Occupational Health and Safety Tribunal Canada

 

 

 

CANADA LABOUR CODE

PART II

OCCUPATIONAL HEALTH AND SAFETY

 

 

 

Correctional Service Canada

applicant

 

Public Service Alliance of Canada

 

union

 

___________________

Decision No.: 06-014

April 13, 2006

 

 

 

 

 

This case was decided by Appeals Officer Richard Lafrance.

 

 

For the applicant

Richard E. Fader

Justice Canada

 

For the Union

Jeff Bennie, National Health and Safety Officer

 

Jack Almond, Health and Safety Officer

Labour Program, Human Resources and Skills Development Canada ,

Calgary , Alberta / NWT / Nunavut

 

 

• [1] This case concerns an appeal made on January 13, 2005 under the Canada Labour Code, Part II, subsection 146(1), by Richard E. Fader, Counsel for Correctional Service Canada, against five directions issued by Health and Safety Officer (HSO) Jack Almond following his investigation of the death of Louise Pargeter, employee of Correctional Service Canada.

 

• [2] According to HSO Almond’s investigation report, on the morning of October 6, 2004 , Louise Pargeter, a Parole Officer working for Correctional Service of Canada, went to complete a home visit with a parolee at his apartment. She was later found dead by the RCMP at the parolee’s apartment.

 

• [3] Further to his investigation, HSO Almond issued five directions to the employer under paragraphs 145.(1)(a)(b) of the Canada Labour Code as follow:

 

1. Section 124 of Part II of the Canada Labour Code.

 

The investigation indicated that the employer did not ensure that the health and safety of employee, Louise Pargeter, was protected while she conducted a home visit by herself to a parolee’s residence on October 6, 2004 . No policies or procedures existed specific to employee health and safety relating to assessing hazards prior to home visit or when visits are conducted alone to a parolee’s residence by an employee.

 

2. Paragraph 125.(1)(z) of Part II of the Canada Labour Code.

 

The investigation indicated that the employer did not ensure that employees who have supervisory or managerial responsibilities were trained in health and safety or informed of their responsibilities under the Canada Labour Code, Part II.

 

3. Paragraph 125.(1)(z.01) of Part II of the Canada Labour Code.

 

The investigation indicated that the employer did not ensure that the health and safety representative, Katherine Koski, for the said workplace, was informed of her responsibilities under the Canada Labour Code, Part II.

 

4. Paragraph 125.(1)(z.09) of Part II of the Canada Labour Code.

 

The investigation indicated that the employer did not have health and safety policies or programs developed at the time of the incident involving employee, Louise Pargeter, on October 6, 2004 , to address health and safety hazards a Parole Officer may encounter during a visit to a parolee’s residence. The hazard in this situation involved the visit by a female Parole Officer, Louise Pargeter, alone, to the residence of a parolee having a criminal history of violence and sexual assault.

 

5. Paragraph 125.(1)(s) of Part II of the Canada Labour Code.

 

The investigation indicated that the employer did not take the necessary measures to ensure that employee, Louise Pargeter, was informed of every known or foreseeable health and safety hazard to which she was likely to be exposed when she visited the residence of a parolee on October 6, 2004 . The information provided to the employee was based on the contents of the case management file for the parolee. This information is pertinent to public safety not the health and safety of an employee.

 

• [4] On April 6, 2006, the employer’s attorney, Mr. Richard Fader, sent a letter to this office indicating that Correctional Service Canada was withdrawing its appeal of the five instructions.

 

• [5] Considering the written request to withdraw the appeal and having reviewed the file, I accept this request for withdrawal and declare this case closed.

 

 

 

 

_______________________

Richard Lafrance

Appeals officer

SUMMARY OF THE DECISION BY THE APPEALS OFFICER

Decision No.: 06-014

 

Applicant: Correctional Service Canada .

 

Union : PSAC – Jeff Bennie – National Health and Safety Officer

 

 

Provisions:

Canada Labour Code: 145.(1)(a)(b), 125.(1)(z)(z.01)(z.09) and 125.(1)(l)

 

Keywords:

 

 

Summary:

 

This case concerns an appeal made on January 13, 2005 by Correctional Service Canada, against five directions issued by Health and Safety Officer (HSO) Jack Almond following his investigation of the death of Louise Pargeter, a Parole Officer working for Correctional Service of Canada.

 

According to the HSO’s investigation report, the employee in question went to complete a home visit with a parolee at his apartment. She was later found dead by the RCMP at the parolee’s apartment. The HSO issued five directions against the employer.

 

On April 6, 2006 , the employer contacted the Appeals Officer to withdraw its appeal of the five instructions.

 

Considering the written request to withdraw the appeal and having reviewed the file, the Appeals Officer accepted the request for withdrawal and declared the case closed.