Archived - Decision: 96-010 CANADA LABOUR CODE PART II OCCUPATIONAL SAFETY AND HEALTH

Review under section 146 of the Canada Labour Code, Part II,

of a direction issued by a safety officer

Decision No.96-010

Applicant: N.B. Tel Co. Ltd.

Bathurst, New Brunswick

Mis en cause: Dave Furlotte, Safety Officer

Human Resources Development Canada

Moncton, New Brunswick

Before: Serge Cadieux

Regional Safety Officer

Human Resources Development Canada

On January 29, 1996, safety officer Dave Furlotte issued a direction to

N.B. Tel Co. Ltd. of Bathurst, N.B. The safety officer had conducted

an inquiry into an accident at the work place operated by the employer

and as a result, the safety officer was of the opinion that paragraph

125(j) of the Canada Labour Code, Part II, and paragraphs 12.10(2)(b)

and (c) of the Canada Occupational Safety and Health Regulations were

being contravened. The employee was not using fall-protection equipment

when scaling poles. The employer appealed the direction on February

12, 1996.

On March 29, 1996 the employer withdrew its request for review of the

above-noted direction. As the Regional Safety Officer responsible to

review this direction, I HEREBY CONFIRM that N.B. Tel Co. Ltd. has

withdrawn its request for review of the direction issued by safety

officer Dave Furlotte on January 29, 1996. This file is closed.

Decision rendered on April 25, 1996.

Serge Cadieux

Regional Safety Officer

SUMMARY OF REGIONAL SAFETY OFFICER DECISION

Decision No.: 96-010

Applicant: N.B. Tel. Co. Ltd.

Bathurst, N.B.

Respondent: n/a

KEYWORDS:

Fall-protection equipment, poles.

PROVISIONS:

Code: Para. 125(j)

Regs: 12.10(2)(b) and (c)

SUMMARY:

A direction was given to N.B. Tel. Co. Ltd. following an investigation

into an accident. The employee was injured when scaling poles without

fall-protection equipment. The case was not heard by the Regional

Safety Officer, the request for review having been WITHDRAWN by the

company. The file was closed.