Archived - Decision: 04-034 Canada Labour Code Part II Occupational Health and Safety

This case was decided by Douglas Malanka, appeals officer.

[1]  On April 16, 2003, Ms. Sharon Brown, Customs Inspector appealed the decision of no danger issued by health and safety officer R. Maklan, following her refusal to work of April 15, 2003.

[2]  Ms. Brown's statement of the refusal to work was: "I did not want to work the Asian flights without a mask. A mask was offered, but cannot guarantee fit without first being fit-tested. Has not been fit-tested because answered "yes" on questionnaire".

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[4]  Based on the facts provided to me in this case, it appears that this appeal was withdrawn and I confirm that the file on this matter is closed.

Summary of Decision

Decision No.:  04-034

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 offi

cer, following a refusal to work. The applicant further withdrew his appeal and the appeals officer closed the file.