Occupational Health and Safety Tribunal Canada

Case No.: 2006-52

Decision No.: CAO-07-020

 

 

 

CANADA LABOUR CODE

PART II

OCCUPATIONAL HEALTH AND SAFETY

 

 

 

Group 4 Securicor

appellant

 

 

and

 

 

Canadian Automobile Workers

respondent

 

________________

June 12, 2007

 

 

 

This matter was decided by Appeals Officer Richard Lafrance.

 

 

For the appellant

Peter Brady, Counsel for Group 4 Securicor

 

For the respondent

Lisa Kelly, Counsel, Canadian Automobile Workers (CAW)

• [1] This matter concerns an appeal made by Group 4 Securicor (G4S) against a direction issued by health and safety officer (HSO) Serge Marion.

 

• [2] On March 28, 2006 , HSO Marion investigated the continued work refusal of two employees of G4S.

 

• [3] HSO Marion established that while traveling back to the armoured vehicle upon exiting a delivery site, the two employees could not see the vehicle due to the place where it was parked.

 

• [4] He noted that because of the inability to maintain a line of sight to the vehicle when exiting the work location, the guard could not guard the custodian, asses the security of the area and the security of the vehicle.

 

• [5] After a thorough analysis, HSO Marion found that the employees were exposed to a danger as defined in the Canada Labour Code and consequently issued a direction to G4S to alter the activity that constituted a danger to the employees.

 

• [6] A hearing was scheduled for June 18, 19 and 20, 2007.However, on June 07, 2007 , the Canada Appeals Office received a letter from Peter Brady, Counsel for G4S, advising them that Group 4 Securicor was withdrawing its appeal of the direction.

 

• [7] Considering the above and having reviewed the case file, I duly note the stated intention of the appellant. This appeal is thus withdrawn and this case is closed.

 

 

 

_________________

Richard Lafrance

Appeals Officer
SUMMARY OF APPEALS OFFICER DECISION

 

Decision CAO-07-020

 

Appellant Group 4 Securicor

 

Respondent Canadian Automobile Workers

 

Provisions

 

Canada Labour Code 145(2)(a)

 

Keywords Line of sight, security of the area and vehicle, withdrawal,

 

SUMMARY

 

This matter concerns an appeal made by Group 4 Securicor (G4S) against a direction issued by health and safety officer Serge Marion. On June 07, 2007 , the Canada Appeals Office received a letter advising that G4S was withdrawing its appeal of the direction. The case is therefore close.