Navigating Canadian health and safety legislation: Your guide to Bill C-251

Understanding health and safety legislation

On May 9, 1992, a devastating explosion at the Westray Mine in Nova Scotia tragically claimed the lives of 26 miners. According to the Westray Mine Public Inquiry, exposed causes included “mismanagement, bureaucratic bungling, deceit, cruelty, cover-up, apathy, opportunism, and cynical indifference.”¹ Let’s explore how this disaster became a pivotal moment for transforming Canadian health and safety laws.

This tragedy led to the introduction of Bill C-21, also known as the Westray Bill, which amended the Criminal Code to hold organizations and their representatives criminally liable for failing to ensure workplace safety.

Why this is highly critical for health and safety professionals:

• Legislation: Under Bill C-251, managers are legally responsible for ensuring their workplace comply with health and safety laws. Failure to adhere to these regulations can result in severe penalties, including fines, legal action, or even imprisonment.
• Risk management: A deep understanding of health and safety laws enables managers to identify potential risks and take preventive measures. It is a fact that an efficient prevention planning reduces the likelihood of accidents, and costly legal disputes and reputational damage.
• Employee protection: Beyond legal obligations, managers have an ethical duty to protect their employees. A strong culture of safety awareness fosters trust and considers all stakeholders (management, employees, contractors, suppliers, partners, authorities) work towards a common goal.

In this article, we will explore the history and impact of Bill C-251, its significance for health and safety management, and key elements managers need to focus on to comply with this critical legislation.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult with your legal counsel for the most accurate application of the law.

The legacy of the Westray mine disaster

In the aftermath of the disaster, an exhaustive public inquiry revealed a shocking array of failures. The report exposed a lack of safety culture, insufficient preventive measures, and a reckless disregard for managing risks, leading to the excessive exposure of employees to danger.

In response, Bill C-21, commonly known as the Westray Bill, was introduced in 2004. This legislation amended the Criminal Code to hold organizations and their representatives criminally accountable for failing to ensure workplace safety. Bill C-21 laid the groundwork for Bill C-251, continuing to influence Canadian Health and Safety policies and reinforcing the need for stringent safety measures and accountability.

Bill C-251: What you need to know

What is Bill C-251?

Bill C-251 builds on Bill C-21, imposing stricter safety requirements and accountability for organizations and their representatives.

Impact on health and safety management

Bill C-251 implications for Health and Safety leaders:

1. Due diligence: The bill reinforces due diligence obligations: as health and safety professional, you must demonstrate that you have taken all reasonable steps to ensure the safety of your employees. This includes implementing comprehensive safety programs, conducting regular risk assessments, and ensuring effective communication and enforcement of safety measures.
2. Negligence: The bill makes it easier to hold individuals and organizations accountable for failing to meet safety standards. According to Section 219 of the Criminal Code, “negligence involves performing an act or failing to perform a duty with reckless disregard for the safety of others” ².
3. More responsibilities: Health and safety professionals must also actively improve safety practices and manage risks. This includes detailed record-keeping, rigorous safety planning and prevention, and documented investigation of incidents.

Key takeaways of Bill C-251

• New safety standards: More stringent rules for workplace safety, along with preventive and comprehensive compliance policies.
• Penalties and enforcement: Increased penalties for non-compliance and stricter enforcement mechanisms.
• Reporting requirements: Additional requirements for documenting safety practices and reporting incidents.

Upholding safety and accountability

Bill C-251 has been cited in several legal cases where organizations and their representatives faced charges related to workplace fatalities and injuries. These cases remind us of the continued relevance and impact of Bill C-251 in holding companies accountable and driving improvements in workplace safety standards.

Sources:

• ¹ Richard, K. Peter. The Westray Story: A Predictable Path to Disaster. Public Inquiry Report, Nova Scotia, 1997. Available at: https://www.thecanadianencyclopedia.ca/en/article/westray-disaster
• ² Criminal Code, Section 219. Government of Canada. Available at: https://laws-lois.justice.gc.ca/eng/acts/c-46/section-219.html