Archived - Decision: 08-020 Canada Labour Code Part II Occupational Health and Safety

Case No.: 2006-54
Decision No.: OHSTC-08-020

S. Huizinga
appellant

and

Correctional Service Canada Warkworth Institution
respondent

August 26, 2008

This case was decided by Appeals Officer Pierre Guénette.

For the appellant
Michel Bouchard, CSN Ontario Advisor

For the respondent
Richard Fader, Counsel, Department of Justice Canada

[1] This case concerns an appeal made by S. Huizinga on September 6, 2006 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 August 25, 2006 by health and safety officer Bob Tomlin (HSO Tomlin) following his investigation of the refusal to work of S. Huizinga on August 22, 2006. S. Huizinga mandated Michel Bouchard, CSN Ontario Advisor to represent him during this appeal process.

[2] According to the Refusal to Work Registration form, S. Huizinga refused to work because the units, where he is working, are unsafe due to no escapes hatches, no lexan on the windows and outdated safety glass in the control posts of the Warkworth Institution.

[3] On completion of the investigation of the refusal to work, HSO Tomlin 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 August 22, 2008, Michel Bouchard informed by e-mail to the A/Case Management Officer of the Occupational Health and Safety Tribunal Canada that S. Huizinga was withdrawing his appeal with regards to the decision of absence of danger rendered by HSO Tomlin, because the employer has begun the installation of the escape hatches.

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

Pierre Guénette
Appeals Officer