By Doug Nesbitt
Postal workers are widely recognized as essential services during this crisis, but they’re sounding the alarm about working conditions which pose a glaring threat to themselves and the public.
On social media and in the mainstream media, postal workers are frustrated with the failure of management to respond effectively to COVID-19 threat, and adjust work routines and implement proper cleaning procedures and new health and safety safeguards.
“Cleaning is atrocious”
Conditions in the depots and garages are unsanitary. “Cleaning is atrocious. It’s not even atrocious, it’s actually non-existent,” says Basia Sokal, a letter carrier and union steward in Winnipeg who is also co-chair of the health and safety committee.
“They do everything they can to get around doing anything,” says Jonathan Shepherd, a letter carrier in Toronto. He reports that the trucks are never cleaned or sanitized, which makes simple things like eating a lunch difficult.
Sokal has spent 4 hours each of the last two days cleaning in the depot with supplies purchased by workers. In an interview with Rankandfile.ca Sokal rattles off a head-spinning list of equipment, machinery, materials and other things that postal workers touch every single day in the depot – including inside workers who touch every letter and every parcel that comes through. There is also the garage where the vehicle fleet is maintained. Desks and vehicles are also shared between workers.
There are reports in many locations of shortages of gloves and disinfecting cleaning supplies need to clean equipment, vehicles and surfaces used in retail locations with the public.
“We do have [standard issue puncture-proof] gloves but I think it’s a false sense of security,” explains Sokal. The work gloves are not the same as latex gloves. They are made of a rubber and a thick fabric material, but they are not at all designed to stop COVID-19.
Workers are nevertheless leading the efforts to change conditions. Initiatives have been made to improve social distancing measures in retail offices, including taping floors and installing plexiglass as has also happened in grocery stores.
Business flyers
Work routines have hardly altered since the outbreak of the pandemic. Perhaps the most glaring example of this is the continuing distribution of business flyers, making every letter carrier expose themselves to numerous unnecessary points of contact. Some businesses being promoted are not even open and others will likely go under in this economic crisis.
Shepherd walks 20 kilometres and climbs 8,000 stairs per day. He says the business flyers comprise about a third of his points of call. Shepherd says he’d cut out at least an hour of work each day not delivering the flyers.
“It’s stressful enough exhausting yourself every day without a pandemic. I’m pretty sure it’s not very good for my immune system.” But he chuckles about delivering flyers for real estate agents. “Are they really doing open houses?”
Sokal reports that there has been a health and safety work refusal in Winnipeg, but says the collective agreement is incredibly restrictive. Work refusals have to be made day after day and only apply to the worker making the work refusal.
Shepherd intiated a work refusal but says his steward undermined him, saying he had no case. “We sat down with management and my steward said nothing. I made my case having no one on my side. I ended up doing the work anyway.”
Policy and process
Management inaction and neglect isn’t the whole story. Some postal workers are also angry with what they see as the failure of national union leaders to enact some kind of coordinated action in response to management neglect.
Sokal says the collective agreement only allows the national leadership of the Canadian Union of Postal Workers to call a general work refusal. “We had a wildcat strike here a few years ago and there were huge fines and the national leadership was furious.”
When asked why CUPW national leadership isn’t acting, Sokal believes that the national leadership is busy on conference calls with management and tied up with “process and policy”.
“We’ve had no collective agreement for two years. What does it take to say “fuck it” and call massive workplace actions?”
“We can’t wait for direction,” says Sokal. As a shop steward she says “you can’t have 150 people angry at you all the time.” Sokal is going to continue to cleaning the depot every day. “I’m probably going to get sick but at last I’m helping out my co-workers.”
As for the public, Sokal’s advice is blunt: “Please stay inside. We touch so much stuff all day. Stay away from us for your own safety, not ours.”
“I’ve had a lot of awkward conversations,” says Shepherd. “You don’t want to be that guy telling people what they can and can’t do.”
Pretty pathetic that Canada Post does little or nothing for this pandemic!After all the safety and health of their employees are #1 !
