Ontario Labour Relations Board
Board File No.: 2115-00-HS Trudy Edwards, Applicant v. RVH (The Royal Victoria Hospital of Barrie), and Ministry of Labour, Responding Parties.
Board File No.: 2121-00-HS Trudy Edwards, Applicant v. RVH (The Royal Victoria Hospital of Barrie), and Ministry of Labour, Responding Parties.
BEFORE: David A. McKee, Vice-Chair.
DECISION OF THE BOARD; November 3, 2000
Decision
1These are two applications under the Occupational Health and Safety Act, RSO 1990 ch. O.1 as amended (the "Act"). Board File No. 2121-00-HS is an appeal of an order, or more specifically a refusal to issue an order, of a Health and Safety Inspector, pursuant to section 61(1) of the Act. Board File No. 2115-00-HS is an application for a suspension of that Order pending the conclusion of this appeal. This decision deals only with the application for a suspension of the Order.
2The applicant's appeal arises out of a complaint and work refusal with respect to the performance of certain duties at the Royal Victoria Hospital in Barrie, Ontario. Following her complaint to the Occupational Health and Safety Branch, an investigation was done and reports issued on September 14, 18, and 26. The applicant is not satisfied with these reports. The applicant states that "the investigation and subsequent reports, with no orders, were not thorough or reflect the work as it is performed normally, and by females". She asks the Board to "Set it aside in its entirety and [order the Inspector to] perform a thorough investigation. Not setting it aside, is leaving the female workers in an unsafe work environment".
3The adequacy of the Inspector's report, and the propriety of any order or refusal to issue an order, will be dealt with in the appeal. In an application for the suspension of an order, the only issue before the Board is whether the order should be suspended. All that the Board can do under section 61(7) is to suspend the order. That suspension would restore the situation to that which obtained immediately prior to the issuing of an order. In this case, the application asserts that the Inspector refused to issue an order. If the Board were to suspend the Inspector's refusal to issue an order, this would accomplish nothing. The situation would then revert to that which obtained on September 13, 2000. It is that state of affairs that the applicant complains of and asks the Board to rectify.
4The applicant has misconceived the purpose, or perhaps the utility of a request for a suspension of a refusal to issue an order. The application in Board File No. 2115-00-HS is denied. All of the applicant's concerns can be dealt with in the appeal. If it is appropriate to issue an order directing the inspector to redo an inspection or part of an inspection or to issue an order that has not been issued, the Board can do so at the hearing of the appeal. This would be done only after hearing the evidence and argument of all parties, and only if the applicant convinces the Board that it is appropriate to do so.
5I am not seized of these applications.
"David A. McKee"
for the Board