Criminal code through the passage of Bill C- 45

In the Legislative Framework, we were introduced to the changes in the criminal code through the passage of Bill C- 45. This was a result of outrage following the mining tragedy at Westray in 1992, when 26 miners were killed in an explosion. A Public Inquiry deemed the explosion to be a story of incompetence, mismanagement and expectancy. With the passage of Bill C-45, corporations and managers could be held responsible and criminally prosecuted for failing to provide the appropriate standard of Occupational Health and Safety

Since the passing of the Bill C-45, there have been serval convictions in Canada. The case we will be looking at for this assignment is:       R V. Merton Construction Corporation

answer the following questions:

1. State the facts of the case, be sure your answer covers: Who, What, Where, When.

2. What is your opinion of the passage of Bill C- 45? Do you agree that corporations and managers should be criminal prosecuted for failing to provide appropriate OHS standards?

3. Define an employee’s 3 rights in a workplace. Could the workers in the Metron Case reasonably refused the work in the December 2009 accident? Explain why or why not.

4. Define the risk assessment process. Outline 3 hazards presented in the cases, and the risk factors that are associated with these hazards. How could the risk assessment process been used to control and mitigate the hazards in the case?

5. Describe 3 Occupational Health and Safety recommendations you would provide to Metron to ensure something like this, never happened again.