Archived - Decision: 96-003 CANADA LABOUR CODE PART II OCCUPATIONAL SAFETY AND HEALTH

Review under section 146 of the Canada Labour Code, Part II,

of a direction issued by a safety officer

Decision No. 96-003

Applicant: N. Yanke Transfer Ltd.

2431 Stanfiel Road

Mississauga, Ont., L4Y 1R6

Mis en cause: Darlene Tunney, Safety Officer

Human Resources Development Canada

Mississauga, Ont.

Before: Bertrand Southière

Regional Safety Officer

Human Resources Development Canada

On February 9, 1995, safety officer Darlene Tunney issued a direction

to N. Yanke Transfer Ltd. of Mississauga, Ontario. The safety officer

had conducted an inquiry at the work place operated by the employer and

as a result, she directed the employer to establish a safety and health

committee in accordance with section 135 of the Canada Labour Code.

The employer appealed the direction on February 10, 1995.

A hearing was scheduled for July 21, 1995, however, on July 19, 1995,

Charlotte Rochon, on behalf of N. Yanke Transfer Ltd., withdrew the

request for revision. As the regional safety officer responsible to

review this direction, I confirm hereby that N. Yanke Transfer Ltd. has

withdrawn its request for review of the direction issued by safety

officer Darlene Tunney on February 9, 1995. This file is closed.

Decision given on February 27, 1996.

Bertrand Southière

Regional Safety Officer

SUMMARY OF REGIONAL SAFETY OFFICER DECISION

Decision No.: 96-003

Applicant: N. Yanke Transfer Ltd.

Mississsauga, Ontario

KEYWORDS:

Safety and health committee

PROVISIONS:

Code: sections 135 and 137

SUMMARY:

A safety officer issued a direction to N. Yanke Transfer Ltd, of

Mississauga, Ontario, to establish a safety and health committee for a

work place situated in Mississauga. This work place had nine office

staff and forty truck drivers who reported to this particular office.

The employer appealed the direction because in his view, only nine

persons worked regularly in this office; the truck drivers' work place

was their ruck.

A hearing was scheduled for July 21, 1995, however, two days before the

hearing, a FAX was received from the company's head office human

resources manager withdrawing the request for revision.