As a CUPW member and Union Steward I just wanna point out how irresponsible this article is. There has been no evidence supplied by either the writer of this article or the other members that were interviewed that these things are happening either by Cnada Post or the Union. That being said, yeah there are issues with gloves, masks and cleaning products, but to say how “atrocious” and non-existent the cleaning, is for one, takes away from the hard work that the cleaners of the facilities are doing. Two, that as the one member admits, she is taking away work from those same workers by cleaning the depot. As she has stated that they are a Steward and Health and Safety Chair, it would appear workers rights only go so far for her. I am unsure as to way she places herself in harms way by doing this work if she is saying how dangers it is and tells others to use the right to refuse. It likes a mine inspector telling workers to leave the mine because it can collapse, but heads in themselves and starts mining.
They speak to the right to refuse work and how its restrictive, which yes there is a process, but that process is in place to protect the WORKERS, so that everything is documented and the boss can’t ignore the issues. Its tedious yes, but it’s in place because of that boss, not because of the collective agreement. I feel for the Brother in Toronto, but what was the reason for the refusal? I’ve been a steward for 15 years and there’s times where we can’t doing anything because of the agreement or Legislation.
I’m also unsure as to why there’s the comment of its in the collective agreement that only the National Union can order work action, there is nowhere I can see in there that says that, maybe she’s mistaken the collective agreement with our constitution.
While I’m not from either of these Locals, what did the wildcat strike get you? Were the fines worth it?
There’s the comments that National isn’t doing much cause they’re in meetings with the boss, talking about policy and process. Isn’t that what they get elected to do? What else are they supposed to do? I’m at a loss as to the little understanding of Union structure that the Sister from Winnipeg has, considering she seems to be in the news and in articles so much. (before I wrote this comment, I did my research on this article)
As for the comment about “fuck it” and call for massive workplace actions. Well my Region and Locals are doing “massive…actions” and fighting for every member! Also, National can’t do anything about the CA, because the Prime Minister FORCED US BACK TO WORK and legislated us to Arbitration. That Arbitration does not allow us to have workplace actions. Canada Post has been dragging that Arbitration, that Arbitrator has ask for extension and CUPW has raged against this every step of the way.
Canada Post is failing us as workers absolutely. No doubt. 100%. They can’t do anything right.
Things are being addressed, because of us Rank and File members yes. It’s also because our leadership having those meetings and supplying us with updates all day long that we head back into the trenches fighting this battle. Unlike, the other Brother and Sister in this Article, I choose to back up my Union and Members with a fight at the Boss, not a fight with each other. Nothing is perfect in the Union movement like any movement, but blaming everyone else while there’s a crisis only goes to divide us, to weaken our resolve. What this article does is puts 20% blame on the Boss and 80% blame on the Union. THIS IS ALL OF CANADA POSTS FAULT, so before the sister blames more of her comrades and less on the Boss, I’d hope she sees where the true fight is.
I was looking further into this issue and saw through this website Rank and File that Sister Sokal seems to be the predominant one from CUPW that is interviewed for things or writes articles for this site. I think a broader prospective from others besides her could help to better get appreciation of what we go through.
She seems to only bring a negative prospective to my Union and Labour in general.
This site is for us workers and it should be used to fight the boss not ourselves.
Solidarity Everyone.
He’s right about how far and how many stairs he does daily, that’s pretty standard.
The cleaning of any postal building has been non existent to disgusting in every depot I have worked at over 14 years.
I am in a mail processing plant now, and it is the worst I have ever seen. We complained for two years then they finally swept the floor!
We share mail sorting cases for manually sorted mail, we have one shift coming at the same time the last shift is going, all of us through a single revolving door.
The extent of extra safety practices in our plant….. the supervisions are policing the time clock so we don’t stand too close together. What a joke. This is the most unorganized, inefficient company I have ever worked for.
Why haven’t we walked out? Because two years ago we were ordered back to work from rotating strike action, so now, sill without a contract, if we take action, we get fined.
