BACKGROUND:
Recently, Alberta OHS issued an Administrative Penalty (AP) to our client for failing, as the “employer who is responsible”, to give notice of work involving the removal of asbestos containing materials, prior to s. 36(1) of the OH&S Code.
In issuing the AP, the Officer determined and relied on various “facts”, including that the Owner of the building in question hired our client to conduct the work in question.
There was just one problem.
The Officer issuing the AP never made contact with or otherwise sought information from our client, at any stage prior to issuing the AP, including before, during, or after inspection of the worksite. Had he done so, our client would have been able to provide information showing it did not have a contract with the Owner, and that it arrived onsite only after the work in question had already begun.
Our client reached out to us for assistance.
Following a conversation with the issuing Officer, we appealed the AP.
DISCUSSION:
Our Notice of Appeal identified several grounds of appeal, ranging from mistake of fact, to errors of mix fact and law, to a breach of natural justice and fairness.
THE END RESULT:
After reviewing our submissions, the issuing Officer agreed to rescind the AP.
F2 LEGAL COUNSEL: YOUR ACE IN THE HOLE.
OH&S officers aren’t always perfect. Neither are their APs. We’ve been successful in having APs rescinded in many cases owing to deficiencies, concerns over fairness and reasonableness, and problems with the authority, discretion, and/or jurisdiction of the issuing OH&S officer.
Contact us today at 1-780-720-1586 (Edmonton & Northern Alberta) or 1-403-456-5835 (Calgary & Southern Alberta), and let our experience benefit you.