Archived - Decision 05-052 Canada Labour Code Part II Occupational Health and Safety

Transbord
applicant
___________________________
Decision No. 05-052
December 19, 2005

This case concerning a request for an extension of the date to comply with a direction was heard by appeals officer Richard Lafrance on December 16, 2005.

For the applicant
Carl Lessard (counsel)
Annie Blanchard
Sylvain Desaulniers

For the employees
Marc-André Gagné, Member, Work Place Health and Safety Committee

Health and Safety Officer
Steve Sirois, Montreal, Quebec

[1] This decision concerns a request for an extension of the date to comply with a direction issued by Health and Safety Officer (HSO) Steve Sirois. A telephone conference with the parties was held on December 16, 2005.

[2] The direction issued to Transbord on December 15, 2005 indicates that HSO Sirois believes that the performance of an activity constitutes a danger to an employee while at work, to wit:

• "[translation] the fact that an employee walks around at a height of more than 2.4 metres on a load placed on a trailer without being provided with fall-protection systems in accordance with the requirements of section 12.10 of the Canada Occupational Health and Safety Regulations constitutes a danger of falling.

[3] The direction issued by HSO Sirois orders the employer to cease all contraventions as of the date that the direction was issued, December 15, 2005.

[4] The employer has agreed, among other things, to immediately notify its truck drivers in writing about the temporary methods to use to avoid falling from flatbed semi-trailers when working at a height of more than 2.4 metres.

[5] The employer has stated that there is currently no commercial fall-protection system that can meet the requirements of the Occupational Health and Safety Regulations. But the employer has also agreed to fabricate such a system, all of which should be completed and installed on its trucks no later than January 18, 2006.

[6] In addition, given that the representative of the Health and Safety Committee and HSO Sirois are in agreement with this request, I hereby modify the direction to indicate a compliance date of January 18, 2006.

Summary of Appeals Officer's Decision

Decision No.: 05-052

Applicant: Transbord

Keywords: Extension of date for compliance

Summary:

This decision concerns a request for an extension of the date to comply with a direction issued by a Health and Safety Officer.

The employer agreed to modify its trucks and equip them will fall-protection systems no later than January 18, 2006.

The Appeals Officer amended the direction to indicate a compliance date of January 18, 2006.