The government of Alberta and 10 police services recently signed the Westray Memorandum of Understanding. The announcement was made on the National Day of Mourning, which this year commemorates the 25th anniversary of the Westray Mine disaster that took the lives of 26 underground miners in Nova Scotia.
The MoU defines protocols for investigating serious workplace incidents, intended to help investigators determine if criminal charges are warranted in addition to occupational health and safety charges. Previously, police officers and occupational health and safety officers would typically coordinate their investigations; however, the MoU now provides formal procedures for police officers and occupational health and safety officers to assess the situation and determine whether an incident involves potential occupational health and safety violations, criminal activity, or both.
Following the Westray Mine disaster, the Criminal Code was amended to allow criminal charges to be laid for workplace incidents (Bill C-45 or the "Westray Bill"). These charges are generally reserved for very serious cases and to date, there have not been any prosecutions in Alberta under the Westray Bill.
The news release can be found here.
For more information, visit our Occupational Health & Safety Law blog at www.occupationalhealthandsafetylaw.com
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