FPSLREB Decisions

Occupational health and safety - Refusal to work - Prison guards - Referral of the decision of a safety officer pursuant to subsection 129(5) of the Canada Labour Code - Employer's refusal to allow a prison guard to be armed during the escort outside of the institution of a dangerous inmate - the applicants were two correctional officers employed at a maximum security institution - the employer directed them to escort inmate B to a medical appointment at a local hospital - inmate B was a particularly large and strong inmate with a volatile temper - the applicants invoked their right to refuse to work when the warden refused to authorize one of them to carry a firearm during the escort of inmate B - after an investigation, the safety officer found that no condition existed which constituted a danger to the applicants - at the request of the applicants, the decision of the safety officer was referred to the Board - the evidence established that, at the time the safety officer conducted his investigation, inmate B had already been escorted to his medical appointment by managers - the Board found that escorting inmate B was the condition which the applicants alleged created a danger for them - however, at the time of the investigation by the safety officer that danger no longer existed - there was, therefore, no ground to overturn the safety officer's decision. Decision of safety officer confirmed. Case cited:Fletcher, 2000 PSSRB 86 (165-2-209 to 216).