Occupational Health and Safety Tribunal Canada

Case No.: 2005-22

Decision No.: CAO-07-13

 

 

 

CANADA LABOUR CODE

PART II

OCCUPATIONAL HEALTH AND SAFETY

 

 

 

Tammy Partridge

appellant

 

 

and

 

 

Department of National Defence

respondent

 

________________

April 26, 2007

 

 

 

This matter is decided by Appeals Officer Jean-Pierre Aubre.

 

 

For the appellant

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

 

For the respondent

Mr. John J. Jaworski, Counsel, Treasury Board Legal Services

• [1] This case concerns an appeal made on July 15, 2005, pursuant to subsection 129(7) of the Canada Labour Code, Part II (the Code), by Ms. Tammy Partridge, a Firefighter at the C.F.B. Shilo - Fire Hall, Department of National Defence,against a decision of absence of danger issued by Health and Safety Officer (HSO) Bryan N. Zachary.

 

• [2] According to HSO Zachary’s report dated February 5, 2005 , Ms. Partridge refused to work on June 20, 2005 , stating that:

 

“I believe participation in the FFPFMP (Fire Fighter Physical Fitness Maintenance Program) constitutes a danger, specifically task #6 Forcible Entry. I believe the combination of excretion (sic), improper techniques and striking a tire will be dangerous to me as defined under Occupational Health and Safety Part II sec. 128”

 

On completion of his investigation, HSO Zachary determined, pursuant to subsection 129(4) of the Canada Labour Code, that a danger did not exist.

 

• [3] On July 7, 2006, an adjudicator under the Public Service Staff Relations Act rendered a decision on grievances presented by Terrance Barr and Sherry Flannery, firefighters with the Department of National Defence that challenged the FFPFMP as being discriminatory and sought an order precluding the Department of National Defence from using the eight minute standard established by the paid Program as a condition of employment.

 

• [4] On March 14, 2007, by letter from Mr. Raven on behalf of the appellant, the Appeals Officer was informed of the decision by the Adjudicator under the Public Service Staff Relations Act mentioned above as well as of the position adopted by the appellant that this appeal would therefore serve no useful purpose as “the fitness test which gave rise to Ms. Partridge’s work refusal is no longer in use by the Department of National Defence”.

 

• [5] Consequently, Counsel indicated the decision by Ms. Partridge to withdraw her appeal.

 

• [6] Considering the above and having reviewed the file, this appeal is withdrawn and this case is closed.

 

 

 

_________________

Jean-Pierre Aubre

Appeals Officer
SUMMARY OF APPEALS OFFICER DECISION

 

 

Decision CAO-07-013

 

Appellant Tammy Partridge

 

Respondent Department of National Defence

 

Provisions

 

Canada Labour Code 129(7)

Keywords Withdrawal, FFPFMP (Fitness test), Public Service Staff Relations Act,

 

SUMMARY

 

On July 15, 2005 , Tammy Partridge appealed a decision of no danger following a work refusal. On March 14, 2007 , Andrew Raven, Counsel for Ms. Partridge, withdrew the appeal. The case is therefore close.