PART II
OCCUPATIONAL HEALTH AND SAFETY
Correctional Service of
appellant
and
Lonnie Brant
Respondent
________________
Decision No.: 06-035
This case was decided by Appeals Officer Pierre Guénette.
For the appellant
Richard Fader, Counsel
For the respondent
Lonnie Brant, Correctional Officer I (CXI)
Health and Safety Officer
Bob Tomlin, Labour Program, Human Resources and Skills Development
Toronto District –
[1] This case concerns an appeal made on
[2] According to HSO Tomlin’s investigation report, on
[3] Further to his investigation, HSO Tomlin issued a direction with two items to Correctional Service of Canada under paragraphs 145.(1)(a) and (b) of the Canada Labour Code as follow:
“The said health and safety officer is of the opinion that the following provisions of the Canada Labour Code, Part II, have recently been contravened:
No. / No: 1
124 –
Every employer shall ensure that the safety and health at work of every person employed by the employer is protected.
Correctional Officers have not been trained and/or retained to industry standards, especially those concerned with armed escorts in public environments, where they may be expected to perform their duties based on the “use of force model” currently in use under the Correctional Service Canada National Training Standards.
No. / No: 2
124 -
Every employer shall ensure that the safety and health at work of every person employed by the employer is protected.
Equipment appropriate to the requirements of the Correctional Service
Therefore, you are HEREBY DIRECTED, pursuant to subsection 145(1)(a) of the Canada Labour Code, part II, to terminate the contraventions no later that
17th. August 2006.
Further, you are HEREBY DIRECTED, pursuant to Paragraph 145(1)(b) of the Canada Labour Code, Part II, within the time specified by the health and safety officer, to take steps to ensure that the contravention does not continue or reoccur.
[4] On
[5] Considering the written request to withdraw the appeal and having reviewed the file, I accept this request and declare this case closed.
_______________________
Pierre Guénette
Appeals officer
SUMMARY OF APPEALS OFFICER DECISION
Decision 06-035
Appellant Correctional Service of
Respondent Lonnie Brant
Provisions
Keywords Withdrawal, Armed escort, Staff shortage.
SUMMARY
On