Archived - Decision: 96-012 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.96-012

Applicant: Mr. Allen Ryan

Regional Safety and Health Co-Chairman

International Association of Machinists and Autoworkers

St-Laurent, Quebec

Respondent: E. W. Clinch

General Manager, Aircraft Maintenance

Air Canada Base

Montreal International Airport

Mis en cause:Guy Lauzon

Safety Officer #1847

Human Resources Development Canada

LaSalle, Quebec

Before: Bertrand Southière

Regional Safety Officer

Human Resources Development Canada

Background

On April 4, 1995, safety officer Guy Lauzon issued a direction to Air

Canada at Montreal International Airport (APPENDIX). The direction

dealt with employees' safety while performing electrical maintenance

work on aircrafts and was given as a result of an employee coming in

contact with live, unguarded, electrical apparatus.

Mr. Pierre Bujold and Allen Ryan, members of the safety committee,

requested a review of this direction on April 14, 1995, on the basis

that the direction was incomplete and did not reference all the

applicable provisions. Meanwhile, negotiations on this issue were

ongoing between the employer and the union and eventually, at the

beginning of May 1996, the employer agreed that subsections (1), (2)

and (5) of section 8.5 were applicable to his operations. As a result,

the applicant has withdrawn the request for a review of the direction

by a regional safety officer.

Decision

As the regional safety officer responsible to review this direction,

I HEREBY CONFIRM that Mr. Allen Ryan, Regional Co-Chairman Safety

and Health, Local Lodge 1751, International Association of Machinists

and Autoworkers, has withdrawn his request for review of the direction

issued safety officer Guy Lauzon to Air Canada at Montreal

International Airport, on the fourth day of April 1995. This file is

closed.

Decision given on May 17, 1996.

Bertrand Southière

Regional Safety Officer

APPENDIX

IN THE MATTER OF THE CANADA LABOUR CODE

PART II - OCCUPATIONAL SAFETY AND HEALTH

DIRECTION TO THE EMPLOYER UNDER SUBSECTION 145(1)

On March 22 and 30, 1995, the undersigned safety officer conducted an

inquiry in the work place operated by Air Canada, being an employer

subject to the Canada Labour Code, part II, at Air Canada Base,

Montreal International Airport (Dorval) Quebec, H4Y 1C2, the said work

place being sometimes known as Maintenance Base.

The said safety officer is of the opinion that the following provisions

of the Canada Labour Code, Part II, are being contravened:

1 - Paragraph 125(s) of the Canada Labour Code, Part II

The employer shall make aware every employee of every known or

foreseeable safety or health hazard during their work on airplanes.

2 - Paragraph 125(k)(iii) of the Canada Labour Code, Part II and

subsection 8.5(2) Canada Occupational Safety and Health regulations.

The electrical equipment on airplanes shall be guarded while this

equipment is live.

3 - Paragraph 125(s) of the Canada Labour Code, Part II and section

8.7 of the (Regulations).

The employer shall install a legible sign, indicating "DANGER HIGH

VOLTAGE" in all places where there is electrical hazard or

possibilities of having one on airplanes.

Therefore, you are HEREBY DIRECTED, pursuant to subsection 145(1) of

the Canada Labour Code, Part II to terminate the contraventions no

later than April 18, 1995.

Issued at LaSalle, this 4th day of April 1995.

Guy Lauzon

Safety Officer

#1847

SUMMARY OF REGIONAL SAFETY OFFICER DECISION

Decision No.: 96-012

Applicant: Mr. Allen Ryan

Regional Safety and Health Co-Chairman

International Association of Machinists and Autoworkers

St-Laurent, Quebec

KEYWORDS:

Safety procedures for work on live electrical equipment;

PROVISIONS:

Code: 125(s) and 125(k)(iii)

Canada Occupational Safety and Health Regulations: section 8.5 and 8.7

SUMMARY:

A safety officer issued a direction to Air Canada at Montreal

International Airport regarding safety precautions while working on

live electrical equipment. The union appealed the direction but later,

after discussions with the employer, the request for review was

withdrawn. This file is closed.