As the listeriosis outbreak continues to claim lives, many people are asking
whether this tragedy could have been prevented by proper regulatory oversight of
the industry. But there is another aspect that has not been discussed: the role
of whistleblower protection laws.
Our contention is that, regardless of other failures in the food safety
system, this tragedy might have been averted by warnings from people working
within the system – if only we had effective laws to protect truth-tellers. This
is not a fanciful notion, but one that is supported by studies of numerous
previous disasters.
For example, when the Challenger Shuttle exploded in 1986, Congress
discovered that engineers had desperately tried to prevent the launch, warning
that the booster rocket seals were likely to malfunction in the cool
temperatures forecast for that morning. When the P&O car ferry Herald
Free Enterprise sank in 1987 with the loss of 193 lives, the subsequent
inquiry revealed that numerous employees had warned management that ferries
often sailed with bow doors accidentally left open, because there was no warning
light on the bridge to alert the captain.
Like many other tragedies, these were predicted but not prevented. Each could
have averted had employees been able to raise their concerns effectively
beforehand. This realization – that employees can prevent disasters by providing
early warning – led to strong whistleblower protection laws in both the UK and
the USA. In Canada, we have had no lack of tragedies, yet we do not seem to have
learned this lesson.
The Tainted Blood Scandal, the worst public health disaster in Canadian
history, caused thousands of deaths from contaminated blood products issued by
the Red Cross. Many senior people knew exactly what was going on, yet during
this period the Red Cross fired and/or forced out 11 of its 17 medical directors
across Canada – the very people who were questioning inadequate efforts to warn
and protect the public.
At Walkerton, seven people died and more than 2,300 became ill after
mandatory reporting of water contamination test results was discontinued.
Politicians had ignored repeated warnings from public health officials that this
practice was dangerous – and the public was kept in the dark until it was too
late.
In our latest tragedy – the current listeriosis outbreak – it seems that at
least three opportunities to prevent this disaster may have been lost.
First, we could have learned about CFIA management’s secret plan to
reduce food safety standards – before these highly controversial measures were
even approved. Second, we could have learned about the many concerns
expressed by CFIA inspectors in the field even before the implementation of this
bad policy decision. Third, we could have learned about any concerns
held by the thousands of company employees working on the food production lines
– who are the first to know when management is cutting corners or taking risks.
But none of this happened and we were kept in the dark because Canadian
employees are fearful of raising concerns with their own senior management, and
are terrified of going public – with very good reason.
Witness the fate of Luc Pomerleau, the union steward who stumbled upon CFIA’s
secret plans, showed these to some union colleagues – and was instantly fired.
Or consider the whistleblower regime created by the Accountability Act, which
according to Stephen Harper provides ‘ironclad protection’ for public servants.
The new Public Service Integrity Commissioner is supposedly the whistleblowers’
protector. Yet in her first year of operation, with a staff of 21 and a budget
of $6.5 million, she has found not a single instance of wrongdoing in the entire
Federal Public Service – and not a single case of reprisal against a
whistleblower.
And how about the food company employees who, unlike the CFIA inspectors, see
everything that goes on? We are unlikely to hear a peep from any of
them, because the Accountability Act has no provisions whatsoever to protect
private sector whistleblowers.
No wonder most Canadians dare not question their bosses or try to warn the
public, even when they suspect that lives could be at risk. It’s time for our
politicians to deliver on their past election promises and to get serious about
protecting the brave souls who risk all to reveal the truth. The lives saved may
be yours or your loved ones.
Dr. Michele Brill-Edwards, former Health Canada
whistle-blower
Brian McAdam, former Foreign Affairs
whistle-blower
David Hutton, Executive Director, FAIR (Federal
Accountability Initiative for Reform)