Canada Appeals Office on Bureau d’appel canadien en

Occupational Health and Safety santé et sécurité au travail

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CANADA LABOUR CODE

PART II

OCCUPATIONAL HEALTH AND SAFETY

 

 

 

 

 

Washington Marine Group

 

applicant

 

 

and

 

 

International Longshore and Warehouse Union and Canadian Merchant Service Guild

 

respondents

 

 

 

 

____________________________

Decision No. 04-041

November 5, 2004

 

 

 

 

 

This case was decided by Douglas Malanka, appeals officer.

 

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• [1] On January 10, 2003, health and safety officers N. Teoh and C. Bishop investigated a fatal accident that had occurred on January 1, 2003 to an employee employed on the tug “Seaspan Cutless”.The officers subsequently issued 3 directions to Washington Marine Group (WMG) pursuant to subsection 145.(1) of the Canada Labour Code, Part II (Code) dated March 6, 2003, April 7, 2003 and April 23, 2003.The March 6, 2003 direction ordered WMG to ensure that all employees and supervisors were trained in the dangers of tug and barge operations.The April 7, 2003 direction directed WMG: to ensure that the health and safety at work of every employee was protected and to provide each employee with the information, instruction, training and supervision necessary to ensure their health and safety at work.The direction further instructed WMG to ensure that each employee was made aware of the safety hazards in the area where the employee worked and to ensure that employees who had supervisory or managerial responsibilities were adequately trained in health and safety and were informed of the responsibilities that they had under the Code.Finally, the direction instructed WMG to establish and submit to them by April 30^th, 2003, an action plan outlining the action taken.The April 23, 2003 direction instructed WMG to post a statement of the employer’s general policy concerning the health and safety at work of employees by 30^th April, 2003.

• [2] Washington Marine Group appealed the first direction to the Canada Appeals Office on Occupational Health and Safety on April 1, 2003 and the remaining 2 directions on April 29, 2003.

• [3] A hearing was heard on April 30, 2004 during which Mr. Trerise maintained on behalf of WMG that the directions dated March 6, 2003 and April 7, 2003 were improperly made and should be summarily rescinded without review.In an interlocutory decision dated July 29, 2004, I declined to rescind the March 6, 2003 and the April 7 2003 directions and proposed that a hearing date be established shortly to review the 3 directions.

• [4] On August 16, 2004, Mr. Trerise wrote to this Office on behalf of WGM andwithdrew WMG’s appeal of the 3 directions.Respondents were advised of WMG’s withdrawal and did not object.

• [5] As I have no reason for doing otherwise, I have accepted WMG’s request to withdraw their appeal and have closed the file.

 

 

 

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*****

 

 

 

 

 

 

 

 

_______________________

Douglas Malanka

Appeals Officer

 

 

 

 

SUMMARY OF DECISION

 

 

 

 

Decision No. 04-041

 

Applicant: Washington Marine Group

 

 

Respondent: International Longshore and Warehouse Union and Canadian Merchant Service Guild

 

Key Words: Fatality, tug, barge, pinch point, information, instruction, training, managers, supervisors, safety hazards

 

Provisions:

 

Code: 124, 125, 145.(1)(b) 146.1

 

 

Summary:

 

Washington Marine Group appealed 3 directions that were issued to the Company by a health and safety officer following a fatal accident. Washington Marine Group first argued that 2 of the directions should be rescinded without further review because they were improperly made. Following the appeals officer‘s decision not to rescind the 2 directions, the applicant reconsidered its position and withdrew its appeals. The respondents did not object and, after consideration, the appeals officer accepted the applicants’ request and closed the file.