Archived - Decision: 08-007 Canada Labour Code Part II Occupational Health and Safety

Case No.: 2007-06
Decision No.: OHSTC-08-007

Dean White
appellant

and

Canadian National Railway
respondent
_____________________________
March 25, 2008

This case was decided by Appeals Officer Richard Lafrance.

For the appellant
Todd Cotie, United Steel Workers

For the respondent
Nizam Hasham, Counsel, CN Railway

[1] This matter concerns an appeal made by Dean White on March 21, 2007 pursuant to subsection 129(7) of the Canada Labour Code, Part II (the Code). The appeal was against a decision of absence of danger rendered on the same day by health and safety officer B. McKeigan (HSO McKeigan) following his investigation of the refusal to work of D. White on March 18, 2007. D. White mandated Todd Cotie of the United Steel Workers to represent him during this appeal process.

[2] According to the refusal to work registration, D. White refused to work because he believed that he was exposed to a danger when the trains traveling in close proximity to the area were he was working did not slowdown when passing that area. He noted that there had been two derailments in the recent past.

[3] On completion of the investigation of the refusal to work, HSO McKeigan determined, pursuant to subsection 129(4) of the Code, that there was absence of danger as understood in Part II of the Code.

[4] On February 11, 2008, Todd Cotie informed by facsimile the A/Case Management Officer of the Occupational Health and Safety Tribunal Canada that D. White was withdrawing his appeal with regards to the decision of absence of danger rendered by HSO McKeigan.

[5] Considering the above and having reviewed the file, I accept the withdrawal and declare this case closed.

Decision: OHSTC-08-007

Appellant: Dean White

Respondent: Canadian National Railway

Keywords: Trains, speed, derailment, danger, withdrawal

Summary:

On March 18 2007, Dean White appealed a decision of absence of danger rendered by Health and Safety Officer McKeigan further to his investigation of the said work refusal by D. White. On February 11, 2008, Todd Cotie on behalf of the appellant withdrew the appeal. The case is therefore close.