Archived - Decision: 04-033 Canada Labour Code Part II Occupational Health and Safety

This case was decided by Douglas Malanka, appeals officer.

[1]  On April 7th, 2003, Ms. Sharon Brown, Customs Inspector appealed the decision of no danger issued by health and safety officer K. Manella, following her refusal to work of March 31st, 2003.

[2]  Ms. Brown's statement of the refusal to work was: "Refuse to sort the Customs E311 cards because of the unknown pathogens on the cards and the fear that by this type of extended contact I will contaminate myself, my surroundings or counters parts. The cards have been in contact with respiratory secretions and body fluids of passengers – healthy or unhealthy. And there are germs that can survive on different surfaces for at least 2 – 3 hours ie. Corona virus. See: www.cdc.gov/od/oc/media/transcripts/t030329.htm"

[3]  Ms. Brown advised the Canada Appeals Office on Occupational Health and safety on September 16, 2004, that she no longer wanted to proceed with her two complaints (2003-32 and 2003-33) and she withdrew her appeal.

[4]  Based on the facts provided to me in this case, it appears that this appeal was withdrawn and I therefore confirm that the file on this matter is closed.

Summary of Decision

Decision No.:  04-033

Applicant:  S. Brown

Employer:  Canada Customs and Revenue Agency

Key Words:  Decision, refusal to work.

Summary:

The applicant appealed a decision of no danger issued by a health and safety officer, following a refusal to work. The applicant further withdrew his appeal and the appeals officer closed the file.