Occupational Health and Safety Tribunal Canada

 

CANADA LABOUR CODE

PART II

OCCUPATIONAL HEALTH AND SAFETY

 

Andrew Marshall

applicant

 

and

 

Correctional Services Canada

 

employer

 

and

 

Todd Campbell

 

1. health and safety officer

___________________________

Decision No. 03-009

April 22, 2003

 

 

 

[ 1] On November 4, 2002 , Mr. Andrew Marshall, a Correctional Officer with Correctional Services Canada, refused to work in the living unit at Matsqui Institution out of concern that he would be exposed to second hand tobacco smoke produced by inmates smoking there. He had read in a draft policy review report commissioned by Correctional Services Canada that, according to the World Health Organization, “There is sufficient evidence that involuntary smoking (exposure to second-hand smoke) causes lung disease in humans.”

 

[ 2] Following his investigation of the refusal to work, health and safety officer Mr. Todd Campbell decided that a danger did not exist for Mr. Marshall and informed him and Correctional Services Canada of his decision. Mr. Marshall appealed the health and safety officer’s decision to an appeals officer on November 5, 2003 pursuant to subsection 129.(7) of the Canada Labour Code.

 

[ 3] On March 3, 2003 , Mr. Marshall wrote to the Canada Appeals Office on Occupational Health and Safety and withdrew his appeal. He confirmed that his decision to withdraw the appeal was made in consultation with the Confédération des Syndicats Nationaux (CSN).

 

[ 4] As the appeals officer assigned to the case, I confirm that Mr. Marshall withdrew his appeal of health and safety officer’s decision that a danger did not exist, and formally close the file in this case.

 

 

 

 

 

 

_____________________

Douglas Malanka

Appeals Officer

SUMMARY OF APPEALS OFFICER DECISION

 

Decision No.: 03-009

 

Applicant: Andrew Marshall

 

Employee: Correctional Services Canada

 

KEY WORDS: danger, second-hand tobacco smoke, living unit, inmates, refusal to work, withdrawal.

 

PROVISIONS: C.L.C. 129.(7)

 

SUMMARY:

 

On November 4, 2002 , a Correctional Officer with Correctional Services Canada, refused to work in the living unit at Matsqui Institution out of concern that he would be exposed to second hand tobacco smoke produced by inmates smoking there. He had read that, according to the World Health Organization, “There is sufficient evidence that involuntary smoking (exposure to second-hand smoke) causes lung disease in humans.”

 

A health and safety officer investigated into the refusal to work and decided that a danger did not exist. On November 5, 2002 , the employee appealed the health and safety officer’s decision to an appeals officer pursuant to subsection 129.(7) of the Canada Labour Code.

 

On March 3, 2003 , Mr. Marshall wrote again to the Canada Appeals Office on Occupational Health and Safety and withdrew his appeal. He confirmed that his decision to withdraw his appeal was made in consultation with the Confédération des Syndicats Nationaux (CSN).

 

The appeals officer assigned to the case confirmed that the employee had withdrawn his appeal of the health and safety officer’s decision that a danger did not exist, and formally closed the file in this case.