CANADA LABOUR CODE
PART II
OCCUPATIONAL SAFETY AND HEALTH
Review under section 146 of the Canada Labour Code, Part II,
of a direction given by a safety officer
Decision No.: 99-017
Applicant: L. Breton Transport Ltée
Marbleton, Quebec
Represented by: Michel Ferland
Ferland & Bélair
Mis-en-cause: Claude Léger
Safety Officer
Human Resources Development Canada
Before: Serge Cadieux
Regional Safety Officer
Human Resources Development Canada
On May 19, 1999, safety officer Claude Léger conducted an inquiry in the work place operated by L. Breton Transport Ltée. He then issued a direction (annex) to the employer under subsection 145(1) of the Canada Labour Code, Part II (hereafter the Code) on May 19, 1999. The safety officer considered that the employer had contravened section 124 of the Code.
On June 2, 1999, L. Breton Transport Ltée requested that this direction be reviewed. On July 14, 1999, the Office of the Regional Safety Officer was officially informed that, following discussions by the parties, L. Breton Transport Ltée was withdrawing its request for review of the above direction.
As the regional safety officer in charge of reviewing this direction, I confirm that L. Breton Transport Ltée has withdrawn its request for a review of the direction issued under subsection 145(1) of the Code by safety officer Claude Léger on May 19, 1999. The case is closed.
Decision rendered on August 18, 1999.
[signed]
Serge Cadieux
Regional Safety Officer
ANNEX
IN THE MATTER OF THE Canada LABOUR CODE
PART II - OCCUPATIONAL SAFETY AND HEALTH
DIRECTION TO THE EMPLOYER UNDER SUBSECTION 145(1)
On 19 May 1999 the undersigned safety officer conducted an inquiry in the work place operated by L. BRETON TRANSPORT LTEE, being an employer subject to the Canada Labour Code, Part II, at 439 HIGHWAY 255, MARBLETON, QUEBEC.
The said safety officer is of the opinion that the following provision of the Canada Labour Code, Part II, is being contravened:
1. Section 124.
The employer has not ensured that the safety and health at work of every person employed by the employer is protected because the employer has not established a safety procedure for the work performed by its drivers on tank trailers at a height of more than 2.4 metres above the ground.
Therefore, you are HEREBY DIRECTED, pursuant to subsection 145(1) of the Canada Labour Code, Part II, to terminate all contraventions by 31 May 1999.
Issued at Montreal, this 19th day of May 1999.
Claude Léger
Safety Officer 1778
TO: L. BRETON TRANSPORT LTEE
439 HIGHWAY 255
MARBLETON, QUEBEC
J2B 2B0
SUMMARY OF REGIONAL SAFETY OFFICER DECISION
Decision No.: 99-017
Applicant: L. Breton Transport Ltée
Marbleton, Quebec
KEYWORDS
Safety procedure, tank trailers.
PROVISIONS
Code: 124, 145(1)
Regulations: n/a
SUMMARY
A safety officer issued a direction to L. Breton Transport Ltée. The employer requested a review of the direction but subsequently withdrew its request. The case is closed.