Trudeau ordered us back to work then. Well now he’s saying to everyone… “Enough is enough, go home and stay home”. We had to listen to him 2 years ago, why not now?! I realize CP is considered an essential service, however, the FACT that CP is doing nothing about social distancing is just WRONG!! This is one reason that employees are bitter regarding management. They always say “health & safety is #1“ but this is so obviously not what they believe!
Trudeau ordered us back to work then. Well now he’s saying to everyone… “Enough is enough, go home and stay home”. We had to listen to him 2 years ago, why not now?! I realize CP is considered an essential service, however, the FACT that CP is doing nothing about social distancing is just WRONG!! This is one reason that employees are bitter regarding management. They always say “health & safety is #1“ but this is so obviously not what they believe!
The floor was never swept for 2 years, that is hard to believe
This article is spot on …thank u for this…stay safe
I agree that working conditions in Canada Post warehouses are worse than many others. They are never thoroughly cleaned or sanitized as most of them are operational 24/7
National leaders of this union need to tell the employee strictly that workers safety matters and should hold them accountable. Without actions the words are simply meaningless.
Our fight was for Safety, mainly. We were ignored – then legislated back to work! Now my friends & coworkers are working in filth – during a pandemic.. “Essential”, but overworked in filth…. Someone at the top is missing the picture, the same one we went after in the beginning – Safety!!!
If it’s ignored any longer, there will be no essential service left…..
..And now the whole country is going to get an inside look into our Plants & Depots – because you won’t look after your employee’s!!!
These are decisions that could save Canadian lives!!! ??. But, no they’d rather squeeze a few more flyer sales in.
??????? You want to know whose making these choices..? The same one’s who never cared for it’s employee’s or their health, are the same one’s whose same choices are potentially putting countless of Canadians at risk – so that they can keep working toward their bonus….
You still have a collective agreement – you are working under the old one – it has a health and safety clause in it —- use it ?
Union, what union? CUPW and CPC are in bed together. Absolutlely no reason why we, the hard working men and women on the front line should be without a contract for this long. An internal investigation needs to happen. CUPW can’t get out of their own way. So much toxicity and decention, and corruption within the union itself. I have given up on them a long time ago. Change is needed.
Amen! To big changes.get rid of all the deadwood at both local and national.they are spineless.
Sign up and show us how good you can make things happen… govt needs to quit being the corporations bodyguard .
I’m with Jay
I have been saying this all along! Now you have millions of people sitting at home ordering all kinds of crap online just like its Christmas….the gov should have put out a plea to the public to only order essentials during this time…to help reduce the load and keep postal workers as safe as possible.
That’s more than the Government is capable of doing…..you know, “Common Sense!”. I’m a Retired Carrier in Ajax Ont having left the scene on Jan01st/2011 after 36 1/2 Years working in Ajax always a Letter Carrier/MMC. Boy, did you guy’s and gal’s ever get screwed.I fully support you and still refuse Direct Deposit of my OAS and CPP Pension Cheque’s, I still Pay all my Bills by Mail, to try and do my little part keeping you in Work so you get a Pension. I have never seen such a toothless Union as it is now. Over 2 years with No Contract Sucks. Clearly, there is a Problem within. It used to be a great Job, so Glad I am done now, and I am so sorry for what you have all been left with. Times and Attitudes have changed, Backbone of SOME of the Postal Worker is gone, the Union isn’t as much a threat as it once was. Many of the “Warriors” are all Retired now, from the Rank and File to the CUPW Leaders. Postal Transformation was a complete screw-up and now look at the size of the Routes and the Workload forced upon you, and the management doesn’t care. I really am sorry for all of you…I wish you all the best, hang in there.Thank you for what you do. I can appreciate your hardships.
Thank you Basia for speaking out!
Thank you to rankandfile for this article
Yes I agree the depot I work in is dusty beyond belief, but my biggest problem is the lack of respect for 6ft , as for cleaning wipes I bring my own jar of wash cloths with bleach I don’t count on others to protect me
no contract then the govenment should be giving us danger pay like the grocery stores. our depot was so dusgusting prior to this we were gonna walk, so they cleaned the place over 3 days up to their par!! place is still dirty floors are not sealed so you can imagine the dust we breath everyday. i for one have allergies and work inside.
