Appeals regarding bus brake pedal safety dismissed, but employer ordered to provide further training.
Several transit operators appealed decisions by Ministry of Labour inspectors and ergonomists declining to issue orders regarding the brake pedal configuration on Nova RTS buses.
The operators argued the brake envelope was too small, causing their toes to hit the back panel during emergency braking.
The Board found that while hitting the back panel is a hazard, the brake configuration is safe if the operator's foot is properly positioned on the heel rest as intended by the manufacturer.
However, the Board found the employer failed to provide sufficient training on proper brake application and the mechanics of the air brake system.
The Board declined to order retrofitting of the buses but directed the employer to conduct further training for all operators.
McNaught v. Toronto Transit Commission, 2000 CanLII 2754
