Occupational Health and Safety Tribunal Canada

CANADA LABOUR CODE

PART II

OCCUPATIONAL HEALTH AND SAFETY

 

Canadian Pacific Railway

applicant

 

and

 

Kevin Sarafin

 

employee

 

and

 

Douglas A. Gould

 

health and safety officer

___________________________

Decision No. 03-003

February 20, 2003

 

 

 

• [1] On October 11, 2002 , health and safety officer Douglas A. Gould conducted an investigation of a refusal to work at Canadian Pacific Railway in Calgary , Alberta . The employee, Mr. Kevin Sarafin refused to work because the Blue Flag rules in force at his work place did not permit him to use a personal lock and key for locking out switches under Blue Flag Protection.On October 12, 2002 , the health and safety officer decided that a danger existed and issued a direction pursuant to paragraph 145(2)(a) of the Canada Labour Code, Part II.

 

• [2] On October 18, 2002 , Mr. James Cunningham appealed the direction rendered on October 12, 2002 .However, on January 28, 2003 Mr. Glen Wilson, Legal Services of the Canadian Pacific Railway informed the Canada Appeals Office that the company was withdrawing its appeal of the above-mentioned direction.
  

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• [3] As the appeals officer seized of this case, I confirm that Canadian Pacific Railway withdrew its appeal of the direction issued by health and safety officer Douglas Gould.This case is closed.

 

 

 

 

 

_____________________

Douglas Malanka

Appeals Officer

SUMMARY OF APPEALS OFFICER DECISION

 

Decision No.: 03-003

 

Applicant: Canadian Pacific Railway

 

Employee: Kevin Sarafin

 

KEY WORDS: Refusal to work, Blue Flag Protection.

 

PROVISIONS: C.L.C. 145(2)(a)

 

SUMMARY:

 

On October 11, 2002 , health and safety officer Douglas A. Gould conducted an investigation on a refusal to work at Canadian Pacific Railway in Calgary , Alberta . The employee, Mr. Kevin Sarafin, refused to work because the Blue Flag rules in force at his work place did not permit him to use a personal lock and key for locking out switches under Blue Flag Protection. On October 12, 2002 , the health and safety officer decided that a danger existed and issued a direction pursuant to paragraph 145(2)(a) of the Canada Labour Code, Part II.

 

The appeals officer confirmed that Canadian Pacific Railway withdrew its appeal of the direction issued by health and safety officer Douglas Gould. The appeals officer closed the file.