Occupational Health and Safety Tribunal Canada

 

 

 

 

 

CANADA LABOUR CODE

PART II

OCCUPATIONAL HEALTH AND SAFETY

 

 

 

 

Correctional Service Canada

appellant

 

 

and

 

 

UCCO-SACC-CSN

respondent

 

________________

Decision No.: 06-038

November 3, 2006

 

 

 

This case was decided by Appeals Officer Richard Lafrance.

 

 

For the appellant

Mel Sater, Counsel, Correctional Service Canada

Harvey Newman, Senior Counsel, Treasury Board Legal Services

Richard Fader, Counsel, Treasury Board Legal Services

 

For the respondent

Michel Bouchard, Union Advisor, UCCO-SACC-CSN

 

Health and Safety Officer

Chris Mattson, Labour Program, Human Resources and Skills Development Canada

 

• [1] This case concerns an appeal made on January 20, 2004 under the Canada Labour Code, Part II, subsection 146(1), by Richard Fader, Counsel for Correctional Service Canada, against a direction issued by Health and Safety Officer (HSO) Chris Mattson following his investigation of the work refusal by Mr. Bernard Jones.

 

• [2] According to HSO Mattson’s report, on January 12, 2004 , Mr. Jones refused to work because the maximum security inmates where out in a yard, that was divided in two, without sufficient surveillance. Management instructed the guard to observe the inmates through windows that only allowed a small portion of the yard to be visible.

 

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

 

“The said health and safety officer is of the opinion that the following provision(s) of the Canada Labour Code, Part II, is being contravened:

 

1. Sec. 124.

To improve the observation of inmates while in Assessment Special Needs and Mental Health Cloister yard area.

 

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 immediately to ensure that the contravention does not continue or reoccur.

 

• [4] On March 31, 2005, Mel Sater, Counsel for Correctional Service Canada, sent a letter to this Office indicating that Correctional Service Canada was withdrawing its appeal of the direction.

 

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

 

 

 

 

_______________________

Richard Lafrance

Appeals officer

SUMMARY OF APPEALS OFFICER DECISION

 

 

Decision 06-038

 

Appellant Correctional Service Canada

 

Respondent UCCO-SACC-CSN

 

Provisions

 

Canada Labour Code 146(1)

Keywords Withdrawal, observation of inmates

 

SUMMARY

 

On January 20, 2004, Correctional Service Canada appealed a direction issued following a work refusal. On March 31, 2005, Correctional Service Canada withdrew its appeal of the direction. The case is therefore close.