I am writing regarding an issue that arose at joint Communications, Energy, and Paperworker's Union and Pulp and Paper Safety Conference in Vancouver last month. It was reported that a Union member was written up as a result of the recent investigation of a fatality at Elk Falls. It appears that the worker spoke with this recently hired employee and told him to stop an unsafe work practice because it placed the new worker in grave danger. The new employee complied and promised that he would not climb into the equipment again. Sadly he did and was killed. The mill manager and supervisor were written up and charged for failing to carry out their responsibilities with this young man.
The union member that spoke with this young man, I am led to believe was charged also under 8.10. This raises many question and concerns with our members. It is our feeling that this action, taken by the Board, will have a negative effect within the work place. We understand the intent of 8.10 and that the supervisor does have direct control over the workers under his supervision. In a perfect world, following 8.10 and reporting this incident to a supervisor would have resulted in the worker receiving further training regarding his own safety. However, in our real world, the results would often be discipline leading to dismissal. It would also place union brother against union brother when we are pledged to helping each other.
I believe the worker who takes the time to speak with another worker regarding his or her safety is doing a good thing. In this case, it was not enough; the errant young worker listened initially and then returned to unsafe work practices. This may have been the case, had the worker's supervisor spoken with this young man. To charge a worker who takes the time to correct the unsafe practices of another can only lead to other workers turning a blind eye to deficient work practices for fear of later being charged. Having been a safety captain and a member of our local Industrial Health and Safety Committee, I can assure you that there are some who do not receive correction well. To place those concerned enough with the safety of others, who are willing to take the time and face an uncertain response, in legal jeopardy will only place a greater negative impact on overall safety in the real world workplace. I ask that you would consider changing the present 8.10 regulation requiring workers to report to supervisors the unsafe work practices of another, to include a good Samaritan clause exempting them from being written up or charged.
Thank you for your attention to this matter.
I remain
Sincerely yours,
Brian Liberman
CEP Local 298