Archived - Decision 07-020 Canada Labour Code Part II Occupational Health and Safety

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Case No.: 2006-52
Decision No.: CAO-07-020

Group 4 Securicor
appellant

and

Canadian Automobile Workers
respondent
_____________
June 12, 2007

This matter was decided by Appeals Officer Richard Lafrance.

For the Appellant
Peter Brady, Counsel for Group 4 Securicor

For the Respondent
Lisa Kelly, Counsel, Canadian Automobile Workers (CAW)

[1] This matter concerns an appeal made by Group 4 Securicor (G4S) against a direction issued by health and safety officer (HSO) Serge Marion.

[2] On March 28, 2006, HSO Marion investigated the continued work refusal of two employees of G4S.

[3] HSO Marion established that while traveling back to the armoured vehicle upon exiting a delivery site, the two employees could not see the vehicle due to the place where it was parked.

[4] He noted that because of the inability to maintain a line of sight to the vehicle when exiting the work location, the guard could not guard the custodian, asses the security of the area and the security of the vehicle.

[5] After a thorough analysis, HSO Marion found that the employees were exposed to a danger as defined in the Canada Labour Code and consequently issued a direction to G4S to alter the activity that constituted a danger to the employees.

[6] A hearing was scheduled for June 18, 19 and 20, 2007. However, on June 07, 2007, the Canada Appeals Office received a letter from Peter Brady, Counsel for G4S, advising them that Group 4 Securicor was withdrawing its appeal of the direction.

[7] Considering the above and having reviewed the case file, I duly note the stated intention of the appellant. This appeal is thus withdrawn and this case is closed.



_________________
Richard Lafrance
Appeals Officer


Summary of Appeals Officer's Decision

Decision : CAO-07-020

Appellant: Group 4 Securicor

Respondent: Canadian Automobile Workers

Provisions: Canada Labour Code, 145(2)(a)

Key Words: Line of sight, security of the area and vehicle, withdrawal

Summary:

This matter concerns an appeal made by Group 4 Securicor (G4S) against a direction issued by health and safety officer Serge Marion. On June 07, 2007, the Canada Appeals Office received a letter advising that G4S was withdrawing its appeal of the direction. The case is therefore close.

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