Edmonton Journal on Astral Intern's Death

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Province to review post-secondary practicum programs after death of Edmonton intern
Federal MP also wants changes to hours of allowable work under labour laws
By Jodie Sinnema, Edmonton Journal
September 13, 2013 4:07 PM

EDMONTON - The provincial government is launching a review of post-secondary practicum programs following the death of Andy Ferguson, an Edmonton intern and student who died in a head-on crash after working approximately 16 to 18 hours in a one-day period.

Ferguson, who was in the radio and TV broadcast program at NAIT, was working at The Bear and Virgin Radio as both a paid employee and unpaid intern to fulfil mandatory work experience to graduate.

On Oct. 31, 2011, he worked 6 a.m. to noon, then returned for another shift from 6 p.m. that evening to 6 a.m. the next morning. While driving home from the west-end radio station to his acreage house near Bon Accord — a drive of about 45 minutes — his vehicle crossed the centre line and smashed head-on into a gravel truck. Ferguson, 22, died. There were no drugs or alcohol in his system, toxicology reports determined.

His family believes Ferguson fell asleep at the wheel after working long hours, partly paid, partly unpaid. Matthew Ferguson, Andy’s brother, has since been working with the provincial and federal governments to better protect interns in similar circumstances.

“Our interns need to be protected,” said Tanya Ferguson, who is married to Matthew. She said Matthew is calling for regulations to limit the amount of hours interns work to ensure they aren’t exhausted and at risk. Since sharing the story of Andy’s death, people have phoned Matthew to tell of similar experiences.

“It’s quite remarkable how many other people have been mistreated,” Tanya said.

Janice Schroeder, press secretary for Advanced Education Minister Thomas Lukaszuk, said Lukaszuk will review practicum programs in Alberta’s 26 public post-secondary institutions to find out what policies and practices are in place for required unpaid internships. Of the 2,000 practicum programs in Alberta, approximately one-third has a workplace component, Schroeder said.

The challenge, however, is that the province is in charge of regulations around post-secondary education internships and work experience programs for students, while federal regulations guide paid work hours for industries such as radio and TV broadcasting, says Brent Rathgeber, member of parliament for Edmonton-St. Albert. Rathgeber, Matthew Ferguson’s elected representative, is pleased the provincial government is reviewing rules regarding unpaid internships, but said someone like Andy was caught in a regulatory gap.

Andy’s paid hours at the radio station fell within the standard amount laid out by the Canada Labour Code at 40 hours a week or eight hours a day, Rathgeber said.

“They did a thorough investigation and found there was no violation of federal labour law because the paid hours of work fell within the allowable limits,” Rathgeber said. “Although I think that assessment is correct based on the current law, I see a gaping hole or underlapping jurisdiction. … I am pleased that Minister Lukaszuk has instructed a review of all the post-secondary institutions in Alberta, but in my view that doesn’t relieve the federal government from some responsibility here as well.”

Rathgeber said he would like federal regulations to legislate how many hours someone can work in both paid and unpaid positions. He has asked for a meeting with Dr. Kellie Leitch, MP and newly appointed minister of labour to discuss the issue. He wants federal regulations to count paid and unpaid hours.

“I’m hoping her being a pediatric surgeon she will have a greater understanding of the affects of fatigue on the human body,” said Rathgeber, a former insurance lawyer who remembers his long hours during articling. “More relevantly, having completed a residency in orthopedic surgery, I’m confident she probably has some empathy from her own personal circumstance for the type of hours she had to work as a resident.”