So true, I constantly sneeze at my case cuz the dust is everywhere, I don’t think the top of the cases have EVER been wiped down,so filthy, it’s disgusting!!
I remember when we used to make a profit return like 224 million to the federal coffers every year, back then their was still lots of money to go around and spend on all sorts of stuff like new plants and depots and cleaning projects like S4… Maybe the feds are waiting to look at the CPC books after the great letter mail depression and retool the company as a subdivision of Camazon Post…
We are now entering a global recession and, so getting a regular pay cheque, might not be as easy to get in the future.
Although I appreciate everyone’s perspective, it is articles like this that continue to divide Unions & Members. Blaming National and calling for mass walkouts or Wildcats is entirely irresponsible.
While many of the positve changes that have happened are due to workers enforcing thier rights with the assistance of their Union- not inspite of them… We are all in this together!
Failures and delays are the bosses only. When was the last time you heard of any Union leadership advocating for less safe workplaces?
Yes, we should be requiring the boss to provide the tools to safely do our jobs. Yes, we should be using our collective agreement when they fail. Yes, we should be prepared stand up for health and safety. Finally, yes, our patience is running thin. But let’s look at some of the facts…
We all know that supplies are running short in many communities. Too many people buying much more than they need. This is being felt in many Post Offices, but this should not absolve Canada Post of thier responsibilities. We also know that Hospitals and front line workers are struggling to maintain inventory on these items as well. We also know that First Nations communities are struggling to gets ANY testing for COVID 19. We know that workers around the country are being fired, furloughed or laid off. Many without any protection of a collective agreement or Union.
I get that things are not perfect, and I get that people are very close to using thier rights to refuse unsafe work. But it is not because of the Union’s failing.
Despite some of the struggles highlighted in this article, this is not everyone’s experience. Many successes are because of workers enforcing thier rights, taking it upon themselves to ensure thier health and safety and working with community organizations to assist with shortfalls. This is how Postal Workers will win the day.
While COVID 19 plays out and we all learnt from the lessons it will have left behind, I’ll know that it was my Postal Worker who continued to deliver food, medicine and essential items to Canadians. If it comes to them enforcing thier rights in order to do this – I support them.
What I do not support is finger pointing and blaming of good hardworking people in times of crisis. Let’s focus on pressuring the Boss to keep us safe and employed. Keep it classy!
Well said. Thank you for this.
Why are we still without a contract? If we are an essential service to Canadians, we should have a contract!
We as the workers are in close proximity of our co-workers daily, so how can we keep social distancing within our depots or plants?
Safety first fellow workers and please take care of each .other.
Yep. I’m out here cleaning my depot too. Until I see cleaning crews I will not stop. Its frustrating that the same issues are across the nation. Comforting that we are not alone. One day at a time.
Recent retired worked both inside and outside carrying at canada post. Years ago the corporation would police wash room breaks and pushed people to come to work sick, zero absenteeism was and is the goal for their bonus. They eliminated the sick leave benefit and recently eliminated the 5 min wash up time at end of shift. These are the 2 things they now tell us to do stay home if sick and wash hands regularly!? Thankfully we have a union and retain a clause for paid leave for quarantine and enhanced health and safety provisions better than basic labor code.
All the Health and Safety Deficiencies noted are factual within Canada Post ! I could write a book . However with the weak contract language provisions and current Federal equally weak Health & Safety Regulations , Postal Workers are being put at Risk !
If members didn’t defy their leadership and do what needs to be done CUPW wouldn’t exist. I don’t see a lot of memory or muscle these days and it’s a crying shame.
First of all, I’m a Supervisor but was also a carrier. Most of my work colleagues are carriers and many are stewards. (My old man was a 40yr union guy and steward too) So I can say it as I see it.
