The United Steelworkers ("USW") union launched a private prosecution in BC yesterday alleging that Weyerhaeuser Company Ltd. was criminally negligent in the death of sawmill worker Lyle Hewer on November 17, 2004.

The charges are being brought pursuant to the rarely used 2004 Bill C-45 amendments to the Criminal Code, which were introduced after the deaths of 26 Nova Scotia coal miners at the Westray mine in 1992.

The amendments open the door for a corporation to be charged criminally for not meeting its workplace health and safety obligations.

According to the USW news release:

The charge is based on an allegation that Hewer died as a result of injuries incurred at Weyerhaeuser's New West Division sawmill, after following a supervisor's request to work under conditions the employer knew were hazardous. Hewer was taken to the Royal Columbian Hospital in New Westminster where he succumbed to his injuries.

The USW alleges that the company was criminally negligent in Hewer's death by omitting to do anything that it was their responsibility to do, and showed wanton, or reckless disregard for the lives, or safety of other persons. The USW alleges that Hewer, a 55-year old member of USW Local Union 1-3567, died as a result of the company's inaction, while clearing out a hog under Weyerhaeuser's direction .

The USW media materials further state that WorkSafe BC levied a $297,000 penalty against Weyerhaeuser in March 2007 in respect of Hewer's death - the highest fine it has ever imposed against an employer - citing the high-risk nature of the Company's violations and the fact that violations were committed willfully or with reckless disregard.

However, the materials state, Crown Counsel rejected the recommendation of the New Westminster Police that a charge of criminal negligence causing death was warranted against Weyerhaeuser.

According to an article in today's Vancouver Sun, the BC Ministry of Attorney General has a policy not to allw a private prosecution to proceed.

The USW media backgrounder can be read here.

A recent post of mine concerning the Bil C-45 amendments can be found here.