Archived - Decision: 08-019 Canada Labour Code Part II Occupational Health and Safety

Case No.: 2004-42
Decision No.: OHSTC-08-019

Dan Leibel
appellant

and

Canada Border Services Agency
respondent

August 21, 2008

This case was decided by Appeals Officer Pierre Guénette.

For the appellant
Andrew Raven, Counsel, Raven, Cameron, Ballantyne & Yazbeck

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

[1] This matter concerns an appeal made by Mr. Dan Leibel on December 2, 2004, 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 Lyn Peters (HSO Peters) following her investigation of the refusal to work of Mr. Leibel on December 2, 2004.

[2] According to the refusal to work registration form, Mr. Leibel refused to work for the following reason:

"Because my life is in jeapordy, because Management has decided that for economic reasons only, my health + safety will continue to be a high risk from this point on. See all evidence 16 pages. That while working alone, my chances of facing imminent death or injury are 100 % higher than they would be if I was working with another inspector, because danger can arise in any split second decision made by a felon, and any felon seeing or knowing there is more than one on shift would be in most cases deterred or even abandon their thought to kill or harm me." [sic]

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

[4] On August 15, 2008, Mr. Andrew Raven, Counsel for Mr. Leibel wrote to the Occupational Health and Safety Tribunal Canada to advise that Mr. Leibel no longer wished to pursue his appeal.

[5] Considering the above and having reviewed the file, this appeal is withdrawn and this case is closed.

Pierre Guénette
Appeals Officer