Although I feel the corporation could do more the reason I came here to comment is because the cleanliness is everyones job !!! Not a week goes by that I lend vehicles to other carriers or use them myself and find that they are dirty and gross. Even after one use! Same goes for the cases and everything else.
Don’t believe me? That’s fine…most who complain about this is other CUPW members. Listen, there are pigs at the top as well. But don’t think that everything is gross at the station or vehicle because of management! Also, I’m not shitting in the LFT’s…you know who you are…
Supervisors are the worst. We’re talking about a pandemic and all this person can talk about is dirty vehicles. Typical supervisor wanting us to be car wash attendants now on top of being letter carriers.
How many times have we all heard this…
“Hi I am a Supervisor, I’m getting lots of complaints from workers about how bad other workers and the Union are”
Or
“Hi it’s me the Supervisor again, so this thing that Management is pushing down our throats that is unsafe and against the Collective Agreement…ah……yeah….we don’t want to do this, but the Union agreed to it/made us do it/it was their idea…..look over there its a clown on a Kangaroo” wooooooosh disappears the Supervisor.
Good point…. this “isn’t my job” attitude accomplishes nothing. But the ones who’s job it is , so very minimal service at basic cleaning . Washrooms no paper towel, soap on some days . Why pay these clowns ? To empty garbage cans ? Everyone case spare 2 minutes to wipe down their carts and desktops . Sanitize you’re hands etc. If we all chip in 2 minutes , it can accomplish a lot
Sorry to break it to ya but my Route activities report has no cleaning time for vehicles or depot. You may know, as you are a supervisor, that cleaning of sorting cases is managements responsibility. If Canada post wants to measure every step i take, door i open, and movement i make, then they better include it in my eight hour and twenty minute over assessed seven hour day.
Every day i wipe down my unfinished wooden case, my cart, my PDT and my keys. I dont rely on others to take care of me…im a gorwn up and obciously we cant rely on the corp to do it so indo it myself. Be well Brothers & Sisters!!!
What about our fleet service we deal with vehicles all day. Picking them up from depots , vehicles towed in. We are in a closed building our lunch room is small never cleaned, workers are all upset but I guess management doesn’t care or CP doesn’t see how bad our work place is. BRADCO. We have to get into trucks breathing the air we’re drivers eat there lunch and cough and sneeze, that’s ok right. , I don’t think so. Wake up CP. and our helpful union lol a joke.
I moved inside in November after being a carrier for 9 years. My experience is that we get minimal safety training as both letter carriers and PO4s, so that if anything happens, management is covered. Inside now, we have run out of Purell at the first floor elevator, the second and third floor elevators and the main congregating area where most people clock in. Health and Safety is unable to buy more bags to replace in the dispensers. When I voiced concern, I was told that I could leave the floor at any time to go and wash my hands, which I do appreciate, but it is not the best solution. We have a new cleaner who wanders around wiping down railings around the floor and belts, but I have never seen him wiping the time clocks, computer screens and mice we use for printing cage tags, elevator buttons and inside the elevators! The Purell dispensers themselves are all filthy where you have to press on them to dispense. There is room for a lot of improvement with the cleaning procedures.
My main concern inside is the same as mentioned above; some people are not aware of, or not taking seriously the distancing measures. Co-workers move in too close and I had to tell a supervisor that he was not six feet away from me. I confirmed with one co-worker that we maintain distance, then when I bent over into one mono, she also bent into it from the other side, and our heads were less than two feet apart. There are obviously people who still don’t think it matters. Just Wednesday or Thursday some supervisors put tape down on the floor at two metre intervals, so now if someone crosses your path, once again, it will be our own faults and not theirs. I will have to speak up again as people move in too close. They could issue new gloves daily, but no suggestion of that from management.
canada post does not care about us. managers and supervisors only care about their bonus.even in this time of covid19. my station just got cleaned for the first time on thursday by a couple of managers with a bottle of lysol and a rag. at least 50 people working with no 6 foot rule. still doing flyers. terms and temps coming in without knowing their traveling history. i know a doctor a nurse a police officer and a grocery clerk have died already from covid19. wont be long before a postal worker will be added to that list.
