Archived - 2002 OHSTC 009 - Canada Labour Code Part II Occupational Health and Safety
Archived information
Archived information is provided for reference, research or recordkeeping purposes. It is not subject to the Government of Canada Web Standards and has not been altered or updated since it was archived. Please contact us to request a format other than those available.
| Andrew Marshall applicant |
|
| and | |
| Correctional Services Canada employer |
|
| and | |
| Todd Campbell health and safety officer |
|
| ___________________________ Decision No: 03-009 April 22, 2003 |
[1] On November 4, 2002, Mr. Andrew Marshall, a Correctional Officer with Correctional Services Canada, refused to work in the living unit at Matsqui Institution out of concern that he would be exposed to second hand tobacco smoke produced by inmates smoking there. He had read in a draft policy review report commissioned by Correctional Services Canada that, according to the World Health Organization, "There is sufficient evidence that involuntary smoking (exposure to second-hand smoke) causes lung disease in humans."
[2] Following his investigation of the refusal to work, health and safety officer Mr. Todd Campbell decided that a danger did not exist for Mr. Marshall and informed him and Correctional Services Canada of his decision. Mr. Marshall appealed the health and safety officer's decision to an appeals officer on November 5, 2003 pursuant to subsection 129.(7) of the Canada Labour Code.
[3] On March 3, 2003, Mr. Marshall wrote to the Canada Appeals Office on Occupational Health and Safety and withdrew his appeal. He confirmed that his decision to withdraw the appeal was made in consultation with the Confédération des Syndicats Nationaux (CSN).
[4] As the appeals officer assigned to the case, I confirm that Mr. Marshall withdrew his appeal of health and safety officer's decision that a danger did not exist, and formally close the file in this case.
__________________________
Douglas Malanka
Appeals Officer
Summary of Appeals Officer Decision
| Decision No.: | 03-009 |
| Applicant: | Andrew Marshall |
| Employee: | Correctional Services Canada |
| Key Words: | danger, second-hand tobacco smoke, living unit, inmates, refusal to work, withdrawal. |
| Provisions: | C.L.C. 129.(7) |
|
Summary: On November 4, 2002, a Correctional Officer with Correctional Services Canada, refused to work in the living unit at Matsqui Institution out of concern that he would be exposed to second hand tobacco smoke produced by inmates smoking there. He had read that, according to the World Health Organization, "There is sufficient evidence that involuntary smoking (exposure to second-hand smoke) causes lung disease in humans." A health and safety officer investigated into the refusal to work and decided that a danger did not exist. On November 5, 2002, the employee appealed the health and safety officer's decision to an appeals officer pursuant to subsection 129.(7) of the Canada Labour Code. On March 3, 2003, Mr. Marshall wrote again to the Canada Appeals Office on Occupational Health and Safety and withdrew his appeal. He confirmed that his decision to withdraw his appeal was made in consultation with the Confédération des Syndicats Nationaux (CSN). The appeals officer assigned to the case confirmed that the employee had withdrawn his appeal of the health and safety officer's decision that a danger did not exist, and formally closed the file in this case. |
|
Page details
- Date modified: