Withdrawal from Work in the Event of Imminent Danger

The grievor sought to be paid for three hours during which time the grievor contended that he had withdrawn from work under the Withdrawal from Work in the Event of Imminent Danger Procedures.

The grievors' workplace had been subject to a fire on April 10, 1985, and on the following day the building had been evacuated again during the morning because of a bomb threat. When the grievor returned to his office on the afternoon of April 11th, he sent a memo to his section head to inform him that, based on the Occupational Safety and Health Policy, he intended to withdraw from the workplace because of the poor quality of the air.

The Administrative Committee considered and agreed with the report of the Occupational Safety, Health and Physical Working Conditions Committee in that, the grievor had not been dealt with according to the intent of the Procedures because the department had not contacted a Labour Canada safety officer so he could determine, in accordance with the Procedures, whether the situation in respect of which the grievor had exercised his rights to withdraw from work did in fact constitute an imminent danger.

The grievance was upheld.