approved the
Duty and Rest Period Rules a few months ago. The process that led to
those rules is the following: The railways were ordered by the Minister
of Transport to draft a new set of work/rest rules. They
were given a list of subjects that they were to address. They made a
draft set of rules. We commented on it, and then Transport Canada had
the option of altering what had been drafted or scrapping it and going
with something else. Transport Canada completely ignored what we
submitted. The railways had drafted their wish list of what they
wanted and Transport Canada fully adopted the railways' rules.
We had hired a sleep and fatigue expert to help us with our
submissions and we actually made multiple submissions on those rules.
Basing ourselves on science about fatigue, we are trying to reduce the
hours that our members can be forced to work. The companies proposed
something that is a bare minimum in terms of the safety of our
members. For example, we addressed rest facilities in our submissions
but the companies do not want any standard. They do not want any type
of reduction in the hours of work. In fact, they are trying to increase
the hours our people can be made to work.
One of the subjects the Ministerial Order demanded the railways
address was operating hours over the night shift. Night shift is the
worst shift. We gave them multiple suggestions on reducing hours or
ways to mitigate the problems of working at night. They completely
ignored our suggestions and did not address them at all. In the rules
Transport Canada approved this issue was still not addressed. That was
one of the most obvious ones. They were not even willing to consider
curtailing the hours overnight. And yet, our members regularly
transport thousands and thousands of tons of chemicals, sulphur,
propane, etc. when they have been awake for 30 to 40 hours straight. A
our work is 'on call' so you are up all day, and then things change and
they end up needing you at midnight that night. You have not slept at
all and you have to work 12 hours.
That whole process is mandated through the Railway Safety Act. We have been fighting on workers' sleep and fatigue for decades. It is one of our biggest concerns.
Society is progressing but the workforce is being pushed backward in time.
The Railway Safety Act
and the process through which rules are adopted has to be changed. The
union must have an input, not just consultation, but an actual say, not
just opinions that can be ignored, an actual say that must be
considered. Right now, the system is rigged.
On Field Hill in BC, three of our members died in 2019. There was a
brake issue which caused the freight train to move on its own at high
speed and derail. The negligence investigation was done by CP's own
corporate police force. We can say that usually people do not assign
blame to their employer because it usually costs them their
We are circulating two petitions to bring these matters to the public and this is also one of our most pressing concerns.
Safety has to be regulated and the railways cannot be the ones to
regulate themselves. Corporate police forces and self-investigation
have to come to an end.
1. The two petitions are reproduced below.
sign and circulate widely.
Petition to the Government of Canada (e-3235)
- Sections 44 and 44.1 of the Railway Safety Act
effectively authorize Canada's private railway corporations to own and
control police forces that exercise full criminal law enforcement
- These railway corporations' police officers are both public
servants and private corporate employees who report and answer to
company management in operational matters and criminal investigations;
Apart from one ad hoc criminal investigation that the RCMP launched in
December 2020, private railway police forces have invariably asserted
exclusive criminal jurisdiction over railway disasters, including cases
where the railway police forces' corporate owners were implicated;
- In a democratic Canada, criminal investigations of fatalities and
serious injuries must be entrusted to independent police forces, not
the private corporations that may be responsible;
- Systematically enabling private corporations to criminally
investigate themselves violates the rule of law, police independence,
and the integrity of Canada's criminal justice system;
- The Government of Canada has the duty to determine why, for over a
century, and despite the primacy of police independence, the RCMP and
Canada's public police forces have invariably allowed private railway
corporations to criminally investigate themselves through their company
police forces; and
- Private railway companies' self-investigation model has deprived
thousands of Canadians of their right to independent and accountable
criminal investigations of railway tragedies.
We, the undersigned, Canadian citizens, call upon the Government of Canada to establish a national inquiry under the Inquiries Act
to determine the causes and consequences of Canada's private railway
self-investigation model on the criminal investigation of thousands of
railway fatalities, serious injuries, explosions,
and environmental disasters.
the petition, click here.
Petition to the Government of Canada (e-3240)
- All Canadians must be free to report any wrongdoing they discover in the course of their work without fear of retaliation;
- Confidence in public institutions is enhanced by establishing
effective procedures for the disclosure of wrongdoing and the
protection of public servants who make such disclosures;
- The Canadian Transportation Accident Investigation and Safety Board Act
(CTAISBA) prohibits the Transport Safety Board of Canada's (TSB)
investigators from finding fault and making criminal referrals to law
enforcement, including cases where the TSB investigators find evidence
of potential criminal conduct by the transport
companies they are investigating;
- The TSB demoted its incident investigator, Mr. Don Crawford, for
disclosing potential criminality to the media regarding the fatal
derailment of the Canadian Pacific Railway's train 301 near Field,
British Columbia, on February 4, 2019;
- To date, TSB has effectively deprived TSB investigators of
whistleblower protections and a safe environment to report potential
criminal wrongdoing that the investigators have uncovered during their
- Public servants, such as Mr. Crawford, should be lauded, rather
than punished, for directing public attention to potential criminal
conduct that endangers workers and the public.
We, the undersigned, Canadian citizens, call upon the Government of Canada to:
1. Add a section 33.1 to the CTAISBA that authorizes TSB
investigators to make referrals of potential criminal violations to the
RCMP, independent police of jurisdiction, and Canada's attorneys
2. Amend the CTAISBA to expressly include TSB investigators and
personnel as "public servants" who are eligible for whistleblower
protection under the Public Servants Disclosure Protection Act.
To sign the petition, click here.
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