Archived - Decision: 08-017 Canada Labour Code Part II Occupational Health and Safety

Case No.: 2007-34
Decision No.: OHSTC-08-017

Dan Tangney
appellant

and

Canada Border Services Agency
respondent

July 28, 2008

This case was decided by Appeals Officer Pierre Rousseau.

For the appellant
Dan Tangney, Border Services Officer

For the respondent
Richard Fader, Counsel, Treasury Board Portfolio Legal Services Unit

[1] This matter concerns an appeal made by Mr. Dan Tangney on December 7, 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 Kim Mordaunt (HSO Mordaunt) following her investigation of the refusal to work of Mr. Tangney on November 28, 2007.

[2] According to the statement of the refusal to work in HSO Mordaunt's Investigation Report and Decision, Mr. Tangney refused to work for the following reason:

"Due to Excessive [sic] shaking of roof (Management states this is due to construction on roof) I am concerned with structural damage due to excessive weight being repeatedly placed (excess of 250 monos) on floor and effects of construction on roof including cables shaking"

[3] On completion of the investigation of the refusal to work, HSO Mordaunt determined, pursuant to subsection 129(4) of the Code, that a danger did not exist.

[4] On May 5, 2008, the Occupational Health and Safety Tribunal Canada's (the Tribunal) Case Management Officer was informed during a telephone conversation with Mr. Tangney, that the latter wished to withdraw his appeal. On June 2, 2008, the Tribunal's Case Management Officer was further informed that Mr. Tangney was going to send a letter, by June 9, 2008, to the Tribunal stating the withdrawal of his appeal.

[5] On June 17, 2008, the Tribunal sent a letter to Mr. Tangney, with a postage paid return envelope, seeking clarification on the status of his appeal. The letter advised Mr. Tangney that should he not respond by June 27, 2008, the Appeals Officer would accept the verbal confirmation of his withdrawal.

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

Pierre Rousseau
Appeals Officer