Archived - Decision: 08-026 Canada Labour Code Part II Occupational Health and Safety

This case was decided by Appeals Officer Pierre Guénette.

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

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

[1] This case concerns an appeal made by Mr. Tony Ferrusi on June 3, 2005, 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 verbally on May 26, 2005, by Health and Safety Officer (HSO) Darlene Tunney following her investigation of the refusal to work of T. Ferrusi on May 25, 2005, pursuant to section 128 of the Code.

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

• - change in definition to danger (Parks Canada)
• - lack of training & equipment to handle individuals with guns
• - unable to implement policy as unaware of the dangerous status
• - 2 versions of job hazard analysis…

• [3] On completion of the investigation of the refusal to work, HSO Tunney determined, pursuant to subsection 129(4) of the Code, that a danger did not exist.
• [4] On September 23, 2008, Mr. Andrew Raven, Counsel for the appellant, wrote to the Occupational Health and Safety Tribunal Canada to advise that he had received instruction from T. Ferrusi to request that his appeal be withdrawn.
• [5] Considering the above and having reviewed the file, I accept the withdrawal and declare this case closed.

Pierre Guénette
Appeals Officer