Archived - Decision: 01-012 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.: 01-012

Applicant: Bell Canada

St-Bruno, Quebec

Represented by: Pascal Rochefort, Lawyer

Interested Party:Communications, Energy and Paper Workers

Union of Canada (CEP)

Represented by: Mario Guité

Mis-en-cause: France Racicot

Safety Officer

Human Resources Development Canada

Before: Michèle Beauchamp

Regional Safety Officer

Human Resources Development Canada

On May 10, 2000, Safety Officer France Racicot investigated a complaint regarding the work place operated by Bell Canada in St-Bruno. On June 20, 2000, the officer issued a direction (appended) to the employer under subsection 145(1) of the Canada Labour Code, Part II, requiring that the employer comply with subsection 125(g) of Part II and paragraph 9.12(3)(a) of the Canada Occupational Safety and Health Regulations.

On July 7, 2000, Bell Canada requested a review of the direction issued June 20. On April 3, 2001, the employer informed the regional safety officer that it was withdrawing its request for a review of the above-mentioned direction.

As the regional safety officer responsible for this case, I confirm that Bell Canada withdrew its request for a review of the direction issued June 20, 2000 by Safety Officer France Racicot under subsection 145(1) of the Canada Labour Code. The file was reviewed and the case closed.

Decision rendered on April 27, 2001

Michèle Beauchamp

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 May 20, 2000, the undersigned safety officer conducted an inspection in the work place operated by Bell Canada, being an employer subject to the Canada Labour Code, Part II, at 1620, Roberval Avenue, St-Bruno, Quebec, the said work place being sometimes known as Centrale.

The said safety officer is of the opinion that the following provision of the Canada Labour Code, Part II, is being contravened:

1. Subsection 125(g) of the Canada Labour Code, Part II, and paragraph 9.12(3)(a) of the COSHR.

Therefore, you are HEREBY DIRECTED, pursuant to subsection 145(1) of the Canada Labour Code, Part II, to terminate the contravention no later than July 5, 2000.

Issued at Montreal, this 20^th day of June 2000.

France Racicot

Safety Officer

HRDC - Labour

Prevention Programs Division

715 Peel Street, 3^rd floor

Montreal, Quebec

H3C 3H6

To: Bell Canada Bell Canada

1620 Roberval Avenue 1310 Marie-Victorin Boul.

St-Bruno, Quebec St-Bruno, Quebec

J3V 3P9 J3V 6B8

SUMMARY OF REGIONAL SAFETY OFFICER DECISION

Decision No.: 01-012

Applicant: Bell Canada

St-Bruno, Quebec

Represented by: Pascal Rochefort, Lawyer

Interested Party: Communications, Energy and Paper Workers

Union of Canada (CEP)

Represented by: Mario Guité

KEYWORDS

Toilet rooms

PROVISIONS

Code: 125 (g), 145(1)

Regulations: 9.12(3)(a)

SUMMARY

A safety officer issued a direction to Bell Canada regarding their toilet rooms in St-Bruno. The employer requested a review of the direction, then withdrew the request. This file was reviewed and the case closed.