Archived - Decision: 08-013 Canada Labour Code Part II Occupational Health and Safety

Case No.: 2007-26
Decision No.: OHSTC-08-013

Scott Huizinga
appellant

and

Correctional Service Canada
respondent
_____________________________
June 18, 2008

This case was decided by Appeals Officer Pierre Guénette.

For the appellant
Scott Huizinga, Correctional Officer II, Warkworth Institution

For the respondent
Karen Clifford, Counsel, Treasury Board, Legal Services

[1] This matter concerns an appeal made by Scott Huizinga on August 24, 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 by health and safety officer Debra D’Souza (HSO D’Souza) on August 15, 2007, following her investigation of the refusal to work of Scott Huizinga on July 31, 2007.

[2] According to the refusal to work registration form, Scott Huizinga refused to work because “(…) the fire standard to be applied to the living unit at Warkworth Institution is not being applied, excessive fire loads and hazards to be found in many of the cells within the Institution and fire safety systems such as electrical remote release devices on exit doors do not exist”.

[3] On completion of the investigation of the refusal to work, HSO D’Souza determined, pursuant to subsection 129(4) of the Code, that danger did not exist as defined under the Code.

[4] Prior to the hearing, a mediation session was held on June 3 and 4, 2008 between both parties involved in this appeal and a mediator from the Occupational Health and Safety Tribunal Canada. As a result of the mediation process, the parties achieved a settlement agreement.

[5] On the same day, Scott Huizinga confirmed in writing that he was withdrawing his appeal.

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

Decision: OHSTC-08-013

Appellant: Scott Huizinga

Respondent: Correctional Service Canada

Keywords: Fire standards, living units, cells, refusal to work, danger, mediation, withdrawal.

Summary:

On July 15, 2007, Scott Huizinga refused to work on the basis that the fire standard is not applied in the living units of the Warkworth Institution.

Following an investigation of the said work refusal, health and safety officer D’Souza decided on August 15, 2007, that a danger did not exist. On August 24, 2007, Scott Huizinga appealed the decision of absence of danger rendered by health and safety officer D’Souza.

On June 3 and 4, 2008 the parties proceeded to mediation with the assistance of a mediator from the Occupational Health and Safety Tribunal Canada and came to an agreement.

On June 4, 2008, S. Huizinga confirmed in writing that he was withdrawing his appeal. Therefore, the Appeals Officer considers the above and closes the case.