Shoulder-belt mechanism twisted to prevent retraction
When the driver of an oilsands dump truck was seen not wearing a seatbelt, he was promptly terminated for violating a “cardinal” safety rule.
Randolph Healey worked as a truck driver for North American Mining for about seven or eight years at Suncor’s oilsands mine near Fort McMurray, Alta., when on June 6, 2017, he was operating one of the company’s massive Caterpillar haul trucks, which was 19 feet, six inches high.
Foreman Doug Hodge was operating a bulldozer — which measured 15 feet, five inches high — when he passed by Healey and looked up into the cab.
The shoulder belt was viewed from about 20 to 25 feet away, said Hodge, and it was hanging loosely from its retraction area and it wasn’t wrapped around Healey, as it should have been. And because Healey’s side window was rolled down, Hodge had no trouble seeing inside, he testified.
Hodge immediately radioed to Healey and told him to park his truck and report to the supervisor. Healey did so and a general foreman escorted him to speak with superintendent Jamie Henderson.
Throughout the investigation, Healey continued to deny driving the truck without a belt. Henderson and Rod Phillip, another superintendent, inspected the truck and they found the belt was hanging from its retraction area, but it was twisted so it wouldn’t retract. Eventually, Henderson was able to loosen the belt and operate it in a normal fashion.
In the past, truck drivers had complained about the restrictive nature of the shoulder belts, but they were supposed to be operated with an add-on clip, which helped alleviate the problem.
And because there had been incidents in the previous two months, in which two drivers were injured after not wearing seatbelts, Suncor had instituted a strict policy edict that mandated drivers wear their seatbelts at all times while driving.
On the day in question, a daily safety document that drivers had reviewed before beginning their shifts, included a note written at the top that read: “WEAR YOUR SEAT BELT!!!”
After inspecting Healey’s truck, Phillip and Henderson took cellphone pictures and returned to the office. Healey denied the photos were of his truck cab and he maintained his seatbelt was operating normally when he was seen by Hodge.
Healey was told to go home for the day, but on the way, he was advised via a phone call that he was terminated.
The union, the International Union of Operating Engineers (IUOE), Local 955, grieved the decision and it referenced another driver at the company’s Kearl Lake, Alta., operation, who was given a written reprimand in February 2018 after he duct-taped the shoulder belt so it wouldn’t retract.
For the Healey situation, arbitrator James Casey upheld the grievance because of an “uneven application of discipline,” but he did not order North American Mining to reinstate Healey.
“(Healey) intentionally violated an extremely important safety rule and has failed to accept any responsibility for his actions. Upon being confronted by management, he denied that he was not wearing his shoulder belt and continued to deny it at the arbitration,” said Casey.
“Given these circumstances, I conclude that the employment relationship is no longer viable and, as a result, I do not reinstate (Healey),” said Casey.
Instead, North American Mining was ordered to pay damages to Healey.
“Given the safety-sensitive environment and the importance of compliance with the safety rule, I would have dismissed the grievance and upheld the dismissal but for the unequal level of discipline imposed on the Kearl employee. Given the uneven level of discipline, I find that dismissal of (Healey) was too severe,” said Casey.
“The disparity between (Healey’s) sanction of dismissal and the Kearl employee’s sanction of written warning is, in my view, simply too significant to not address. On the other hand, (Healey) has by his own actions destroyed the viability of the employment relationship. He intentionally violated an important safety rule knowing full well the likely consequences if caught, and continued to deny that he did anything wrong,” said Casey.
“In my view, it would be inappropriate to order reinstatement given these circumstances.”
Reference: North American Mining and International Union of Operating Engineers, Local 955. James Casey — arbitrator. Hugh McPhail for the employer. Murray McGown for the employee. Oct. 26, 2018. 2018 CarswellAlta 2414
Randolph Healey worked as a truck driver for North American Mining for about seven or eight years at Suncor’s oilsands mine near Fort McMurray, Alta., when on June 6, 2017, he was operating one of the company’s massive Caterpillar haul trucks, which was 19 feet, six inches high.
Foreman Doug Hodge was operating a bulldozer — which measured 15 feet, five inches high — when he passed by Healey and looked up into the cab.
The shoulder belt was viewed from about 20 to 25 feet away, said Hodge, and it was hanging loosely from its retraction area and it wasn’t wrapped around Healey, as it should have been. And because Healey’s side window was rolled down, Hodge had no trouble seeing inside, he testified.
Hodge immediately radioed to Healey and told him to park his truck and report to the supervisor. Healey did so and a general foreman escorted him to speak with superintendent Jamie Henderson.
Throughout the investigation, Healey continued to deny driving the truck without a belt. Henderson and Rod Phillip, another superintendent, inspected the truck and they found the belt was hanging from its retraction area, but it was twisted so it wouldn’t retract. Eventually, Henderson was able to loosen the belt and operate it in a normal fashion.
In the past, truck drivers had complained about the restrictive nature of the shoulder belts, but they were supposed to be operated with an add-on clip, which helped alleviate the problem.
And because there had been incidents in the previous two months, in which two drivers were injured after not wearing seatbelts, Suncor had instituted a strict policy edict that mandated drivers wear their seatbelts at all times while driving.
On the day in question, a daily safety document that drivers had reviewed before beginning their shifts, included a note written at the top that read: “WEAR YOUR SEAT BELT!!!”
After inspecting Healey’s truck, Phillip and Henderson took cellphone pictures and returned to the office. Healey denied the photos were of his truck cab and he maintained his seatbelt was operating normally when he was seen by Hodge.
Healey was told to go home for the day, but on the way, he was advised via a phone call that he was terminated.
The union, the International Union of Operating Engineers (IUOE), Local 955, grieved the decision and it referenced another driver at the company’s Kearl Lake, Alta., operation, who was given a written reprimand in February 2018 after he duct-taped the shoulder belt so it wouldn’t retract.
For the Healey situation, arbitrator James Casey upheld the grievance because of an “uneven application of discipline,” but he did not order North American Mining to reinstate Healey.
“(Healey) intentionally violated an extremely important safety rule and has failed to accept any responsibility for his actions. Upon being confronted by management, he denied that he was not wearing his shoulder belt and continued to deny it at the arbitration,” said Casey.
“Given these circumstances, I conclude that the employment relationship is no longer viable and, as a result, I do not reinstate (Healey),” said Casey.
Instead, North American Mining was ordered to pay damages to Healey.
“Given the safety-sensitive environment and the importance of compliance with the safety rule, I would have dismissed the grievance and upheld the dismissal but for the unequal level of discipline imposed on the Kearl employee. Given the uneven level of discipline, I find that dismissal of (Healey) was too severe,” said Casey.
“The disparity between (Healey’s) sanction of dismissal and the Kearl employee’s sanction of written warning is, in my view, simply too significant to not address. On the other hand, (Healey) has by his own actions destroyed the viability of the employment relationship. He intentionally violated an important safety rule knowing full well the likely consequences if caught, and continued to deny that he did anything wrong,” said Casey.
“In my view, it would be inappropriate to order reinstatement given these circumstances.”
Reference: North American Mining and International Union of Operating Engineers, Local 955. James Casey — arbitrator. Hugh McPhail for the employer. Murray McGown for the employee. Oct. 26, 2018. 2018 CarswellAlta 2414
