Occupational Health and Safety Tribunal Canada

Case No.: 2006-54

Decision No.: OHSTC-08-020

 

 

 

CANADA LABOUR CODE

PART II

OCCUPATIONAL HEALTH AND SAFETY

 

 

 

S. Huizinga

appellant

 

 

and

 

 

Correctional Service Canada

Warkworth Institution

respondent

 

________________

August 26, 2008

 

 

 

This case was decided by Appeals Officer Pierre Guénette.

 

 

For the appellant

Michel Bouchard, CSN Ontario Advisor

 

For the respondent

Richard Fader, Counsel, Department of Justice Canada

 

• [1] This case concerns an appeal made by S. Huizinga on September 6, 2006 pursuant to subsection 129(7) of the Canada Labour Code, Part II (the Code).The appeal was against a decision of absence of danger rendered on August 25, 2006 by health and safety officer Bob Tomlin (HSO Tomlin) following his investigation of the refusal to work of S. Huizinga on August 22, 2006 .S. Huizinga mandated Michel Bouchard, CSN Ontario Advisor to represent him during this appeal process.
  
  

• [2] According to the Refusal to Work Registration form, S. Huizinga refused to work because the units, where he is working, are unsafe due to no escapes hatches, no lexan on the windows and outdated safety glass in the control posts of the Warkworth Institution.
  
  

• [3] On completion of the investigation of the refusal to work, HSO Tomlin determined, pursuant to subsection 129(4) of the Code, that there was absence of danger as understood in Part II of the Code.

 

• [4] On August 22, 2008 , Michel Bouchard informed by e-mail to the A/Case Management Officer of the Occupational Health and Safety Tribunal Canada that S. Huizinga was withdrawing his appeal with regards to the decision of absence of danger rendered by HSO Tomlin, because the employer has begun the installation of the escape hatches.

 

• [5] Considering the above and having reviewed the file, I accept the withdrawal and declare this case closed.

 

 

 

 

_________________

Pierre Guénette

Appeals Officer
SUMMARY OF APPEALS OFFICER DECISION

 

 

Decision OHSTC-08-020

 

Appellant S. Huizinga

 

Respondent Correctional Service Canada

 

Provisions

 

Canada Labour Code, Part II 128, 129(4) and 129(7)

 

Keywords unsafe, escape hatches, control posts, danger, withdrawal.

 

SUMMARY

 

On August 22, 2006 , S. Huizinga appealed a decision of absence of danger rendered by Health and Safety Officer Tomlin further to his investigation of the said work refusal by S. Huizinga. On August 22, 2008 , Michel Bouchard on behalf of the appellant withdrew the appeal. The case is therefore close.