Occupational Health and Safety Tribunal Canada

Case No.: 2003-30

Decision No.: CAO-07-001

 

 

 

CANADA LABOUR CODE

PART II

OCCUPATIONAL HEALTH AND SAFETY

 

 

 

Ken Collier

appellant

 

 

and

 

 

Department of National Defence

respondent

 

 

________________________________

Decision No.: CAO-07-001

February 5^th, 2007

 

 

 

This case was decided by Appeals Officer Katia Néron.

 

 

For the appellant

Bettina Quistgaard, Counsel

Dave Gorton, Union President

 

For the respondent

Rosalie Armstrong, Counsel, Legal Services – Treasury Board of Canada Secretariat

Donald Howard, Formation Fire Services, Department of National Defence

 

Health and safety Officer

Glen Grandy, Health and Safety Officer, HRDC Labour Program

• [1] This case concerns an appeal made on March 30 ^th, 2003 by Dave Gorton, Union President on behalf of Ken Collier, employee of Department of National Defence, under subsection 129(7) of the Canada Labour Code, Part II.

 

• [2] The decision of no danger rendered by health and safety officer (HSO) Glen Grandy followed upon a refusal to work by Mr. Collier on February 19 ^th, 2003 , concerning the requirements to take the Fire Fighters Physical Fitness Maintenance Program Evaluation.

 

• [3] On January 15 ^th, 2007 , Mr. Collier sent an email to this Office indicating that he was withdrawing his appeal.

 

• [4] Considering the written request to withdraw the appeal and having reviewed the file, I accept and declare this case closed.

 

 

 

 

__________________________

Katia Néron

Appeals Officer

SUMMARY OF APPEALS OFFICER DECISION

 

 

Decision CAO-07-001

 

Appellant Ken Collier

 

Respondent Department of National Defence

 

Provisions

 

Canada Labour Code 129(7)

 

Keywords Withdrawal, Fire Fighters Physical Fitness Maintenance Program Evaluation.

 

SUMMARY

 

On March 30 ^th, 2003 , Mr. Dave Gorton, Union President representing Mr. Ken Collier, appealed a decision of no danger rendered by HSO Grandy. On January 15 ^th, 2007 , Mr. Ken Collier withdrew his appeal. The case is therefore close.