By Jason Foster, AFL Staff

In late October, the Information and Privacy Commissioner ordered the Alberta government to provide the AFL with copies of health records from the Swan Hills Waste Treatment Facility. The ground-breaking order established the public’s legal right to access private corporations’ health and safety records held by the Department of Human Resources and Employment.

"The order demonstrates that the public interest in matters of worker health and safety is more important than the reputation or profit margin of a corporation," said AFL President Audrey Cormack in response to the decision. "This decision ensures that unionists can see important environmental and health and safety records about their employers."

The Information and Privacy Commissioner is the person responsible for interpreting and enforcing the Freedom of Information and Privacy Act (FOIP). Under FOIP the public has the right to access certain documents in the possession of a government body in Alberta.

After the July 1997 explosion at the Swan Hills Waste Management facility, which released PCBs and other toxins, the AFL grew concerned about the health and safety of workers at the plant and residents of the area.

In January of 1998, the AFL made a request to receive copies of inspection documents, testing results and other health and safety records from the Swan Hills Waste Treatment facility, operated by Bovar Inc. A few months later, some of the documents were released, but Bovar objected to the most sensitive records, claiming that their release would damage its reputation and "business interests". The issue was sent to the Commissioner for a final decision.

In their submission to the Inquiry, Bovar indicates that the disclosure of the information "specifically refers to medical information of a nature that draws a negative conclusion about the employees of the Third Party (Bovar)." They also said that "there is a reasonable likelihood that there will be a corresponding significant negative reaction against the Third Party (Bovar) which will hamper the Third Party’s (Bovar’s) ability to attract and maintain skilled employees."

The commissioner ordered the release of the records stating that Bovar’s business interests are not sufficient to prevent the public from accessing the information. "I am not persuaded by the argument that if potential future employees find out about the information in the Records, the Third Party (Bovar) would have difficulty in attracting or maintaining employees," the Commissioner stated.

The AFL has not yet received the information in question. The Department must wait 45 days before releasing the information because Bovar has the legal right to launch a judicial inquiry.