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Occupational Health and Safety (OHS) OHS Appeals ProcessAppeal of an Occupational Health Officer's (OHO’s) decisionAnyone 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:
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 decisionAnyone 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 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 harassmentAny 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 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 Further Appeal to the Court of Queen’s BenchAn 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:
The decision of the Court of Queen's Bench is final and conclusive and not open to further appeal or review. |