Occupational Health and Safety Investigation
Derailment near Field, British Columbia in February 2019
LOCATION: Field, British Columbia
ISSUE: Transport Canada (TC) has completed its occupational health and safety investigation as a result of the Canadian Pacific train derailment in February 2019.
DATE: October 26, 2020
SUGGESTED RESPONSES
- Our thoughts continue to be with the families and communities affected by the derailment near Field, British Columbia on February 4, 2019.
- Following the accident, Transport Canada immediately issued a Ministerial Order to mandate the use of handbrakes when a train is stopped on a steep grades. The department has since made these measures permanent.
- Taking further action, Transport Canada recently completed its occupational health and safety investigation into this accident. The department has shared its findings with Canadian Pacific including direction to implement corrective measures to prevent similar tragic incidents going forward.
- In keeping with my commitment to strengthening rail safety in Canada, my department will monitor the next steps taken by rail companies to improve the safety of Canadians who live and work along rail lines.
If pressed:
- Under Part II of the Canada Labour Code, Transport Canada cannot share the details of occupational health and safety investigations.
- The responsibility to investigate criminal conduct rests with the police services that have jurisdiction over the area where the incident occurred. In this case, the Royal Canadian Mounted Police has jurisdiction to investigate, at its own discretion if it feels it is necessary.
Background information
- On February 4, 2019, Canadian Pacific (CP) train 301 derailed 99 cars and two locomotives between the Upper and the Lower Spiral Tunnel at Mile 130.6 of the Laggan Subdivision, near Field, British Columbia. The unit grain train composed of 112 covered hopper cars and three locomotives, was proceeding westward to Vancouver when 99 cars and two locomotives derailed. The train crew consisted of a locomotive engineer, a conductor and a conductor trainee. The three crew members were fatally injured in the derailment.
- As a precaution to prevent further accidents in similar circumstances, Transport Canada (TC) issued a Ministerial Order on February 8, 2019, under the Railway Safety Act to all railway companies mandating the use of handbrakes should a train be stopped on a steep grades after an emergency use of the air brakes. The department has since made these measures permanent by incorporating them into the Canadian Rail Operating Rules.
Occupational Health and Safety
- TC is responsible for the administration and enforcement of Part II of the Canada Labour Code (Code) and its pursuant regulations by the Minister of Labour for employees working on board trains. On behalf of ESDC, TC has a statutory requirement to conduct occupational health and safety (OHS) investigations into workplace accidents that have resulted in the death of employees working on board trains.
- TC conducted an investigation under Part II of the Code into the three employee deaths that occurred when the train derailed. In relation to this investigation, a Direction was issued to CP on September 23, 2020, for violating certain provisions under Part II of the Code. The OHS investigation report was recently finalized and was sent to CP and CP’s local workplace health and safety committee on October 9, 2020. A question/answer section has been included below, with additional details on the Direction and investigation.
- Q: Will Transport Canada publish the Direction and investigation results?
- A: In accordance with subsection 144(5) of Part II the Canada Labour Code (Code), Transport Canada cannot publish or disclose any information obtained as a result of activities carried out under the Code, including the release of information concerning Directions issued to companies. Transport Canada follows up on all Directions to ensure the employer has implemented the appropriate corrective actions to comply with the Direction.
- Q: What is being done to ensure safe rail operations, given the findings of the investigation/direction?
- Following the accident, Transport Canada issued a Ministerial Order on February 8, 2019, under the Railway Safety Act to all railway companies mandating the use of handbrakes should a train be stopped on steep grades after an emergency use of the air brakes. The department has since made these measures permanent by incorporating them into the Canadian Rail Operating Rules (CROR).
- Taking further action, Transport Canada recently completed its occupational health and safety investigation into this accident. The department has shared its findings with Canadian Pacific, as required by the Canada Labour Code, with the expectation of follow-up measures to prevent similar tragic incidents going forward.
- Q: Will the RCMP investigate?
The responsibility to investigate criminal conduct lies with the police service that has jurisdiction over the area where the accident occurred, or where an alleged criminal behavior has occurred within that police service’s mandate. In this case, the RCMP is a police service that would have the authority, if they feel it is warranted, to investigate such criminal conduct or alleged behaviour and recommend that criminal prosecution be commenced.
- Q: What are the roles/responsibilities with respect to the investigation?
- The cause of the derailment is still under investigation by the Transportation Safety Board of Canada (TSB), while Transport Canada, on behalf of Employment and Social Development Canada, conducted its own separate, independent Occupational Health and Safety (OHS) investigation under the Canada Labour Code. With any OHS investigation, if serious contraventions to the Canada Labour Code were to be found, Transport Canada would consider recommending to Employment and Social Development Canada that they refer the matter to the Public Prosecution Service of Canada for possible prosecution.
- Transport Canada does not oversee the Canadian Pacific Police Service. In Canada, Canadian Pacific Police Service members are appointed by a judge of the Superior Court of Canada for the enforcement of the Canada Transportation Act, as well as for the enforcement of Canadian or provincial laws as they relate to the protection of property owned, possessed, or administered by a railway company, and for the protection of persons and property on that property.
- As defined by Section 2 of the Criminal Code, CP Police Service members have exactly the same powers as police officers in Canada. That said, regulatory or criminal prosecution associated with an accident involving Canadian Pacific does not primarily and exclusively depend on the CP Police Service. The responsibility to investigate any criminal conduct lies with any police service that has jurisdiction over the area where the accident occurred, or where an alleged criminal behavior has occurred within that police service’s mandate.