The sad part of all of this is the fact that we have had all of these issues way before this pandemic began. Letter Carriers walk 20km/day or more, carrying way more than the 35lb limit, which is hard enough on the body. In our depot anyway, I have never seen anyone be properly fitted for their satchel. Of course, it not only contributes greatly to getting injured, but actually makes it even harder on your body. If you get injured, which is only a matter of time, it is like fighting for your life and only having representation from yourself!
As for flyers!! According to our ‘SuperIntendent’ its business as usual. Oh sure, we are given hand sanitizer….not sure what exactly that is going to do, considering everything we touch. Everyone is complaining about the cleanliness of the depots. So can you imagine, how many people touch those flyers. Once we receive them, we have to count out anywhere from 1-11 flyers PER household. Sure we can wet our fingers, but either way, we are still forced to deliver them to every house whether they have any kind of mail or not. So when I am told its business as usual, it is like telling me, they do not give a shit what happens to us!!! They do not care if you are injured, they do not care if you contract a disease or are a carrier of it and are delivering that disease to everyone’s door.
If people only knew how corrupt and disgusting the actions are of Canada Post and the Management really are.
Canada Post should be very weary. They have responsibilities pursuant to section 33 of the collective agreement (ca) as well as clause 33.13 of the ca. Section 128 of the Canada Labour Code is useless, as 99% of the time, investigators agree with the employer that there is no “imminent danger” and quickly dismiss the complaint. The test or threshold for “imminent danger” is so high, agreeing with the employee doesn’t happen.
The only legislation that the employer fears (for good reason-they don’t want to any time in the jug) is the Westray Bill or Bill C-45 which amended the Criminal Code of Canada (the “CCC”), specifically section 217.1 of the CCC. This bill came into effect as a result of the 1992 Westray Mining disaster where 26 good men, miners, lost their lives due a methane gas explosion. Employees at the mine had raised safety concerns which were ignored by the company, the Union and Government inspectors. 26 souls were lost to a preventable explosion.
A Royal Commission of Inquiry was established and at the conclusion, 74 recommendations were made. Recommendation 73 led to the amendment of Section 217.1 of the CCC. 217.1 created rules for establishing “criminal liability” to organizations (or crown corporations like Canada Post) for the acts of their representatives. This section of the CCC, also establishes a legal duty for all persons “directing the work of others” to take reasonable steps to ensure the safety of “ workers and the public”.
Here is a little more:
Westray bill or Bill C-45 (introduced in 2003/became law on March 31/04)
What was the Westray bill (Bill C-45)?
The Westray bill or Bill C-45 was federal legislation that amended the Canadian Criminal Code and became law on March 31, 2004. The Bill (introduced in 2003) established new legal duties for workplace health and safety, and imposed serious penalties for violations that result in injuries or death.
The Bill provided new rules for attributing criminal liability to organizations, including corporations, their representatives and those who direct the work of others.
NOTE: The Canadian federal government reuses bill numbers. Currently Bill C-45 is being used to announce Act(s) respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts.
Sections of the Criminal Code
The amendment added Section 217.1 to the Criminal Code which reads:
“217.1 Every one who undertakes, or has the authority, to direct how another person does work or performs a task is under a legal duty to take reasonable steps to prevent bodily harm to that person, or any other person, arising from that work or task.”
The amendment also added Sections 22.1 and 22.2 to the Criminal Code imposing criminal liability on organizations and its representatives for negligence (22.1) and other offences (22.2).
Why was Section 217.1 in the Criminal Code created?
The amendments announced in Bill C-45 (2003), also known as the “Westray Bill”, was created as a result of the 1992 Westray coal mining disaster in Nova Scotia where 26 miners were killed after methane gas ignited causing an explosion.
Despite serious safety concerns raised by employees, union officials and government inspectors at the time, the company instituted few changes. Eventually, the disaster occurred.
After the accident the police and provincial government failed to secure a conviction against the company or three of its managers. A Royal Commission of Inquiry was established to investigate the disaster. In 1998, the Royal Commission made 74 recommendations. The findings of this commission (in particular recommendation 73) were the movement that led to amendments of the Criminal Code.
