A Sudbury company has been charged under the Criminal Code in the death of an employee killed in a 2017 accident.

Rheal Dionne, 39, was driving a dump truck under an archway on his employer’s property when part of the archway collapsed onto the truck’s cab trapping him inside. Dionne was rescued but later died of his injuries.

The Ontario Ministry of Labour has laid 12 charges against Dionne’s employer, Rainbow Concrete, its owners and two supervisors in relation to the accident.

Following an investigation into the February 2017 incident, Greater Sudbury Police Service also recently charged Rainbow Concrete and its owner, Boris Naneff, with criminal negligence causing death.

The Westray Law — still seeking accountability

In May 1992, an explosion ripped through the Westray mine in Nova Scotia killing 26 miners. This tragic event led to a public inquiry which recommended amending Canada’s Criminal Code to add a charge of corporate criminal negligence to ensure corporate executives and directors are held properly accountable for workplace health and safety.

Accountability has been elusive though. Twelve years of dedicated labour campaigns resulted in Bill C-45 amendments to the Criminal Code. Known as the Westray Bill, the amendments became law in 2004. Since then, enforcement of the law has been spotty and inconsistent.

Last year, on the 25^th anniversary of the Westray disaster, and thanks to a persistent labour lobby, federal labour and justice ministers committed to working with labour and other partners towards better Westray Law enforcement, including training for labour inspectors and law enforcement officials and sharing best practices for workplace fatality investigations across jurisdictions.

The United Steelworkers Canada, instrumental in helping secure the Westray Law, have a dedicated campaign to seek its enforcement, including most recently in relation to Dionne's death. Ken Neumann, USW Canadian national director, said, “There have been more than 10,000 workplace-related deaths in Canada since the Westray Act was enacted and there have been very few criminal convictions and even fewer jail sentences for employers responsible for these deaths.”
 
Health and safety advocates are again calling on the Ontario government to do more to ensure companies and their directors are held accountable for workplace fatalities including setting up protocols and training prosecutors and law enforcement officials about the Westray Law.

Rheal Dionne leaves behind his wife and son. The loss is especially devastating for Dionne's parents. His father, Julien, is a retired USW health and safety activist and former WHSC training services representative in Sudbury.

Related campaigns and resources:
OFL Kill a Worker, Go to Jail campaign
CLC statement on government announcement to help enforce Westray Law

Workers Health & Safety Centre offers a wide range of information resources and training programs to help workplaces meet and exceed all legal training requirements. WHSC offers Bill C-45 training to help workplace parties better understand the concepts of criminal negligence and criminal liability reviews the duties of workers, lead hands, supervisors, members of joint committees and employers as it relates to the Westray Law.
 
Want to read related WHSC articles and resources?
Bill C-45 frequently asked questions (scroll down to Bill C-45)
Remembrance and action — Westray Mine disaster 25 years later
City of Ottawa politicians call for criminal investigations when workers killed
Worker death leads to criminal charges for northern mining company
Prison sentence for manager in 2009 swing stage tragedy
 
To learn more:
Visit:    www.whsc.on.ca 
Email:  contactus@whsc.on.ca
Call:     1-888-869-7950 and ask to speak to a WHSC training services representative.