Occupational Health and Safety Tribunal Canada

 

 

 

CANADA LABOUR CODE

PART II

OCCUPATIONAL HEALTH AND SAFETY

 

 

 

 

Group4 Securicor Limited

applicant

 

 

and

 

 

Teamsters- Local 879

and G4S Cash Services

union

 

________________

Decision No.: 06-033

October 5, 2006

 

 

 

This case was decided by Appeals Officer Richard Lafrance.

 

 

For the applicant

Peter Brady, Counsel

Michael Collins, VP Operations Support

 

For the respondent

Marisa Pollock, Counsel for Teamsters, Local 879 and G4S Cash Services

 

Health and Safety Officer

Rod J. Noel, Labour Program, Human Resources and Skills Development Canada ,

Southwestern District – London, Ontario

• [1] This case concerns an appeal made on January 30, 2005 under the Canada Labour Code, Part II, subsection 146(1), by Peter Brady, Counsel for Group 4 Securicor, against a direction issued by Health and Safety Officer (HSO) Rod Noel following his investigation of the work refusal by 10 employees of Group 4 Securicor.

 

• [2] According to HSO Noel’s investigation report, on January 23, 2006, a group of 10 employees of Group 4 Securicor refused to work on a “two-person all off-crew” where there was no driver to maintain a lookout for the safety of the off crew. They stated that the “two-person all-crew” procedure was a danger.

 

• [3] Further to his investigation, HSO Noel issued one direction to the employer under paragraphs 145.(2)(a) of the Canada Labour Code as follow:

 

“The said health and safety officer considers that the performance of an activity constitute a danger to the employees while at work.

 

The employer has implemented a change in the work procedure which has reduced 3 person crews, where one employee remains with the delivery vehicle, to 2 person (two-person all-off) crews, where no employee remains in the vehicle at scheduled drop-off and pickup locations. The change in work procedure, including the absence of a driver staying with the vehicle, constitute an increased risk of danger to the two crew members performing their duties away from the unoccupied vehicle.

 

Therefore, you are HEREBY DIRECTED, pursuant to paragraph 145(2)(a) of the Canada labour Code, part II, to protect any person from the danger immediately.”

 

• [4] On October 4, 2006 , Mr. Michael Collins, VP Operations Support, Group 4 Securicor Limited, sent a letter to this office indicating that Group 4 Securicor Limited was withdrawing its appeal of the instruction.

 

• [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 APPEALS OFFICER DECISION

 

 

Decision 06-033

 

Appellant Group4 Securicor Limited

 

Respondent Teamsters- Local 879 and G4S Cash Services

 

Provisions

 

Canada Labour Code 146(1)

Keywords Withdrawal, two-person all off-crew

 

SUMMARY

 

On January 30, 2005 , Group 4 Securicor appealed a direction issued following the work refusal of 10 employees. On October 4, 2006 , Group 4 Securicor Limited withdrew its appeal of the instruction.