Employer's appeal allowed; objective fit tests proved respirator was safe despite worker's subjective complaints.
The employer appealed orders issued by a Ministry of Labour Health and Safety Inspector following a worker's refusal to wear a specific respirator (US Model 100) while welding.
The worker claimed the respirator did not fit properly.
The employer conducted qualitative and quantitative fit tests, which demonstrated an exceptionally good fit, but the worker deliberately frustrated some tests and maintained his refusal.
The inspector concluded the worker was likely to be endangered and ordered the employer to provide an appropriate respirator.
The Ontario Labour Relations Board allowed the employer's appeal, finding the objective evidence overwhelmingly established the respirator fit properly and there was no real or significant possibility of the worker being endangered.
The inspector erred by relying too heavily on the worker's subjective views over objective test results.
National Steel Car Limited v. United Steelworkers of America, Local 7135, 2000 CanLII 12047
