2478-99-HS United Steelworkers of America, Applicant v. Goodyear Canada Inc., Ministry of Labour, Workplace Safety & Insurance Board, and Inspector William Pettit, Responding Parties.
BEFORE: Inge M. Stamp, Vice-Chair.
DECISION OF THE BOARD; February 7, 2000
1This is an application under section 61(1) of the Occupational Health and Safety Act (“OHSA”) appealing an order made during Field Visit #828280 by Inspector William Pettit on October 19, 1999.
2It appears that the result of the October 19, 1999 visit was to rescind earlier orders issued by Inspector Pettit during Field Visit Reports 831336 and 828252.
3Counsel for Goodyear wrote to the Board raising a number of preliminary issues. One of the issues deals with the timeliness of this application. The applicant in its letter of November 9, 1999 clearly states: the United Steelworkers of America wish to appeal the decision of October 19th, 1999 Field Visit Report 828280 in which Inspector William Pettit rescinded his orders from Field Visit Report 831336 and Field Visit Report 828252. That is a clear intention to appeal the order of Inspector Pettit. The Board’s confirmation of filing of the application (Form B-26) shows the application date as November 9, 1999. The appeal is timely.
4Counsel for Goodyear raised a concern over lack of particulars. The applicant is directed to provide to all of the parties the particulars requested by the company starting on page 4 of the letter of January 17, 2000. These particulars are to be provided by February 25, 1999. A copy of the January 17, 2000 letter was sent to the applicant by counsel for Goodyear.
5The company has identified WSIB as an interested party. WSIB is hereby added as a party to these proceedings.
6The Board notes it does not have a copy of the Field Visit Report #828280 dated October 19, 1999. The applicant is directed to provide a copy of Field Visit Report #828280 to the Board.
“Inge M. Stamp”
for the Board