A recent Ontario Labour Relations Board decision confirms that the 30-day deadline for appealing Ministry of Labour health and safety inspectors' compliance orders under the Occupational Health and Safety Act cannot not be extended.
An MOL inspector visited a mortuary and issued five compliance orders including an order to seal certain flammable liquids in sealed containers of not more than 23 litres and in a special metal cabinet.
The employer filed its appeal of two orders with the OLRB 40 days after the MOL inspector issued those orders – that is, ten days after the deadline.
The OLRB stated:
There is no provision in the Act that permits the Board to extend the time period prescribed by subsection 61(1) of the Act within which an appeal must be made to the Board. That is, the Board does not have the discretion to relieve against appeals that are filed beyond the statutory 30 day time frame . . . Quite simply, the Board does not have the jurisdiction to extend the 30 day time period provided by the Act to appeal an inspector's order.
As such, the OLRB dismissed the appeal in respect of the two orders that were appealed late.
The decision is a reminder to employers to ensure that if they intend to challenge MOL inspectors' compliance orders, the appeal must be filed with the OLRB within 30 days.
Ottawa Mortuary Services v Egrmajer, 2017 CanLII 11813 (ON LRB)
For more information, visit our Occupational Health & Safety Law blog at www.occupationalhealthandsafetylaw.com
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