W. McNaught v. Toronto Transit Commission and Ministry of Labour
3043-99-HS W. McNaught, Applicant v. Toronto Transit Commission and Ministry of Labour, Responding Parties.
BEFORE: Laura Trachuk, Vice‑Chair.
DECISION OF THE BOARD; May 31, 2000
1In a decision dated April 28, 2000 the Board dismissed this appeal for failing to make out a prima facie case i.e. for failing to plead facts upon which the Board could find that a Health and Safety Inspector should have issued an order. Mr. McNaught has asked the Board to reconsider that decision.
2The Board has reviewed Mr. McNaught’s submissions and has decided to deny his request for reconsideration. The Health and Safety Inspector who investigated his work refusal on December 14, 1999, found that his action did not “qualify” as a work refusal as “ Being available as a resource person for health and safety consultation with workers does not indicate any risk or hazard to Mr. McNaught in relation to the conditions under ssection 43(3) of the Occupational Health and Safety Act.” The pleadings filed with the Board also do not disclose facts which could support a finding that Mr. McNaught had reason to believe that his work assignment at the relevant time was likely to endanger himself or another worker. His pleadings do not disclose any conceivable basis for a work refusal.
3The request for reconsideration is hereby denied.
“Laura Trachuk”
for the Board