FPSLREB Decisions

Occupational health and safety - Refusal to work - Reference of decision of safety officer pursuant to subsection 129(5) of Part II of the Canada Labour Code - on August 2, 1996, applicant, who suffered from environmental hypersensitivity, refused to work relying on Part II of the Code - on August 8, 1996, safety officer tested air quality at applicant's workplace and, on the basis of the test results which were all within acceptable levels, he concluded that no danger to the applicant existed - on request of applicant, safety officer referred his decision to the Board - evidence established that employer had over the years made several attempts to accommodate applicant's health concerns - applicant adduced no evidence - in the absence of any evidence impeaching the decision of the safety officer, his decision must be confirmed. Decision of safety officer confirmed. Cases cited: Re Attorney General of Canada and Bonfa et al. (1991), 73 D.L.R. (4th) 364; Bugden (165-2-55); Cross and Pike (165-2-82); Webber et al. (165-2-92).