정책비교/노동2020. 12. 15. 17:25


바딤 카젠넬슨 (캐나다 건설사 메트론 소장)이 3년 6개월 실형을 선고받았다. 2009년 12월 24일 토론토 13층 건물 공사중, 건축 비계가 추락하는 바람에, 6명 중 4명의 노동자가 추락해 사망했다. 

2016년 1월 판사 이언 맥도널드는 "노동자들이 위험한 노동을 하겠다고 선택했더라도, 그것이 항상 그들의 자발적 선택은 아닐 수 있다"고 판결했다.

2004년에 제정된 "웨스트레이 법"은 캐나다 "중대재해기업 처벌법"이다. 맥도널드 판사는 "웨스트레이 법"에 근거해, 건설사 매니저 카젠넬슨이 '노동자 안전에 소홀한 중대 과실 범죄를 저질렀다고, 3년 6개월 실형 선고 이유를 밝혔다.


캐나다식 웨스트레이 법 (Westray Law)의 공식 법안은 Bill C-45라고 함.


Manager in fatal scaffolding collapse sentenced to 3½ years


4 men died after falling 13 storeys while working at a Toronto highrise on Christmas Eve 2009.

CBC News · Posted: Jan 11, 2016 5:00 AM ET | Last Updated: January 11, 2016


Vadim Kazenelson was sentenced Monday to 3½ years in prison for criminal negligence causing death in connection with the deaths of four workers. He is free on bail, pending the appeal of his conviction. (CBC)




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Construction project manager Vadim Kazenelson has been sentenced to 3½ years in prison for his role in a scaffolding collapse at a Toronto apartment building that left four workers dead on Christmas Eve 2009. 


Sentence in scaffolding deaths a first for Ontario

Vadim Kazenelson found guilty in deadly Toronto scaffolding collapse

Ontario court boosts fine for company in scaffolding collapse

The Ontario Superior Court found Kazenelson, 40, guilty in June 2015 of four counts of criminal negligence causing death and one count of criminal negligence causing bodily harm.


During sentencing on Monday, Judge Ian MacDonnell said he needed to impose a "significant term" on Kazenelson to make it clear to others that they have a "serious obligation" to ensure the safety of workers. 


He said Kazenelson was aware that five of his workers were not wearing safety harnesses, but still allowed them to board a swing stage 13 storeys high. It collapsed, causing the men to plummet to the ground. 


Kazenelson is appealing his conviction and was released on bail Monday, pending that appeal. 


MacDonnell said Kazenelson "decided it was in the company's interest" to allow men to work in "manifestly dangerous conditions."



Six men were standing on the scaffolding platform on Dec. 24, 2009, but there were only lifelines for two. (CBC)

The judge said Kazenelson decided the interests of the company outweighed the risks to the workers' safety in allowing them to work 30 metres above the ground without safety harnesses.


Court heard the work repairing balconies was behind schedule as Christmas Eve approached and that the company, Metron Construction Inc., would get a $50,000 bonus by finishing the project by Dec. 31.


"A worker's acceptance of dangerous work is not always a voluntary choice," said MacDonnell.


 The four workers who died when the swing stage collapsed — Aleksey Blumberg, 32, Alexander Bondorev, 25, Fayzullo Fazilov, 31, and Vladimir Korostin, 40 — were all recent immigrants from eastern Europe.



Families have been destroyed here. This is not just about profits any longer.

– Ontario Federation of Labour president Chris Buckley


Another man, Dilshod Marupov, was seriously injured, suffering a fractured spine and ribs, in the fall outside the highrise apartment building on Kipling Avenue, just south of Steeles Avenue West.


Kazenelson managed to hold onto a 13th-floor balcony when the swing stage split in two, the court was told at his trial in June.

 He had been handing tools to the men earlier that day, according to testimony.


It's the first time in Ontario that someone has been sentenced to a prison term under the "Westray Law," a 2004 change to the Criminal Code that makes employers criminally liable for workplace safety lapses.


 The Crown was seeking a sentence of four or five years in prison; the defence was suggesting a one- or two-year prison sentence. Imprisonment on each count is to be served concurrently.



Sentence sends strong message


"I hope this certainly opens up the eyes of every employer out there to protect every worker's health and safety," said Sylvia Boyce, health and safety co-ordinator with the United Steelworkers' national office. "I think it's important that there is jail time for those that are criminally negligent."


The case shows the need for law enforcement agencies to probe worker deaths "through a criminal lens," Boyce told reporters outside the courtroom. "Every other death in society, they investigate to see whether criminal charges should be laid," she said. "Workers' deaths should be treated in the same manner." 


Ontario Federation of Labour president Chris Buckley praised the judge's ruling, which he said sends a strong message to any employer who tries to save money by skirting workplace safety rules. 


