Archived - Decision: 08-009 Canada Labour Code Part II Occupational Health and Safety

Case No.: 2006‑46

Interlocutory Decisions
Order No.: OHSTC‑08‑009 (A)
Order No.: CAO‑07‑034 (A)

Jean-François Boudreault
appellant

and

G4S Cash Services (Canada) Ltd.
respondent
_____________________________
April 23, 2008

This is Interlocutory Order No. OHSTC‑08‑009 (A) issued on January 16 and 21, 2008 in the present case.

For the appellant
Nicola Di Ioro, Counsel, Heenan Blaikie

For the respondent
Edward Kravitz, Counsel, Fédération des employées et employés de services publics inc. (CSN)

[1] As part of the hearing of the appeal filed by Jean‑François Boudreault, an armoured-truck driver working for G4S Cash Services (Canada) Ltd., following a decision of no danger rendered by Health and Safety Officer (HSO) France Racicot with regard to Mr. Boudreault’s refusal to work, the present interlocutory order confirms the order of January 16 and 21, 2008 issued orally.

[2] At the hearing of January 16, 2008, this tribunal requested a copy of all appendices, with the exception of appendices “A” et “B,” to the report entitled “Job Hazard Analysis: The Two Person ‘All off’ Practice at G4S” produced par SSG on June 14, 2006, be placed on file, the aforementioned report having already been placed on file by Mr. Di Ioro, counsel for G4S Cash Services (Canada) Ltd. Given the confidential nature of these documents, their submission is subject to conditions. At the hearing of January 21, 2008, this tribunal also requested a copy of the record of occupational and physical training be placed on file, along with a list of relevant dates and a brief description of the content of such occupational and physical training provided to Mr. Boudreault since he was hired by the firm.

[3] G4S Cash Services (Canada) Ltd. is HEREBY ORDERED therefore to provide this tribunal as well as Mr. Kravitz, no later than May 6, 2008, with a copy of all appendices, with the exception of appendices “A” et “B,” to the report entitled “Job Hazard Analysis: The Two Person ‘All off’ Practice at G4S” produced by SSG on June 14, 2006, the copy of each appendix to be previously initialed by Mr. Di Ioro on behalf of G4S Cash Services (Canada) Ltd.

[4] As well, given the confidential nature of the documents to be provided to him, Mr. Kravitz is HEREBY ORDERED to respect the following conditions as soon as he receives the copy of the documents:

• Mr. Kravitz shall be the sole recipient and custodian of the documents;
• in addition to Mr. Kravitz, only Daniel Pilon shall be authorized to consult the documents, and only in the presence of Mr. Kravitz;
• no one shall make copies of the documents; and
• immediately after a final decision has been rendered in the present case, Mr. Kravitz shall return to Mr. Di Ioro the copy of all documents provided to him.

[5] Furthermore, G4S Cash Services (Canada) Ltd. is HEREBY ORDERED to provide this tribunal as well as Mr. Kravitz, no later than May 6, 2008, with a copy of the aforementioned record of occupational and physical training, along with a list of relevant dates and a brief description of the content of such occupational and physical training provided to Mr. Boudreault since he was hired by the firm.