Occupational Health and Safety Tribunal Canada

Case No.: 2005-19

Decision No.: OHSTC-08-027

 

 

 

CANADA LABOUR CODE

PART II

OCCUPATIONAL HEALTH AND SAFETY

 

 

 

Mike Coene

appellant

 

 

and

 

 

Canada Border Services Agency

respondent

 

________________

October 8, 2008

 

 

 

This case was decided by Appeals Officer Richard Lafrance.

 

 

For the appellant

Andrew Raven, Counsel, Raven, Cameron, Ballantyne & Yazbeck

 

For the respondent

Richard Fader, Counsel, Treasury Board, Legal Services

 

• [1] This case concerns an appeal made by Mr. Mike Coene on June 20, 2005 , 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 June 16, 2005, by Health and Safety Officer (HSO) Lindsay Harrower following her investigation of the refusal to work of M. Coene on June 16, 2005, pursuant to section 128 of the Code.
  
  

• [2] According to the refusal to work statement, M. Coene refused to work because he felt that the conditions of work a the border crossing where he was assigned to work were dangerous because there was no armed presence at the work place nor was he scheduled to immediately begin firearms training.

 

• [3] On completion her investigation, HSO Harrower determined, pursuant to subsection 129(4) of the Code, that a danger did not exist.

 

• [4] On October 1, 2008 , the Occupational Health and Safety Tribunal Canada received a letter from Mr. Andrew Raven, Counsel for the appellant to advise that he had received instruction from M. Coene to request that his appeal be withdrawn.

 

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

 

 

 

_________________

Richard Lafrance

Appeals Officer
SUMMARY OF APPEALS OFFICER DECISION

 

 

Decision OHSTC-08-027

 

Appellant Mike Coene

 

Respondent Canada Border Services Agency

 

Provisions

 

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

 

Keywords Refusal to work, definition to danger, training & equipment, policy, absence of danger, appeal, withdrawal.

 

SUMMARY

 

 

On June 20, 2005, Mike Coene appealed a decision of absence of danger rendered verbally by Health and Safety Officer Lindsay Harrower on June 16, 2005. On October 1, 2008, Andrew Raven, Counsel for M. Coene, informed the Occupational Health and Safety Tribunal Canada that M. Coene no longer wished to pursue his appeal. The case is therefore close.