(Quebec) Minister Jean Boulet says he is concerned by the refusal to compensate the family of a Guatemalan farm worker who died while changing the tire of a van on the farm where he worked. He is “reflecting” on the definition of a work accident, but he does not immediately commit to reviewing the law.
Moreover, it has already adopted in 2021 a reform of the Occupational Health and Safety Act and some Act respecting industrial accidents and occupational diseases. Reopening the file is not in its boxes at the moment.
The Press told Thursday the story of Ottoniel Lares Batzibal, who died accidentally on July 18, 2021 on the farm Les Cultures Fortin inc. in Saint-Patrice-de-Beaurivage, in the MRC of Lotbinière. His comrades found his body crushed by a van.
The 38-year-old had worked for 12 seasons on the same farm, according to his family. He had permission to use company vehicles to transport other farm workers and had a Quebec driver’s license.
At the beginning of February, justice confirmed the decision of the Commission for standards, equity, health and safety at work (CNESST) not to recognize the death of the worker as a work accident. And therefore, not to compensate the family.
“The benevolent intention of the worker is part of a personal initiative that was not related to his work”, concluded the administrative judge Valérie Lizotte.
Mr. Lares Batzibal fulfilled the function of driver, but had never received the mandate to repair the vehicles, according to the evidence retained by Mr.me Lizotte. She also pointed out that the accident occurred after normal working hours.
The story of this worker is “sad and unfortunate”, reacted Jean Boulet during a press scrum in parliament on Thursday.
The court’s decision “results from an interpretation of the definition of work accident. The administrative court had to assess the probative value of the testimonies that were heard and rendered the decision in accordance with the law,” he said.
While saying he respects this interpretation, he pointed out that “it is certain that it provokes reflection on the definition of work accident when we look at the facts”. “It’s definitely a decision that concerns me,” he added.
“When there are reflections to amend the law on work accidents, we will do impact analyzes and we will take into account all the decisions that have been made, in particular these. When could the law be reviewed? He recalled that the 2021 reform was the first in 40 years.
Québec solidaire pleads for a “collective reflection” on “this immigration model” that the Legault government “is embracing” while the number of temporary foreign workers is on the rise in Quebec.
“It’s starting to raise a lot of red flags about the situation of temporary foreign workers in Quebec. Either there are lots of isolated events everywhere, all the time, or there is a fundamental problem. I think there is a fundamental problem,” argued parliamentary leader Gabriel Nadeau-Dubois.
“I read the article, I must admit, with a feeling of enormous sadness”, expressed the deputy of Quebec solidaire, Haroun Bouazzi. ” The question is valid. If the current law cannot compensate, which appears to be the case, consideration should be given to having the law assessed,” he added.
The leader of the Part Québécois, Paul St-Pierre Plamondon, believes for his part that a revision of the law or its interpretation is necessary.
“I understand that changing a tire is not his job description, but it is clearly a work-related activity. It’s not someone who is going to ski-doo, ”illustrated the PQ leader.
“I find that this is an interpretation that is not defensible. So, either it’s a legislative reform or either there’s an interpretation by the CNESST which must evolve so that, when it’s work-related, the protection is there, because otherwise it gives rise to situations like those, which I find indefensible,” he continued.
Interim Liberal Leader Marc Tanguay said the situation is “extremely unfortunate.” “The person who works in Quebec must have coverage equivalent to anyone […] I think you have to compensate benevolence, I think you have to reward benevolence,” he added.