Archived - 02-010 Canada Labour Code Part II Occupational Health and Safety

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International Longshore &
Wharehouse Union, Local 500
applicant
and
Pacific Coast Terminals Co. Ltd
employer
and
Philip D' Sa health and safety officer
___________________________
Decision No. 02-010
June 11, 2002

[1] On April 22, 2002, health and safety officer Philip D'Sa conducted an investigation on a refusal to work in the work place located on the M.V. Nordkap at Pacific Coast Terminal Co. Ltd.. The employee, Mr. Stohl, considered it dangerous to work a bunkering operation simultaneously with the loading of sulphur. On April 22, 2002, the health and safety officer rendered a decision of no danger pursuant to subsection 129(7) of the Canada Labour Code, Part II.

[2] On May 3, 2002, the International Longshore & Wharehouse Union, Local 500 appealed the decision rendered on April 22, 2002. On June 7, 2002, the union informed the Canada Appeals Office that it was withdrawing its appeal of the above-mentioned decision.

[3] As the appeals officer seized of this case, I confirm that the International Longshore & Wharehouse Union, Local 500 withdrew its appeal of the decision of no danger rendered by health and safety officer Phillip D'Sa. This case is closed.




____________________________
Serge Cadieux
Appeals Officer



Summary of Appeals Officer Decision


Decision No.: 02-010
Applicants: International Longshore & Wharehouse Union, Local 500
Employer: Pacific Coast Terminals Co. Ltd.
Keywords: Refusal to work, bunkering operation.
Provisions:
Code: 129(7)
Summary:

On April 22, 2002, health and safety officer Philip D'Sa conducted an investigation on a refusal to work in the work place located at M.V. Nordkap at Pacific Coast Terminal Co. Ltd.. The employee, Mr. Stohl, considered it dangerous to work a bunkering operation simultaneously with the loading of sulphur. On April 22, 2002, the health and safety officer rendered a decision of no danger pursuant to subsection 129(7) of the Canada Labour Code, Part II. On May 3, 2002, the International Longshore & Wharehouse Union, Local 500 appealed the decision rendered on April 22, 2002. On June 7, 2002, the union informed the Canada Appeals Office that it was withdrawing its appeal of the above-mentioned decision. The appeals officer closed the file.

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