The applicant, a worker co-chair of the joint health and safety committee, appealed an inspector's decision not to issue an order against the employer under section 53 of the Occupational Health and Safety Act.
The employer had shut down an Acid Drying Tower due to operational issues but did not report this as a 'failure' to the committee.
The Board dismissed the appeal, finding that while reporting requirements should be interpreted broadly, a 'failure' under section 53 only requires reporting if it presents a risk to worker health and safety.
Since the tower's operational problem posed no immediate safety risk until it was opened for repairs—at which point other safety regulations applied—the employer was not obliged to report it under section 53.
