Archived - Decision: 04-028 Canada Labour Code Part II Occupational Health and Safety
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Defence Construction (1951) Canada |
This case was decided by appeals officer Michèle Beauchamp.
Appearances
For the applicants:
Richard E. Fader, Counsel, Justice Canada
Health and Safety Officer:
John M. Crouse, Labour Program, Human Resources Development Canada, Newfoundland and Labrador Region
[1] This case concerns an appeal made on April 6, 2004 by Ross Welsman, Area Engineer, Atlantic Regional Office, Defence Construction Canada (1951) Limited (the employer), under subsection 146(1) of the Canada Labour Code (the Code), Part II.
[2] The appeal was made as a result of a direction issued to the employer on March 10, 2004 by health and safety officer John Crouse, following an investigation. The direction, issued under subsection 145(1) of the Code, describes the employer's contravention as follows:
The said health and safety officer is of the opinion that the following provision of the Canada Labour Code, Part II, has recently been contravened:
- Paragraph 125(1)(z.14) of the Canada Labour Code, Part II.
The employer failed to inform Mr. Ron Elson, an electrician employed by a sub contractor Stephco Electrical, who was working in Housing Unit 586R between 21st and 24th February 2004 of the asbestos hazard in the building.
[3] On May 6, 2004, Richard Fader informed the appeals officer that he was counsel for the employer and of his availability to determine a hearing date.
[4] On July 7, 2004, Richard Fader informed the appeals officer that Defence Construction Canada (1951) Limited was withdrawing its appeal into health and safety officer Crouse's direction.
[5] As the appeals officer responsible for the case, I confirm that Defence Construction Canada (1951) Limited has withdrawn his appeal. After reviewing the file, the case is closed.
_______________________
Michèle Beauchamp
Appeals Officer
Summary of Appeals Officer's Decision
Decision No.: | 04-028 |
Applicant: | Defence Construction Canada (1951) Limited |
Key Words: | Direction, appeal |
Provisions: | Code 145(1), 146(1) Regulations |
Summary: The applicant appealed a direction issued under subsection 145(1) of the Canada Labour Code, Part II, then withdrew his appeal. After reviewing the file, the case is closed. |
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