Safety & HCM Post

Risk of Missing Tool Being in Inmates’ Possession Justifies Guards’ Work Refusal

A razor-sharp snipping tool was missing from a prison workshop and guards feared that it may have fallen into the hands of inmates. So they asked management to do a full facility check and initiated a work refusal when their request was denied. The employer investigated and found no danger and the JHSC’s subsequent investigation had mixed findings. So a government safety officer found that danger did exist. Even though there was no proof that the inmates actually had the snippers, there was danger as long as the possibility existed because the potential consequences would be so severe. The OHS Tribunal upheld the officer’s finding of danger, especially in light of the facility’s recent history of inmates using kitchen utensils and tools to attack guards [Correctional Service of Canada v. Laycock, 2017 OHSTC 21 (CanLII), Oct. 31, 2017].

Bongarde Editorial

Bongarde Editorial

Leave Comment

Sign up to our FREE Safety & HCM newsletter