Archived - 02-006 Canada Labour Code Part II Occupational Health and Safety
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| Michel Tellier applicant |
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| and | |
| Mario Thibault Health and Safety Officer |
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| ___________________________ Decision No. 02-006 May 7, 2002 |
Case decided by Michèle Beauchamp, appeals officer, after a telephone pre-hearing.
Participated in the telephone pre-hearing:
For the employee: Jocelyn Tremblay, Provincial President, Syndicat des employés de Sécur
For the employer: Martine Lévesque, Advisor, Occupational Health and Safety and Benefits
[1] On June 6, 2001, health and safety officer Mario Thibault investigated a refusal to work that had occurred the same day in Montreal at around 7:45 p.m. and which had involved Michel Tellier, an automated teller service employee with Sécur,.
[2] Michel Tellier, who was supposed to go with a co-worker in a Sécur vehicle to automated teller machines in various bank branches in Montreal and deliver or pick up money there, refused to work because he considered that the poor condition of the vehicle seat was causing him sciatica, numbness in the legs and back pain.
[3] After investigating the situation, health and safety officer Thibault concluded that driving the vehicle represented no danger for employee Michel Tellier. On June 12, 2001, Mr. Tellier appealed this decision to the appeals officer.
[4] On November 14, 2001, as the appeals officer responsible for this case, I held a pre-hearing on the telephone with the parties concerned to update the information that had been sent to me.
[5] Ms. Lévesque, representing the employer, informed me that the truck in question was only used as a replacement vehicle and that the company's health and safety committee was in the process of dealing with seat problem.
[6] Mr. Tremblay, representing the employee, stated that he had just been informed about the appeal submitted by the employee and that he would examine the issue with the employee and the employer, given that the health and safety committee was in the process of solving it..
[7] On February 4, 2002, Mr. Tremblay confirmed in writing that Mr. Tellier was withdrawing his appeal against health and safety officer Thibault's decision.
[8] As the appeals officer responsible for this case, I confirm that Michel Tellier withdrew his appeal of the decision of no-danger rendered by health and safety officer Thibault following Mr. Tellier's refusal to work on June 6, 2001. After reviewing the file, I consider that this case is closed.
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Michèle Beauchamp
Appeals Officer
Summary of Appeals Officer Decision
| Decision No.: | 02-006 |
| Employee: | Michel Tellier Represented by Jocelyn Tremblay Provincial president, Sécur employees' union |
| Employer: | Sécur Inc. Represented by Martine Lévesque Advisor, occupational health and safety and fringe benefits |
| Keywords: | |
| Provisions: | |
| Code: | 128, 129 |
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Summary: A health and safety officer investigated an instance of refusal to work and came to the conclusion that there was no danger. The employee concerned appealed the health and safety officer's decision to the appeals officer, but subsequently withdrew the appeal. After a pre-hearing over the telephone and a file review, the appeals officer confirmed that the employee had withdrawn his appeal and closed the case. |
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