Occupational Health and Safety Tribunal Canada

 

 

 

Case No.: 2006-57

Decision No.: CAO-06-043

 

 

 

CANADA LABOUR CODE

PART II

OCCUPATIONAL HEALTH AND SAFETY

 

 

 

Robert Beresh

appellant

 

 

and

 

 

Canada Border Services Agency respondent

 

________________

Decision No.: CAO-06-043

November 24, 2006

 

 

 

This case was decided by Appeals Officer Richard Lafrance.

 

 

For the appellant

Robert Beresh, Enforcement Officer

 

For the respondent

Richard Fader, Counsel

Shirley Clou, Enforcement Supervisor

 

Health and Safety Officer

Craig Ollenberger, 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 Robert Beresh, employee for Canada Border Services Agency, against a decision of no danger rendered by Health and Safety Officer (HSO) Craig Ollenberger.

 

• [2] According to HSO Ollenberger’s report, on September 25, 2006 , Mr. Beresh refused to work because he felt that the ratio of one officer to one deportee in the case of this removal was a danger.

 

• [3] Further to his investigation, HSO Ollenberger determined that the escort of the deportee from Vancouver International Airport to Los Angeles International Airport without the use of restraints did not constitute a danger.

 

[4] On November 23, 2006 , Mr. Beresh sent a fax to this Office indicating that he was withdrawing his appeal.

 

[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 CAO-06-043

 

Appellant Robert Beresh

 

Respondent Canada Border Services Agency

 

Provisions

 

Canada Labour Code 129(7)

Keywords Withdrawal, deportee escort, one on one.

 

SUMMARY

 

On October 5, 2006 , Robert Beresh appealed a decision of no danger rendered by HSO Ollenberger. On November 23, 2006 , Mr. Beresh withdrew his appeal. The case is therefore close.