Maple Leaf Meats v. Richard den Bok, 2000 CanLII 13262

0360-99-HS Maple Leaf Meats, Applicant v. Richard den Bok, Inspector, Ministry of Labour and United Food and Commercial Workers International Union, Local 617P, Responding Parties.

1003-99-HS Maple Leaf Meats, Applicant v. United Food and Commercial Workers International Union Local 617-P and Ministry of Labour, Responding Parties.

BEFORE: Russell Goodfellow, Vice-Chair.

DECISION OF THE BOARD; March 14, 2000

1. These are two appeals under section 61 of the Occupational Health and Safety Act, R. S. O. 1990, c. O. 1, as amended (the "Act") in relation to orders in Field Visit Nos. 806130 and 824381 made by Richard den Bok, an inspector under the Act.

2. Prior to the hearing in these matters, the parties entered into the following Minutes of Settlement:

In the Matter of an Appeal under Section 61 of the Occupational Health & Safety Act

Before the Ontario Labour Relations Board

Bd Files

0360-99-HS

1003-99-HS

Between

Maple Leaf Meats Inc.

(the "Company")

and

Richard Den Bok, Inspector

Ministry of Labour (the "Inspector")

and United Food & Commercial Workers

Int'l Union (the "Union") Local 617P

(the "Responding Parties")

Minutes of Settlement

Whereas the Inspector issued certain orders on April 14, 1999 to the Company (the "April 14 Orders");

And Whereas the Inspector issued an Order to the Company on June 1, 1999 (the "June 1 Order");

And Whereas the Company has appealed three of the April 14 Orders in Board File #0360-99-HS;

And Whereas the company has appealed the June 1 Order in Board File #1003-99-HS;

And Whereas the hearing in Board files 0360-99-HS and 1003-99-HS were scheduled for hearing on March 13, 2000 and the Company and the responding parties have received notice of such hearing;

And Whereas the Union has not attended at the hearing although duly notified of such hearing;

And Whereas the Company and the Inspector have agreed to resolve all issues involved in the appeals;

Now therefore, for due consideration it is agreed as follows:

1. The Inspector has agreed that the June 1 Order shall be amended to provide as follows:

Pursuant to section 76 Ont. Reg. 851/90 the employer shall ensure that the worker changing the film while the top guard is removed at line #2 shall have the machine locked out.

2. On the understanding that workers are not to stand on the base of the equipment the Inspector agrees that the Company is in compliance with the April 14 Order at page 8 of 12 (Order #7 in the Company's appeal) and no guard rail needs to be installed.

3. The Inspector agrees that the April 14 Order at page 7 of 12 (Order #6 in the Company's appeal) is rescinded and substituted with an order that the Company provide by April 1, 2000 a report from a duly accredited professional engineer stating that the sausage stuffing equipment which is the subject of this Order is not likely to endanger the safety of any worker when the plunger mechanism is unguarded.

4. On the understanding that the April 14 Order at page 9 of 12 (Order #8 in the Company's appeal) applies only to the pressroom (in which no work is currently performed) the Company withdraws its appeal.

5. It is agreed that these Minutes of Settlement shall be incorporated into an Order of the Board.

Dated at Toronto, Ontario this 13^th^ day of March, 2000

Richard Den Bok,

Inspector Ministry of

Labour Maple Leaf Meats Inc.

"Richard Den Bok" . per "Grant Dunham" .

3. Having regard to the foregoing, the Board hereby issues the Minutes of Settlement as an Order of the Board and Board File No. 0360-99-HS is hereby withdrawn.

"Russell Goodfellow"

for the Board