Archived - Decision: 99-023 CANADA LABOUR CODE PART II OCCUPATIONAL SAFETY AND HEALTH

Review under section 146 of the Canada Labour Code,

Part II, of a direction given by a safety officer

Decision No.: 99-023

Applicant: Harvard Developments Ltd.

Regina, Saskatchewan

Represented by: Deron A. Kuski

Mis-en-cause:Curtis Pidhorney

Safety Officer

Human Resources Development Canada

Before: Douglas Malanka

Regional Safety Officer

Human Resources Development Canada

On September 16^th, 1998, safety Officer Curtis Pidhorney conducted an inspection in the work place operated by Harvard Developments Ltd.. The safety officer decided that the absence of a second means of egress constituted a danger to employees. On January 21^st, 1999 he issued a direction (see annex) to the Company pursuant to paragraph 145(2)(a) of the Code and ordered the Company to install a second means of egress on the main floor.

On February 4^th,1999 Harvard Developments Ltd. requested a review of the direction pursuant to section 146 of the Code. A hearing was scheduled for March 2^nd, 1999 but was postponed at the request of Harvard Developments Ltd.. They explained to the Office of the Regional Safety Officer that the City of Regina Fire Inspector’s Office had become involved in the matter. On July 27, 1999, Harvard Developments Ltd. subsequently withdrew its request for review of the direction since it had already complied with it.

As a result, I hereby confirm that Harvard Developments Ltd. has withdrawn its request for review of the direction issued pursuant to paragraph 145(2)(a) of the Code by safety officer

Curtis Pidhorney on January 21^st, 1999. This file is closed.

Issued on October 14, 1999.

Douglas Malanka

Regional Safety Officer

ANNEX

IN THE MATTER OF THE CANADA LABOUR CODE

PART II - OCCUPATIONAL SAFETY AND HEALTH

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

On September 16^th, 1998, the undersigned safety officer conducted an inspection in the work place operated by HARVARD DEVELOPMENTS LTD., being an employer subject to the Canada Labour Code, Part II, at 2060 HALIFAX ST. REGINA SK, the said work place being sometimes known as Harvard Broadcasting.

The said safety officer considers that a condition in any place constitutes a danger to an employee while at work:

1. Paragraph 125(a) of the Canada Labour Code, Part II, and subsection 2.1 of the Canada Occupational Safety and Health Regulations.

Second means of egress shall be installed on main floor.

Therefore, you are HEREBY DIRECTED, pursuant to paragraph 145(2)(a) of the Canada Labour Code, Part II, to protect any person from danger immediately.

Issued at Regina, SK, this 21^st, day of January 1999.

Curtis Pidhorney

Safety Officer

3374

To: HARVARD DEVELOPMENTS LTD.

HARVARD BROADCASTING

2060 HALIFAX ST

REGINA SK

S4P 3J4

SUMMARY OF REGIONAL SAFETY OFFICER DECISION

Decision No.: 99-023

Applicant: Harvard Developments Ltd.

Regina, Saskatchewan

KEYWORDS:

Egress, danger.

PROVISIONS:

Code: 125(a), 145(2)(a)

Reg: 2.1

SUMMARY:

A safety officer issued a direction to Harvard Developments Ltd. The Company requested a review of the direction but later withdrew its request since they had complied with the direction. The file was closed.