Inspector Not Bound by Conclusion of Other Inspector on Safety of Work


An OHS inspector issued a company an order relating to loading grain through cement loading holes on a ship. The company hired an expert to look into the issues and, based on his report, developed a draft safe work procedure for grain loading. The inspector said the procedure complied with his order. Less than a year later, another inspector ordered the company to have a “competent person” review the expert’s report. The company appealed, arguing that the inspector didn’t have authority to contradict an earlier compliance ruling by another inspector. The federal OHS Tribunal disagreed. The passage of time and new facts and circumstances may change the evaluation of a safety situation, it explained [DP World (Canada) Inc. v. International Longshore and Warehouse Union, Local 500, [2011] OHSTC 17, Aug. 9, 2011].