Occupational Health and Safety Tribunal Canada

Case No.: 2005-10

Decision No.: CAO-06-051

 

 

 

CANADA LABOUR CODE

PART II

OCCUPATIONAL HEALTH AND SAFETY

 

 

 

Ryan DeBack

appellant

 

 

and

 

 

Correctional Services Canada

respondent

 

________________

Decision No.: CAO-06-051

December 19, 2006

 

 

 

This case was decided by Appeals Officer Richard Lafrance.

 

 

For the appellant

Marie-Claude Girard-Jauvin, CSN Union adviser

Ryan DeBack, Correctional Officer 1

 

For the respondent

Richard Fader, Counsel, Treasury Board Legal Services

Janice Nachtegaele, A/Director of Programs and Operations

 

Health and Safety Officer

Rodney Levinton, Human Resources and Skills Development Canada

 

• [1] This case concerns an appeal made on March 8, 2005 under the Canada Labour Code, Part II, subsection 129(7), by Mr. Ryan DeBack, employee for Correctional Services Canada, against a decision of no danger rendered by Health and Safety Officer (HSO) Rodney Levinton.

 

• [2] According to HSO Levinton’s report, on February 5, 2005 , Mr. DeBack stated the following on his refusal to work registration form:

 

While I am performing my other duties while behind the Bow Unit panel, I am subject to assault from inmates via flying debris, physical assault, etc. The preventive measures taken to date by management to correct the issue have done nothing to protect myself or others from such assaults which have caused injuries to staff and inmates as a result.

 

• [3] On July 26, 2006 , Mr. Richard Fader, Counsel representing Correctional Services Canada requested that the appeal be dealt with through the mediation services of the Canada Appeals Office on Occupational Health and Safety (the Office). On August 31, 2006 , Ms. Marie-Claude Girard-Jauvin, CSN Union adviser representing Mr. DeBack accepted Mr. Fader’s mediation proposal.

 

[4] On December 7, 2006 , before the mediation could occur, Ms. Girard-Jauvin sent a fax to this Office indicating that the Union was withdrawing the appeal on behalf of Mr. DeBack.

 

[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-06-051

 

Appellant Mr. Ryan DeBack

 

Respondent Correctional Services Canada

 

Provisions

 

Canada Labour Code 129(7)

Keywords Withdrawal, assault, mediation.

 

SUMMARY

 

On March 8, 2005 , Mr. DeBack, appealed a decision of no danger rendered. He stated that he was subject to assault from inmates. On December 7, 2006 , Ms. Girard-Jauvin withdrew the appeal on behalf of Mr. DeBack. The case is therefore close.