0692-01-HS Richard Goudreault, Applicant v. R.M. Belanger Ltd. & Highway Maintenance and, Ministry of Labour, Responding Parties.
0693-01-HS Richard Goudreault, Applicant v. R.M. Belanger Ltd. & Highway Maintenance and, Ministry of Labour, Responding Parties.
BEFORE: Marilyn Silverman, Vice-Chair.
DECISION OF THE BOARD; June 18, 2001
1This is a purported request for an appeal and suspension of an order of a health and safety inspector dated April 18, 2001 under the Occupational Health and Safety Act (the “OHSA”) which deals with protection against vehicular traffic for employees working on highways.
2On May 30, 2001 the Board received the Application for Suspension of Inspector’s Order, (Form A-67). No Appeal of the Inspector’s Order (Form A-65) was filed although a blank copy of same appears in the file and may have been filed. The Form A-67 which was completed provides in bold lettering that:
AN APPLICATION FOR SUSPENSION WILL NOT BE PROCESSED EXCEPT WHERE ACCOMPANIED BY AN APPEAL OR WHERE AN APPEAL HAS ALREADY BEEN FILED.
3Therefore the Board received an application for suspension of the inspector’s order and no appeal of same. The Registrar forwarded a letter to the applicant on May 31, 2001 advising the applicant that the application did not comply with the Board’s rules and setting out the relevant statutory provisions. That letter states in part:
If the Board does not receive your properly completed Form A-65 and Form A-67 within 10 working days of the date of this letter, the proceedings will be terminated.
4The applicant has not complied with this direction and therefore no proper application or suspension request has been filed. Having regard to these circumstances, these proceedings are hereby terminated.
“Marilyn Silverman”
for the Board