Archived - 1999 OHSTC 014

Review under section 146 of the Canada Labour Code,

Part II, of a direction given by a safety officer

Decision No.: 99-014

Applicant: Canadian Pacific Railway

Calgary, Alberta

Represented by: Faye Ackermans

Respondent: Brotherhood of Maintenance of Way Employees (B.M.W.E.)

Ottawa, Ontario

Represented by: Mr. John Kruk

Mis-en-cause:Marvin L. Hedden

Safety Officer

Human Resources Development Canada

Before: Douglas Malanka

Regional Safety Officer

Human Resources Development Canada

On February 1, 1999 safety Officer Marvin L. Hedden conducted an inquiry in the work place operated by the Canadian Pacific Railway (CP Rail) regarding railway incidents that occurred from August 20, 1997 to January 26, 1999. He then issued a direction under paragraph 145(2)(a).

On April 20 ,1999 CP Rail requested a review of the direction. On June 2, 1999, the Office of the Regional Safety Officer was formally informed that CP Rail was withdrawing its request for review of the above-noted direction.

As the Regional Safety Officer responsible for the review of these directions, I am confirming that CP Rail has withdrawn its request for review of the direction issued under paragraph 145(2)(a) of the Code by safety officer Marvin L. Hedden on March 15, 1999. This file is closed.

Issued on June 18, 1999.

Douglas Malanka

Regional Safety Officer

ANNEX I

IN THE MATTER OF THE CANADA LABOUR CODE

PART II - OCCUPATIONAL SAFETY AND HEALTH

DIRECTION TO THE EMPLOYER UNDER PARAGRAPH 145(2)(a)

On February 1, 1999 the undersigned safety office(sic) conducted an inquiry regarding railway incidents that occurred from Aug. 10/1997 to Jan. 26/1999 in the work place operated by Canadian Pacific Railway, being an employer subject to the Canada Labour Code, Part II, at the said work place being sometimes known as CP Rail, British Columbia.

The said safety officer considers that a danger exists for maintenance of way (mow) employees performing their functions on CP Rail system as follows: Foreman are not adequately protecting sub-foreman when clearing trains through limits or canceling track occupancy permits (TOP).

Therefore, you are HEREBY DIRECTED, PURSUANT TO PARAGRAPH 145(2)(a) of the Canada Labour Code, Part II, to take measures immediately to guard the source of danger.

Issued at New Westminster B.C., the 15^th day of March, 1999.

M.L. Hedden

Safety Officer

#3301

SUMMARY OF REGIONAL SAFETY OFFICER DECISION

Decision No.: 99-014

Applicant: Canadian Pacific Railway

Calgary, Alberta

KEYWORDS:

Foreman, track occupancy permits.

PROVISIONS:

Code: 145(2)(a)

Reg: n/a

SUMMARY:

A safety officer gave a direction to Canadian Pacific Railway (CP Rail). CP Rail requested a review of the direction but withdrew its request. The file was closed.