The union appealed an Inspector's decision declining to make an order after the employer refused to allow the Joint Health and Safety Committee (JHSC) to inspect areas of the workplace where contractors were working under 'care and custody' agreements.
The employer and the Ministry of Labour raised a preliminary objection that the appeal did not make out a prima facie case and sought prospective remedies beyond the Board's jurisdiction.
The Board dismissed the preliminary objection, finding an arguable case that the employer's policy of limiting JHSC inspections violated the Occupational Health and Safety Act.
The matter was remitted to a Labour Relations Officer for settlement discussions.
