Archived - Decision: 09-033 Canada Labour Code Part II Occupational Health and Safety

By facsimile and priority post
604.806.0933 & 604.683.6622 

September 23, 2009

Case name: DP World (Canada) Inc. v. International Longshore & Warehouse Union, Local 500
Case No.: 2007-08

Mr. Thomas Roper
Roper Greyell LLP
800 Park Place
666 Burrard Street
Vancouver, BC V6P 3P3

Ms. Leah Terai
Laughton & Company
Suite 1090
1090 West Georgia Street
Vancouver, BC V6E 3V7

Subject:

Application to extend and vary stay - Decision No.: OHSTC-09-027(S)
Application to adjourn hearing, September 29 and 30, 2009

Mr. Roper and Ms. Terai,

This ruling is in regards to the appellant’s applications dated August 26, 2009, and the teleconference of yesterday during which the respondent confirmed their consent to the said applications as stated in a letter dated September 9, 2009.

The parties are hereby notified that the applications to have the order to stay the direction issued by Health and Safety Officer D’Sa dated April 25, 2007, be extended and varied and is granted subject to the conditions itemized below. Consequently, the hearing scheduled for September 29 and 30, 2009, is adjourned.

1. The stay will be varied in accordance with all the conditions, measures and procedures stipulated in the application made by the appellant’s counsel, Mr. Roper, dated August 26, 2009, and the recommendations in the report titled "Evaluating the Safety of Grain – Loading Through Cement Holes – Phase Three" dated August 20, 2009, prepared by Genesis Engineering Inc.
2. The employer or his representative will notify each of the following before each incident of testing takes place:
   
   1. Transport Canada Marine;
   2. The Union and the Local; and
   3. The officers of the ship on which testing is to take place
3. The stay is extended until the hearing scheduled for January 13 and 14, 2010, for which the parties are notified.
4. The employer will provide a brief written progress report of the testing to the undersigned Appeals Officer at the end of each month beginning October 2009.
5. The employer may renew the application for an extension to the stay subject to a review of the circumstances at the time of the application by the undersigned Appeals Officer.

Sincerely,

Michael Wiwchar
Appeals Officer

c.c. Philip D’Sa