Occupational Health and Safety Tribunal Canada

Case No.: 2005-27

Decision No.: CAO-07-007

 

 

 

CANADA LABOUR CODE

PART II

OCCUPATIONAL HEALTH AND SAFETY

 

 

 

Correctional Services Canada

appellant

 

 

and

 

 

Paul Drumm and UCCO-SACC-CSN

respondents

 

________________

Decision No.: CAO-07-007

March 13, 2007

 

 

 

This case was decided by Appeals Officer Michael McDermott.

 

 

For the appellant

Ms. Jennifer Lewis, Counsel, Treasury Board Legal Services.

Mr. Jim Wladyka, Director, Correctional Services Canada

 

For the respondent

Mr. Michel Bouchard, Union advisor, CSN Ontario.

Mr. Paul Drumm, Correctional Officer, Correctional Services Canada

 

Health and Safety Officer

Mr. Bob Tomlin, Human Resources and Skills Development Canada

 

• [1] This case concerns an appeal made on July 29, 2005, under the Canada Labour Code, Part II, subsection 146(1), by Correctional Services Canada against a direction issued, pursuant to subsection 145(2)(a) by Health and Safety Officer (HSO) Bob Tomlin, on July 5, 2005.

 

• [2] On July 5, 2005 , Paul Drumm, a Correctional Officer at the Warkworth Institution, Campbellford , Ontario , invoked his right to refuse work pursuant to Section 128 of the Code.The circumstances giving rise to the refusal involved the presence of contraband being distributed among the inmate population with a number of inmates showing symptoms of intoxication.At least two inmates engaged in violent behaviour and there was an apprehension of further incidents.

 

• [3] HSO Tomlin investigated the refusal the same day and decided, pursuant to subsection 129(4), that a danger existed.Having considered that a condition in a place constituted a danger to an employee while at work, in accord with subsection 145(2), he directed the employer “to immediately take steps to protect the employee”.This direction was the subject of the appeal.

 

• [4] Hearing dates were set for March 27-29, 2007 , in Kingston , Ontario , and a pre-hearing, logistical telephone conference call was held on February 27, 2007 .On March 8, 2007 , Counsel for the employer advised the Appeals Office that the appeal was being withdrawn.

 

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

 

 

 

 

 

 

______________________________

Michael McDermott.

Appeals Officer

SUMMARY OF APPEALS OFFICER DECISION

 

 

Decision CAO-07-007

 

Appellant Correctional Services Canada

Respondent Paul Drumm and UCCO-SACC-CSN

 

Provisions Canada Labour Code – 146(1) and 145(2)(a).

Keywords Presence of contraband in the Institution,

intoxication, actual and apprehended violence,

withdrawal.

 

 

SUMMARY

 

On July 29, 2005 , Correctional Services Canada appealed a direction issued by HSO Tomlin, following a finding of danger, pursuant to subsection 129(4), at the Warkworth Institution. On February 27, 2007 , Correctional Services Canada withdrew its appeal of the decision. The case is therefore closed.