Archived - 2002 OHSTC 017 - Canada Labour Code Part II Occupational Health and Safety

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Lorraine Diaper
applicants
and
Human Resources Development Canada
employer
and
Paul Danton
health and safety officer
___________________________
Decision No. 02-017
September 4, 2002

[1] On January 14, 2002, health and safety officer Paul Danton conducted an investigation on a refusal to work at Human Resources Development Canada in London, Ontario. The employee, Ms. Loraine Diaper, considered it dangerous to work on her floor due to the possibility of contamination with asbestos fibres. On January 14, 2002, the health and safety officer rendered a verbal decision of no danger pursuant to subsection 129(4) of the Canada Labour Code, Part II.

[2] On January 28, 2002, Ms. Loraine Diaper appealed the decision rendered on January 14, 2002. On January 16, 2002, Ms. Diaper informed the Canada Appeals Office that she was withdrawing her appeal of the above-mentioned decision. She felt that the measures taken by the employer subsequent to her refusal to work would protect her health and safety at work.

[3] As the appeals officer seized of this case, I confirm that Ms. Diaper withdrew her appeal of the decision of no danger rendered by health and safety officer Paul Danton. This case is closed.



_______________________
Serge Cadieux
Appeals Officer



Summary of Appeals Officer Decision


Decision No.: 02-017
Applicants: Ms. Loraine Diaper
Employer: Human Resources Development Canada
Key Words: Refusal to work, asbestos fibres.
Provisions:
Code: 129(7)
Summary:

On January 14, 2002, health and safety officer Paul Danton conducted an investigation on a refusal to work at Human Resources Development Canada in London, Ontario. The employee, considered it dangerous to work on her floor due to the possibility of contamination with asbestos fibres. The health and safety officer rendered a verbal decision of no danger pursuant to subsection 129(4) of the Canada Labour Code, Part II. Ms. Loraine Diaper appealed the decision rendered on January 14, 2002. On January 16, 2002, Ms. Diaper informed the Canada Appeals Office that she was withdrawing her appeal of the above-mentioned decision.

The appeals officer confirmed that Ms. Diaper withdrew her appeal of the decision of no danger rendered by health and safety officer Paul Danton. The appeals officer closed the file.

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