Occupational Health and Safety Tribunal Canada

Case No.: 2006-23

Decision No.: CAO-06-044

 

 

 

CANADA LABOUR CODE

PART II

OCCUPATIONAL HEALTH AND SAFETY

 

 

 

Canada Border Services Agency

appellant

 

 

and

 

 

CEUDA

respondent

 

________________

Decision No.: CAO-06-044

December 8^th, 2006

 

 

 

This case was decided by Appeals Officer Richard Lafrance.

 

 

For the appellant

Richard Fader, Counsel, Treasury Board Legal Services

Gerald MacKinnon, Chief Commercial Operations

 

For the respondent

Carole Legere, Customs Inspector

Jason McMicheal, Customs Inspector

 

Health and Safety Officer

Paul G. Danton, Human Resources and Skills Development Canada

• [1] This case concerns an appeal made on March 16 ^th, 2006 under the Canada Labour Code, Part II, subsection 146(1), by Richard Fader, Counsel for Canada Border Services Agency, against a direction issued by Health and Safety Officer (HSO) Paul G. Danton.

 

• [2] The direction followed upon a refusal to work by 24 employees on

February 20^th, 2006 . There where two employee types involved in the work refusal: the Customs Inspectors and the Immigration Officers. The customs inspectors are required to perform duties either on the Primary Inspection line or Secondary line searching motor vehicles under authority of the Customs Act on a 1 hour rational basis. Immigration officers are required to interview and search individuals, as well as vehicles, face to face to ascertain compliance or non compliance with regard to the Immigration Act.

 

• [3] Further to his investigation, HSO Danton issued a direction to the employer under paragraphs 141.(1)(h) of the Canada Labour Code as follows:

 

On Monday the 20^th of February 2006 the undersigned health and safety officer conducted an investigation into a group refusal to work in the workplace operated by Canada Border Services Agency being the employer subject to the Canada Labour Code Part II, at 3 Bridge Street, Port Edward Ontario, the said work place being sometimes known as the Blue Water Bridge.

 

Therefore, you are HEREBY DIRECTED, pursuant to paragraph 141(1)(h) to produce a copy of your local emergency plan at this site known as the Blue Water Bridge, at 3 Bridge Street, Port Edward Ontario that has been developed in consultation with the health and safety committee, and to permit the officer to examine and make copies or take extracts from those documents, and that information.

 

• [4] On December 5 ^th, 2006 , Richard Fader, Counsel for Canada Border Services Agency, sent a letter to this Office indicating that Canada Border Services Agency 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 CAO-06-044

 

Appellant Canada Border Services Agency

 

Respondent CEUDA

 

Provisions

 

Canada Labour Code 146(1)

Keywords Customs inspectors, Immigration officers, Emergency procedures, withdrawal

 

SUMMARY

 

On March 16th, 2006 , Canada Border Services Agency appealed a direction following the work refusal of 24 employees. The HSO issued a direction to produce a copy of the local emergency plan and permit the officer to examine and make copies or take extracts from those documents and that information. On December 5th, 2006 , Canada Border Services Agency withdrew its appeal of the direction. The case is therefore close.