Occupational Health and Safety Tribunal Canada

 

 

 

Case No.: 2006-58

Decision No.: CAO-06-042

 

 

 

CANADA LABOUR CODE

PART II

OCCUPATIONAL HEALTH AND SAFETY

 

 

 

Lonny E. Whyte

appellant

 

 

and

 

 

Group 4 Securicor

respondent

 

________________

Decision No.: CAO-06-042

November 24, 2006

 

 

 

This case was decided by Appeals Officer Katia Néron.

 

 

For the appellant

Lonny E. White, Armed Guard

 

For the respondent

Doug Hamilton, Counsel

Rob Murray, Regional VP, Western Canada

 

Health and Safety Officer

Douglas A. Gould, Human Resources and Skills Development Canada

 

[1] This case concerns an appeal made on October 5, 2006 under the Canada Labour Code, Part II, subsection 129(7), by Lonny E White, employee for Group 4 Securicor, against a decision of no danger rendered by Health and Safety Officer (HSO) Douglas A Gould.

 

[2] The decision of no danger followed upon a refusal to work by an armed guard on September 25, 2006 , who considered that working as a two man crew on a rural route with a lack of police presence in the area and not having a third person as a driver for an “additional” set of eyes, would constitutes a danger.

 

[3] On November 6, 2006 , Mr. White sent a letter to this Office indicating that he was withdrawing his appeal.

 

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

 

 

 

 

_________________

Katia Néron

Appeals officer

SUMMARY OF APPEALS OFFICER DECISION

 

 

Decision 06-0

 

Appellant Lonny E. Whyte

 

Respondent Group 4 Securicor

 

Provisions

 

Canada Labour Code 129(7)

Keywords Withdrawal, two man crew, police presence,

third driver

 

SUMMARY

 

On October 5, 2006 , Lonny e White appealed a decision of no danger rendered by HSO Gould. On November 2, 2006 , Mr. White withdrew its appeal. The case is therefore close.