Government of Saskatchewan
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        Wednesday, May 16, 2012
Minister of Labour Relations and Workplace Safety

Appeal of an Occupational Health Officer's (OHO’s) decision

Anyone directly affected by an Occupational Health Officer's (OHO’s) decision may appeal to the Executive Director within 21 days of the decision.

When an appeal is made, the OHO’s decision is reviewed internally. The Executive Director also considers written information from people directly involved in the appeal. The information may be about the circumstances of the incident in question or the appropriateness of the officer’s decision.

The written appeal must: 

  • identify the decision being appealed;
  • give reasons for the appeal; and
  • state any action requested, including the suspension of any or all parts of the decision being appealed.

After reviewing all of the information provided, the Executive Director will provide a written decision that includes the reasons for the decision.

Appeal of the OHS Executive Director's decision

Anyone directly affected by a decision of the Executive Director may appeal that decision to an adjudicator within 21 days of the decision.

The notice of appeal must be in writing and include the following information:

  • the decision that is being appealed;
  • the names of everyone who has a direct interest in the decision being appealed;
  • the reasons for the appeal; and  
  • any action being requested, including the suspension of any or all portions of the decision being appealed.  

The notice of appeal will be sent to an independent adjudicator. The adjudicator then sets a time and place for the appeal hearing.  After hearing the appeal, the adjudicator will provide a written decision giving reasons for the decision.
 

Appeals involving an issue of harassment

Any person who is directly affected by the decision of an Occupational Health Officer involving an issue of harassment may appeal the decision to a special adjudicator by sending a notice of appeal within 21 days of the decision to the Executive Director.

The notice of appeal must be in writing and include the following information:

  • the decision that is being appealed;
  • the names of everyone who has a direct interest in the decision being appealed;
  • the reasons for the appeal; and
  • any action being requested, including the suspension of any or all portions of the decision being appealed.

The notice of appeal will be sent to an independent special adjudicator. The adjudicator will then contact the appellant and other persons involved to decide whether the matter can be mediated or whether a hearing is required. If a hearing is held, the adjudicator will provide a written decision providing reasons for the decision.

All appeals should be addressed in writing to:

Executive Director
Occupational Health and Safety
1870 Albert Street
Regina SK  S4P 4W1 

Further Appeal to the Court of Queen’s Bench

An adjudicator's decision or special adjudicator's decision may be further appealed to the Court of Queen's Bench for Saskatchewan in the following instances:

  • there is a question as to the law applied or the jurisdiction of the adjudicator; and
  • the adjudicator's decision is in relation to an Officer's order for the cessation of work.

The decision of the Court of Queen's Bench is final and conclusive and not open to further appeal or review.



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