"Every employer should have shivers up their spines today," Buckley told reporters outside the courtroom. "Bosses cannot expect that it's all about money. Families have been destroyed here. This is not just about profits any longer. This is about health and safety of workers."



Ontario Federation of Labour president Chris Buckley says the sentence sends a message to employers that workplace safety rules can't be ignored. (Mike Crawley/CBC)

Metron's president, Joel Swartz, was also initially charged in the case, but the Crown dropped those charges in July 2012, saying it couldn't secure a conviction. 


The families of the victims were not in court for the sentencing. "They've made the decision to not attend and to move on with their lives," Crown prosecutor Rochelle Direnfeld told reporters outside the courthouse. 


"The toll on the families … has been huge," said the lead Toronto police investigator in the case, Det. Kevin Sedore. 


Kazenelson's mother was in the courtroom and wiped away tears after the sentence was pronounced. 


His bail conditions will allow him to work while waiting for the appeal to be heard, which his lawyers say they expect could take a year. 



In 2010, Dilshod Marupov stands in front of the Toronto apartment building in where he was injured in the collapse that killed four others. (Darren Calabrese/Canadian Press)

"We respectfully believe that the trial judge Justice MacDonnell made errors," defence lawyer Lou Strezos told reporters outside the courthouse. "We feel that he misapprehended evidence and failed to consider evidence that pointed in a different direction."  


Numerous safety violations emerged as the case made its way through the courts. Only one man of the six on the scaffolding was wearing a harness secured to a lifeline — and he was the only one to survive.


Kazenelson allowed the six men to keep working on the platform at the time, although there were only lifelines available for two people.


Court documents also showed that three of the four men who died had marijuana in their systems before going up to repair the balconies. One of the three was also a supervisor.

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정책비교/노동2020. 12. 15. 16:16


질병으로부터 안전한 '일터 만들기' 운동 - 캐나다 온타리오 주, 온타리오 노동자 총연맹 (OFL)은 6년간 장기 캠페인을 벌였다. "노동자를 죽여라, 그러면 감옥에 간다. Kill a Worker, Go to Jail 

캐나다 노동자들의 주장. "일터 건강과 안전이 캐나다 국가의 제 1 과제이여야 한다" 


캐나다 14만 5000명 노동자들이 석면 위험에 노출되어 있다. 매년 2천명이 흉부종피종이나 폐암과 같은 치명적인 병에 걸린다. 

석면 (asbestos) 은 흉부종피종과 폐암의 원인  

메쏘띨리오마 mesothelioma 가슴 ,흉부, 늑막 조직에서 자라나는 암의 유형

허파, 위장 복부, 심장 부분에서 암이 자랄 수 있다. 원인은 석면. 숨쉬기 곤란. 가슴 압박 통증. 진단 이후 12개월 생존 가능.

2011년 이후 캐나다에서 석면 함유 물질 수입을 금지하고 있지만, 완전 규제를 하지 못하고 있는 상황.

<한국과 비교>

토론토가 속해 있는 캐나다 온타리오 주 인구는 1400만 정도로 캐나다 인구의 3분의 1이 살고 있고, 경제와 산업의 중심지라 할 수 있다. 2015년 온타리오 주에서 일터 사고와 질병으로 사망한 노동자 숫자는 226명이다. 한국의 경우와 비교하면 한국이 캐나다 온타리오 주에 비해 2.5배 일터 사망자가 더 많다.


<원시 메모> 

한국에 비해 캐나다의 일터는 상대적으로 안전한 편이다. 그리고 자본가, 회사 경영자가 '일터 사고 질병 사망 노동자'에 대한 태도 역시 한국에 비해서 더 심각하게 다룬다. 한국에 비해 육체 노동자를 천시하지 않고, 임금 역시 체감상 한국의 1.5배~1.7배이다.   

그런데도 캐나다 노동자와 노동조합은 "노동자를 죽이면 감옥간다"는 캠페인을 벌였고, 아직도 지속적으로 운동을 펼치고 있다. 





https://ofl.ca/campaigns/kill-worker-jail/

출처: https://bit.ly/382uhY0

Workplace Safety Must be Canada’s Bottom Line

OFL Statement on National Day of Mourning for Workers Killed or Injured on the Job – April 28, 2016


Thursday, April 28 is the labour movement’s most solemn day. Thousands of workers, friends and families of fallen workers will gather at ceremonies across Ontario to recognize the National Day of Mourning for Workers Killed or Injured on the Job. As we mourn for the dead, the Ontario Federation of Labour (OFL) will continue to fight for the living.


The OFL’s six-year-long campaign, “Kill a Worker, Go to Jail,” made history earlier this year, when Metron Construction Project Manager, Vadim Kazenelson, received Ontario’s first prison sentence for workplace negligence causing the deaths of four workers and the serious injury of a fifth. The sentence was the first of its kind in Ontario, since the Criminal Code of Canada was amended in response to the 1992 Westray Mine Disaster, to allow for the criminal conviction of negligent employers.


