Union demands stronger penalties saying 'fine is unacceptable'
At the National Steel Car manufacturing plant in Hamilton, Ontario, the echoes of tragedy reverberate through the workplace. On June 6, 2022, Quoc Le, a 51-year-old worker and member of the United Steelworkers (USW) Local 7135, loses his life on the job, the third preventable fatality at the plant in just 21 months. Today, as the company faces a $240,000 fine for its role in Le’s death, a growing chorus of voices is calling for stronger accountability and justice.
In a Hamilton courtroom on July 31, 2024, Justice David Michael Garg accepted a joint submission from the prosecution and defense, imposing the fine on National Steel Car for violations of workplace safety regulations. The company had already been fined $140,000 each for two previous fatalities: Collin Grayley, 35, who died on April 23, 2021, and Fraser Cowan, 51, who lost his life on September 2, 2020. All three men were USW members.
As the court proceedings conclude, more than two dozen of Quoc Le’s family members and co-workers stand in the gallery, their faces etched with grief and frustration. They have witnessed the devastating toll that unsafe working conditions can exact, and they are left angry and disheartened by the outcome.
“This fine is unacceptable,” declares USW Local 7135 President Frank Crowder. “When a worker is killed in the workplace, the deceased is not the only victim. There is a family that is devastated from losing a loved one, personal friends affected from the loss, and co-workers still in shock years later. There is a psychological impact that can be crippling to everyone involved.”
Crowder’s words echo the sentiments of many in the community who feel that the penalties do not match the severity of the incidents. The USW is particularly critical of the legal system’s approach, noting that the maximum fine allowable under current legislation for a workplace fatality is $2 million—far above the fines imposed in these cases.
The union is also deeply troubled by what they perceive as a lack of recognition for the broader impact of these tragedies.
“Apparently, the co-workers of Quoc Le are not considered victims. We are not being permitted to make a victim impact statement,” Crowder says. “There are workers that couldn’t return to this workplace suffering from PTSD. I’ve had conversations with people who were afraid to go back to the job where these incidents occurred. There are wives and children who have begged husbands and fathers not to return because they were in fear that their loved one would not come home.”
The backdrop to these tragedies is a workplace environment where safety procedures, though present, have failed to protect workers from fatal outcomes. In Quoc Le’s case, the company’s failure to ensure that a bulkhead panel was properly secured during welding operations led to his death. An investigation by the Ministry of Labour, Immigration, Training and Skills Development reveals that had diagonal alignment bars been installed as required, the panel would not have tipped and fallen.
The USW sees this case as emblematic of a broader issue with workplace safety enforcement in Canada. Myles Sullivan, USW District 6 Director, points out that this year marks the 20th anniversary of the Westray Law, legislation intended to hold corporations and their leaders criminally accountable for workplace deaths and injuries. However, Sullivan argues that the law has rarely been used to its full extent. “Governments across Canada have betrayed the promise of the Westray Law,” he asserts, noting that criminal prosecutions remain rare in cases of preventable workplace fatalities.
In response, the USW is expanding its national campaign, “Stop the Killing, Enforce the Law,” which demands more rigorous enforcement of the Westray amendments to the Criminal Code. The campaign calls for the appointment of dedicated investigators and prosecutors for workplace deaths, mandatory training for Crown attorneys and police, and better coordination between police, prosecutors, and health and safety regulators.
As the campaign gains momentum, the families of Quoc Le, Collin Grayley, and Fraser Cowan continue to grapple with their losses. The USW’s call for stronger penalties and greater enforcement is not just about deterring future violations—it is about honoring the memory of those who have died and ensuring that no more families have to endure the same heartbreak.
For now, the echoes of these tragedies persist at National Steel Car, a reminder that the fight for workplace safety is far from over. “We must do better,” says Crowder. “The lives of our workers depend on it.”
