0482-00-HS The Crown in Right of Ontario, as represented by The Ministry of Correctional Services, Applicant v. Ontario Public Service Employees Union and Don Jewitt, Inspector, Ministry of Labour, Responding Parties.
0483-00-HS The Crown in Right of Ontario (Ministry of Correctional Services) Thunder Bay Correctional Centre, Applicant v. Ontario Public Service Employees Union and Ministry of Labour, Responding Parties.
BEFORE: John Morgan Lewis, Vice-Chair.
DECISION OF THE BOARD; June 2, 2000
- This is an application pursuant to section 61(7) of the Occupational Health and Safety Act, R.S.O. 1990, c.0.1 (the “Act”) seeking the suspension of one of two orders issued by Inspector Don Jewitt in Field Visit Nos. 940963 and 940964 dated April 11, 2000. The application to suspend has been assigned Board File No.
0483-00-HS. The applicant has also filed an appeal of the two orders, which has been assigned Board File No. 2926-99-HS. This decision deals only with the suspension request.
- Inspector Jewitt attended at the Thunder Bay Correctional Centre (the “Centre”) on April 10, 2000 for a routine investigation following an assault on Correctional Officer Anna Gibbons by three female young offender inmates. The assault took place on April 4, 2000. Upon conducting the investigation of the safety procedures in place at the Centre, Inspector Jewitt noted a number of concerns, which are reflected in the orders he issued and which are set out as follows:
Order No. 1:
Pursuant to Subsection 25(2)(h) of the Occupational Health and Safety Act the employer shall take every precaution reasonable in the circumstances for the protection of a worker. The employer shall ensure that in the Young Offenders Unit of the above noted facility, a correctional officer remains in full view another officer while conducting resident checks or performing other duties in the dormitories or other isolated areas. This currently is not the practice.
Order No. 2:
Pursuant to the Occupational Health and Safety Act Subsection 25(2)(h) the employer shall take every precaution reasonable in the circumstances for the protection of a worker. The employer shall conduct a hazard analyses and risk assessment of the Young Offenders Unit at the above noted location. This will include but is not limited to issues surrounding i) risk of injury to workers from violence ii) staffing levels and scheduling, ii) barriers/shields, iii) lighting, iv) building restrictions, vi) worker procedures viii) and worker training in procedures. The Joint Health and Safety Committee shall be consulted in the establishment and maintenance of the program outlined above. This order shall be complied with by 31-May-2000
Having reviewed the materials, which have been filed with the Board by the parties, it would appear that there may be little in dispute. Although the applicant asserts that Order No. 1 is ambiguous and seeks direction from the Board as to its scope, it would appear that the responding parties agree that the actions already undertaken by the applicant are sufficient and are in compliance with Order No. 1.
In its response, the Ministry of Labour suggests that the applicant’s main concern with Order No. 2 is with respect to the compliance date Inspector Jewitt has selected. Counsel for the Ministry of Labour has suggested that an amended compliance date could be agreeable if the applicant provided reasons why the date of May 31 is inappropriate.
In these circumstances, I am not prepared to issue a decision regarding the suspension request until such time as a Labour Relations Officer has had an opportunity to speak with the parties and canvass the possibility of a settlement. Accordingly, I hereby direct the Registrar of the Board to appoint a Labour Relations Officer to meet with the parties. The Labour Relations Officer is directed to report to the Board by no later than Friday, June 9, 2000. If a settlement has not been reached by the parties at that time, the Board will issue a decision on the suspension request forthwith.
I am seized.
“John Morgan Lewis”
for the Board