Hell’s History: The USW’s Fight to Prevent Workplace Deaths and Injuries from the 1992 Westray Mine, By Tom Sandborn (2016) Toronto: United Steelworkers/Metallos, 73 pages. ISBN-978-0-9958437-0-7

The Oxford English Dictionary defines an accident as: “Something that happens by chance or without expectation; an event that is without apparent or deliberate cause.” Most incidents resulting in injury or death in the workplace are referred to as “accidents.” Yet anyone who has studied reports of investigations of workplace fatalities knows that they are not “accidents”, as defined in the dictionary. These investigations normally demonstrate that fatalities were the result of a series of errors and deliberate decisions, often the result of management policies that determine the culture of the workplace. On May 9, 1992, a methane gas explosion killed 26 coal miners in the Westray Mine, located in Pictou County, Nova Scotia. Subsequent investigations of the explosion revealed multiple deliberate actions led to the explosion. No manager, no supervisor, no inspector suffered any penalty or punishment for the explosion. This slender volume describes the efforts of the United Steelworkers to establish a stronger legal framework for holding persons responsible for events such as the Westray explosion accountable for their actions (or inactions). The Westray tragedy illustrates the num-ber of factors that contribute to fatal events. The mine was developed in an area well known for dangerous conditions for miners. Prominent federal and provincial politicians promoted the project, located in an area where jobs were scarce. When private investors were reluctant to develop the project, the provincial power corporation agreed to buy much of the mine’s output for 15 years at a fixed price. The provincial government loaned Curragh Resources, the mine owner, $12 million to assist in the development, and the federal government guaranteed a loan to the company. When the mine began operations, provincial regulators ignored frequent safety violations. Sensors that measured gas levels in the mine were disabled. Common precautions to reduce dangerous dust levels in the mine were not implemented. In short, Westray was not an accident. Miners died because of deliberate decisions by corporate and political leaders. When the facts surrounding the tragedy became known, pressures to hold Curragh Resources and its senior managers accountable grew. An inquiry by a provincial judge produced a detailed report explaining how the explosion was virtually inevitable. Criminal charges were laid and civil suits initiated against the company and its executives. Ultimately, all of these efforts failed. This failure of the regulatory framework for workplace health and safety caused labour groups, especially the United Steelworkers, which was seeking to represent the miners, to lobby for amendments to the Criminal Code to cover negligence leading to workplace injury and death, a recommendation of the Westray inquiry. The union, supported by the New Democratic Party and a private member’s bill tabled by Peter MacKay, the Conservative MP whose riding included the Westray site, achieved its goal in 2003, when the Westray Act was passed by Parliament. Unfortunately, the Act did little to change the culture of observance of workplace safety regulations or making senior managers responsible for violations of those regulations. The number of workplace fatalities in Canada, about 1000 per year, did not decline appreciably. Since enactment of the law, there have been less than 10 convictions or guilty pleas for violations. Only one resulted in the offender serving a jail sentence, according to the best evidence available. None involved senior management. Perhaps 18 to 20 charges have been laid against corporations. The book describes other workplace fatalities in British Columbia and Ontario, which occurred after basic safety principles were not observed. By September 2016, charges were pending in two cases. The author outlines effort by the Steelworkers Union to persuade members of the justice system, including police forces …