Vol. 79/No. 25      July 20, 2015

The July 6, 2013, train derailment and explosion put a spotlight on how the rail bosses put profits ahead of safety, especially the company’s insistence on operating with a one-person “crew,” with government agreement.

Harding is already due in court Sept. 8 to set the date for his trial on frame-up charges of 47 counts of criminal negligence causing death levied by Quebec’s crown prosecutor. Those charges could result in life imprisonment. The new charges could bring a $50,000 fine and six months in prison.

Harding is a member of the United Steelworkers union. Train controller and USW member Richard Labrie faces the same charges in Quebec, as does manager of train operations Jean Demaitre. The USW in Quebec has been raising funds to defend the two union members.

Transport Canada says the accused failed to ensure that the train’s hand brakes were properly set. The hand brakes were one of 18 factors that the report of the federal Transportation Safety Board said contributed to the disaster. Others included a “weak safety culture” on the railroad.

The company’s former owner, Edward Burkhardt, has not been charged.

The fact the federal government as a cost-cutting measure allowed the rail company to operate the 72-car crude oil train without a two-person crew was considered but not included as a “factor” in the final published report.

As he had done for years, in keeping with company regulations, Harding parked the train on a grade about seven miles from Lac-Mégantic with the engine running and the air brakes on. He set hand brakes on seven tanker cars and took a cab to a hotel to sleep.

During the night firemen were called to put out a small fire on the lead locomotive. When Harding asked his dispatcher if he should come because of the fire, he was told to go back to sleep because everything was OK. However, when the firemen shut down the engine they unknowingly turned off the air brake system. With no one on board, the train rolled down the grade, picking up speed, and derailed and exploded in downtown Lac-Mégantic.

In addition to the horrendous loss of life and destruction of 40 buildings, the explosion and fire released 1.5 million gallons of crude oil into the lake and contaminated 560,000 tons of soil. The charges under the Fisheries Act stem from the oil spill.

The explosion woke Harding, who rushed to the site, risking his life to help depressurize brakes on some of the cars that had not caught fire so they could be moved. For this reason, many in Lac-Mégantic consider him a hero.

Harding’s lawyer, Thomas Walsh, questioned the timing of the new charges against the engineer, criticizing the federal government for trying to look proactive after years of allowing unsafe railway practices like understaffing. “Now they’re coming out as if they’re taking care of business … by two years later accusing him [Harding] of something he’s already been accused of,” Walsh told the Globe and Mail. “What the hell is the point?”

“I agree there should be justice,” businessman Raymond Lafontaine, who lost his son, two stepdaughters and an employee in the disaster, told the press. But “it feels like we’re still looking for people to blame.” There are people higher up in the company that need to be held accountable, he said.

Meanwhile, Canadian Pacific Railway, which hauled the oil from North Dakota to Montreal before handing it over to Montreal, Maine and Atlantic Railway, is refusing to contribute to a $430 million settlement fund for victims’ families. The Calgary-based company argued in a Quebec court recently that it wasn’t involved. If Canadian Pacific is successful, compensation could be delayed for years.

The Steelworkers and fellow rail workers in Canada and the U.S. are raising defense funds for Harding and Labrie. To contribute in Canada, send checks to Syndicat des Métallos, 565 boulevard Crémazie Est, bureau 5100, Montreal, Quebec H2M 2V8, or go online to www.justice4USWrailworkers.org. In the United States, checks can be sent to Tom Harding Defense Fund, First Niagara Bank, 25 McClellan Dr., Nassau, NY 12123 or visit www.tomhardingdefensefund.com.
 
 
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On the Picket Line
Fight for unions free from control by the capitalist state
 
 
 
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