December 17, 2005
Brothers and Sisters,
In the aftermath of the terrible tragedy that took the life of
our Brother Bob Martin earlier this week, it has come to my attention
that there are members out there being instructed to perform work
in a manner that is extremely dangerous.
In the removal of ice from tunnels, its my understanding that
there are certain service areas where the crews are supplied
with "pike" poles
and instructed to pry ice off of the ceiling and walls. Some
of these ice columns and ice packs which are falling and smashing
to the ground weigh hundreds and hundreds of pounds. And they
are
falling directly onto the spot where seconds before, a track
employee was standing and prying at them. As the ice loosens
off and falls,
the employees literally run for their lives into the clear.
Other service areas have long since abandoned this perilous process
and have switched to the more expensive method of bringing in a
backhoe equipped with an hydraulic ice chipper which can safely
dislodge the ice buildup. We applaud these areas and their managers
However, some service areas have still been requiring that their
employees dislodge the ice with hand tools which, as described
above, is a dangerous and life threatening practice.
Though we have requested that the company immediately put a stop
to this highly dangerous practice everywhere, we must always take
the safe course and assume that they may inadvertantly miss some
spots.
Therefore, the following instructions are extremely important...read
them carefully and post them where everyone can see them.
If you are instructed to remove large packs of ice from any walls
or ceilings in any structure or tunnel, you must do so in a safe
and protected manner. If you are instructed to do any work, in
a manner that is a danger to you or your fellow workers (such
as prying ice loose from underneath with a "pike" pole)
you must use your legal "Right to Refuse Unsafe Work".
You have the right... and more than that...the responsibility,
to demand that the company provide you a safe work environment.
And you have the right, and the responsibility... to refuse any
work that puts you in danger.
An employee, at work, has the right to refuse dangerous work if
he or she has reasonable cause to believe that:
In order for an employee to be protected by the Code when exercising
the right to refuse, the employee must follow the proper procedure.
Proper Procedure for Right To Refuse
Under section 128 of the Canada Labour Code, an employee may refuse
to work in a place or perform an activity if he/she has reasonable
cause to believe that a condition exists in the work place that
constitutes a danger to that employee. In the face of a potential
danger, an employee may exercise this right under the code, and
if so, he/she must inform the employer without delay.
Upon
being informed that an employee is exercising this right, an
employer must immediately take action to protect the employee(s)
from the danger that has formed the basis for the complaint.
If
an employee is not satisfied with the results of the supervisor's
actions, he/she may continue the refusal, and he/she
must advise the employer and a Union Representative of Local
Joint Health and
Safety Committee. The Corporation is then required
to investigate the matter in the presence of the employee who
reported it and
the Union Health and Safety Representative.
If,
following this investigation, the employee making
the complaint has reasonable cause to believe that a danger
continues to exist,
then he/she may continue to refuse to perform his/her
duties and the Corporation must then advise Labour
Canada Health and Safety
Officer who will then attend the site of the investigation.
During
the period of the refusal, an employee is deemed
to be at work and as such, will receive his/her regular
wages, although
he/she may be re-assigned to other duties.
An employee may not be disciplined for exercising his/her right
to refuse unless it can be established that the complaint was made
for frivolous reasons.
Brothers and Sisters, you must protect yourselves and protect
your co-workers. CPRail has an excellent safety policy. However
it will only protect you if it is being used. Do not expect every
Manager to follow it completely.
Do not expect anyone, anywhere, to be fully responsible for your
safety. Only you can be fully responsible for your own safety.
Its sad to say, but it seems that some Service Area Managers are
governed by their budgets and often the cheapest method is also
the most unsafe.
You must take
an active role in your own safety and the safety of your friends
and colleagues. You have rights, when necessary...USE
THEM. The following are the TCRC MWED H&S representatives.
They are there to help you, so call them.
Vancouver & BC
Interior Service Areas
Brian Black
PO Box 722
Sicamous BC V0E 2V0
F. 250-832-0465
C. 250-803-1142
Email brian_black@cpr.ca
Manitoba & Northern
Ontario Service Areas
Stuart Kletke
901 Logan Avenue
Winnipeg MB R3E 1N7
T. 204-946-3650
F. 204-927-4666
C. 204-981-4501
Email stuart_kletke@cpr.ca
Alberta & Saskatchewan
Service Areas
Dave Cisecki
PO Box 3252
Nipawin SK S0E 1E0
T. 306-862-3117
F. 306-862-2120
C. 306-862-6457
Email: dave_cisecki@cpr.ca
Eastern Network Service Area
Gerald (Bill) Poirier
54 Forest Creek Parkway
Scarborough ON M1B 5K8
T. 416-284-7105
F. 416-284-7105
C. 647-519-1025
Email: gerald_poirier@cpr.ca
If you ever have the need to invoke your Right to Refuse or even
if you just have questions and want to know the safest way to proceed,
call your TCRC MWED H&S rep.
Also call your TCRC MWED Director at their 800 #, which are as
follows:
Gary
Doherty, Prairies, 800 214 7909. Jeremy
Spikula, Eastern, 888 629 3589, Henry Helfenbein , Pacific,
800 896 2911, Serge Delongchamp , Atlantic, 800 896 2902
And you can call me, Bill Brehl, at (519) 819 1530.
Take care of yourselves out there. Stay safe. Stay aware.
Stay alive.
Fraternally,
Bill Brehl
President
TCRC MWED