“Workers have been fighting for health and safety rights for centuries but we know that we won’t stop the carnage in the workplace unless employers come to realize that there will be serious personal consequences if they put workers’ lives in the line of danger,” said OFL President Chris Buckley. “No prison term or financial penalty can bring back the workers who died or undo the pain felt by their families, but we hope the threat of jail time will send a shiver down the spine of every employer and make them see accident prevention as an occupational priority.”


According to the latest statistics from Ontario’s Workplace Safety and Insurance Board (WSIB), 226 workers reportedly lost their lives in 2015 due to workplace tragedies or occupational disease. Roughly 230,000 Ontario workers are injured or made sick at work every year, thousands of others pass away years later due to resulting health complications, and still other cases, undoubtedly, go unreported or unacknowledged. It amounts to a workplace epidemic that has needlessly cost tens of thousands of lives and impacted literally millions of working families over the years.


This year, the OFL has joined the Canadian Labour Congress in calling for a total ban on asbestos. Every year, 145,000 Canadian workers are exposed to asbestos in their workplace and, tragically, over 2,000 are still being diagnosed with often fatal diseases, like mesothelioma and lung cancer. These startling figures have earned asbestos a reputation as the number one workplace killer, yet after banning the mining and export of asbestos in 2011, Canada continues to allow the importation of products containing asbestos.


“There is absolutely no justifiable reason to delay a full ban on asbestos. Indeed, Canadian lives are depending on it,” said Buckley. “It is time to start listening to the resounding scientific evidence, it is time to start listening to the tragic stories of the families of fallen workers, and it is time to make workplace health and safety a national priority.”


OFL Officers and staff will attend Day of Mourning Ceremonies in cities and towns across Ontario. The province’s labour unions, regional labour councils, injured workers’ groups, family members and allies will come together demand action – from our courts and from our governments – to ensure that every employee who heads off to work will return home safely to their family at the end of a workday.


“Canada has the opportunity to show the world we care about stopping the tragedy of asbestos and protecting the lives of every worker. We believe the National Day of Mourning on April 28 offers a tremendous opportunity for meaningful action to make workplace health and safety the bottom line for every employer,” said Buckley.





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정책비교/노동2020. 11. 20. 10:25


[중대재해기업처벌법] [기업살인법 corporate homicide act] 캐나다도 이와 같은 법이 2004년에 제정되었다. 그 법 이름은 '웨스트레이 법 Westray Bill '이다. 산업재해가 발생할 경우, 그 처벌 대상은 노동자를 고용한 연방 정부, 주 정부, 공기업, 사기업, 비영리 자선단체, 비정부기구 NGO 등이다. 사고 조사와 기소 담당은 캐나다 경찰과 검사 (crown attorney)이다. 


캐나다의 경우도 한국의 '산업안전보건법'에 해당하는 '일터 (직장) 건강 안전법 occupational health and safe laws'가 있고, 이와 별도로 '웨스트레이 법'이 있다. 


웨스트레이 법안 제정 배경에는 1992년 웨스트레이 석탄 광산 폭발 사고로 26명 광부가 사망한 사건이 있다. 캐나다 동부 대서양 해변가, 노바 스코샤 주, 플리머스에 있는 웨스트레이 석탄 광산에서 메탄 가스에 의한 폭발사고가 일어났다. 


아래 유투브 다큐멘타리는 웨스트레이 석탄 광업소가 영업을 하게 되기 까지 보수당 데이비드 캐머런, 멀루니 수상 등 보수파 정치권의 입김과 선동이 있었음을 밝혀준다.


메탄 가스 폭발 이전에 이미 광부들은 갱도와 메탄 가스 폭발 위험을 감지하고 경영자와 관리자에게 경고도 했지만, 다 묵살당했다.


웨스트레이 광산폭발 희생자들은 관리자 2명을 불법살인과 과실치사로 고발했지만, 증거불충분이라는 이유로 유죄판결을 받지 못했다.


이 법정 투쟁 패배 이후, 피터 리처드가 새 법을 제안했다. 일터에서 노동자 사망시, 고용주와 해당 기업에 대한 처벌을 쉽게 할 수 있는 법안, 웨스트레이 법이 2004년에 제정되었다.


캐나다에서 웨스트레이 법이 제정된 이후, 4건의 유죄가 확정되었다고 한다.  그러나 캐나다 노동자들도 일터 안전에 대해 다 만족하지 못하고, 웨스트레이 법 적용 사례가 적다는 평가도 나오고 있다. 이에 노동운동가들과 주 정부와 연방 정부도 협력해 웨스트레이 법을 시민들,노동자,기업에 선전하고 있다.

















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 do these provisions of the Criminal Code affect?