What are the main provisions of Section 217.1 in the Criminal Code?
Section 217.1 in the Criminal Code:
• Created rules for establishing criminal liability to organizations for the acts of their representatives.
• Establishes a legal duty for all persons “directing the work of others” to take reasonable steps to ensure the safety of workers and the public.
• Sets out the factors that courts must consider when sentencing an organization.
• Provides optional conditions of probation that a court may impose on an organization.
Who is responsible for enforcing occupational health and safety laws?
• Depending on your jurisdiction, the Ministry (or Department) of Labour or Workers’ Compensation Board (WCB) enforces OH&S laws. Across Canada each province, territory and the federal government are responsible for enforcing their own individual set of occupational health and safety laws. Each jurisdiction employs inspectors who visit workplaces to ensure companies are complying with their OH&S legislation. In the unfortunate event of a serious incident, these inspectors conduct an investigation and determine if a charge should be laid under the appropriate section(s) of the OH&S Act or regulation. An accused individual or company may then need to appear in court where a fine or other penalty could be imposed if they are convicted. The police are not normally involved in this process.
What types of offences will be targeted?
• To date there are eight cases where individuals were charged under the new provisions in the Criminal Code. See below for a brief summary of the charges.
Note: At the time the law was being discussed in parliament, the government commented on its intentions for the Bill stating that:
• “the criminal law must be reserved for the most serious offences, those that involve grave moral faults… the Government does not intend to use the federal criminal law power to supplant or interfere with the provincial regulatory role in workplace health and safety”
On December 24, 2009 four workers were killed and one was seriously injured at a Toronto construction site when the swing stage scaffolding they were on collapsed. Metron Construction and three corporate officers were charged with criminal negligence and fined $200,000 plus a victim surcharge of $30,000. Metron’s owner was personally fined $90,000, plus a victim surcharge of $22,500 under the Ontario Occupational Health and Safety Act. A total of 61 charges were laid by the Ministry of Labour. The fine against the company was appealed and in September 2013, the Appeal court tripled the fine against Metron, raising it to $750,000 for Criminal Negligence. An additional victim surcharge of $112,500 was levied against the company. The appeals court judge found that the original fine of $200,000 was “manifestly unfit”. In 2016, a supervisor was charged and convicted under the Criminal Code, and was sentenced to 3.5 years in prison.
What is more serious than an International Pandemic?
If Canada Post’s inaction results in deaths or serious injury to Canada Post employees or members of the public, those who make the decisions or direct the work of others are liable and risk years of incarceration. If a corporation generating $8 billion a year in revenue, decides to cheaply administer health and safety (which they have always done and will continue to do) then they are morally responsible for their actions.
Front line workers are out there everyday potentially exposing themselves to the contagion (COVID-19 Virus), while Canada Post Executives and Management are in survival mode, sitting in their homes, wearing their comfortable bathrobes in their climate controlled domiciles, risking no exposure whatsoever to the killer virus.
We know that Canada Post is not an essential service. If Canada Post was, the Unions within Canada Post could not strike and would be making substantially more in annual income and in benefits. There would never be strikes and there would never be “ back to work legislation” imposed by the Federal Government, if Canada Post was an “essential service”. If Canada Post was an essential service, the wages would be much higher than they are now, the benefits would be much better and if negotiations between the parties ever broke down, the outstanding issues would be sent to a third party (Federal arbitrator) for resolution.
If Canada Post neglects to respect a worker’s health, safety and environment, and that worker believes that his or her health or safety is in jeopardy, he/she can exercise his/her rights pursuant to clause 33.13 of the collective agreement and refuse to work in an unsafe work condition or environment. This is is most powerful clause in the collective agreement and should be used or exercised on a regular basis, especially when it concerns matters of life and death (COVID-19 Virus). The Union must investigate the 33.13 work refusal and the work must stop (and no one else can be forced to do this work) until the investigation is fully completed.