These provisions of the Criminal Code affect all organizations and individuals who direct the work of others, anywhere in Canada. These organizations include federal, provincial and municipal governments, corporations, private companies, charities and non-governmental organizations.



Who is responsible for enforcing this Criminal Code?

Police and crown attorneys enforce the Criminal Code. The police and crown are responsible for investigating serious accidents and will determine whether any charges should be laid under the Canadian Criminal Code. The Criminal Code is a very different set of rules, and should not be confused with "regular" occupational health and safety laws (OH&S) and how they are enforced.



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.



Does Section 217.1 in the Criminal Code impact on other legislation?

No. Bill C-45 (2003) was a separate piece of legislation that applied to the Canadian Criminal Code only. It does not intrude upon, or override, other existing federal, provincial or territorial occupational health and safety statutes and regulations. In the event of a conviction; however, it does require the courts to look at any penalties imposed by other jurisdictions in determining a sentence.



Can a company be charged under a provincial OH&S act and the Criminal Code at the same time?

Yes, it is possible. It is common practice for both police and health and safety inspectors to both investigate a serious workplace accident. In most cases, the police and provincial authorities would work together to decide which charges should be made. While it is unlikely that two sets of charges would be made, technically speaking, charges can be laid under both the criminal code by the police and the Occupational Health and Safety Act or regulations by provincial authorities. This situation has occurred in the Millennium Crane Rentals case from Sault Ste Marie, ON.



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"



Has anyone been charged?

Yes. To date there have been eight cases where charges have gone to court. Most of these cases did see other charges and fines issued using the occupational health and safety legislation of the jurisdiction where the incident took place.


On February 11, 2010 Sault Ste Marie Police charged the owner of Millennium Crane Rentals and the crane operator with criminal negligence causing death after a municipal worker was killed while working in an excavation hole. The accident occurred on April 16, 2009 at an excavation site where sewage work was being performed. The crane toppled and fell into the hole killing the worker. In March 2011, the Crown announced that it had dropped the charges of criminal negligence causing death because there was no reasonable prospect of conviction based on the evidence. In July 2013, Millennium Crane Rental was, however, "found guilty of failing to ensure that the crane was maintained in a condition that would not endanger a worker", and fined $70,000 for a violation of the Ontario Occupational Health and Safety Act.


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.


On March 17, 2008 a paving company (Transpave) was charged and convicted of criminal negligence and fined $100,000 in the death of an employee, plus a $10,000 victim surcharge.


On May 17, 2007, Mark Hritchuk, a Service Manager at a LaSalle, Quebec auto dealership was charged with criminal negligence after one of his employees caught on fire while using a makeshift fuel pump that had gone unrepaired and broken for several years. Mr. Daoust, a 22 year employee with the company, was engulfed in flames after a spark ignited fuel which had spilled on him, while he attempted to fill the gas tank of a vehicle whose fuel gage had broken and needed repairing. The employee survived but received third degree burns to 35% of his body. The case was brought before a court of inquiry on March 10, 2009. The case went to court in March 2012. Mr Hritchuk pleaded guilty of unlawfully causing bodily harm.


On October 13, 2006 a train struck a maintenance vehicle, killing one worker and injuring three others. Two employees of Québec-Cartier were charged with criminal negligence causing death and three counts of criminal negligence causing bodily harm. The corporation was not charged. On November 29th, 2010 a Quebec Court acquitted both men on all counts, finding that the incident was an error due to a company culture of tolerance of unsafe practices and deficient training rather than a wanton act of criminal negligence.


On Jun 12, 2006 a landscape contractor was crushed to death when the backhoe his employer was driving failed to stop, pinning the employee to a wall. The investigation of the incident found that the 30 year old backhoe had not received any regular maintenance since the vehicle was purchased and that no formal inspection had been done in the previous five years. Upon further investigation it was discovered that the vehicle had no braking capacity. In September 2010, the employer was convicted of criminal negligence causing death and was given a two year conditional sentence to be served in the community.


On March 22, 2006 BC Ferries vessel Queen of the North sank after going off course and running aground killing two passengers. The ferry navigation officer was charged with two counts of criminal negligence causing death. The officer was reported to have been distracted by a personal interaction he was having with another person and did not realize the vessel was off course. On June 24th, 2013, he was sentenced to 4 years in prison and banned from operating a vessel for 10 years. An appeal has been filed.


On April 19, 2004 near the city of Newmarket, Ontario a worker was killed after the ground around him collapsed while digging a ditch at a residential construction site. The construction site supervisor was charge under section 217.1 of the Criminal Code with one count of criminal negligence causing death. In March 2005, the charges of criminal negligence against the site supervisor were dropped in an apparent plea bargain which saw the supervisor agree to three of eight charges under the Ontario Occupational Health and Safety Act and a fine of $50,000 with a 25% victim surcharge.


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