Guidelines for Appealing Occupational Health and Safety Decisions
Can I appeal Occupational Health and Safety matters?
Employers, workers and trade unions may appeal occupational health and safety (OH&S) decisions, administrative penalties, orders or refusals to give an order to the Yukon Workers' Compensation, Health and Safety Board (the board).
Is there a time limit to file an appeal?
In most cases, you have 21 days to file your appeal, but if your appeal concerns a worker's refusal to perform hazardous work, the time limit is 7 days.
How do I appeal an Occupational Health and Safety decision?
You must appeal in writing to the Director of OH&S. If you need help, please contact the board. You can obtain a Notice of Appeal form from the board. Please complete the entire form and attach the information requested to avoid delaying the process.
Mail or deliver your notice to:
Director of Occupational Health and Safety
Workers' Compensation, Health and Safety Board
401 Strickland Street
Whitehorse, Yukon Y1A 5N8
Can someone else represent me?
Yes. If you prefer not to represent yourself, you may ask a relative, a friend, a lawyer or a union representative to represent you and complete an Authorization for Representation form, which can be found on our website under the Forms section, Appeals.
Will the board pay my legal costs?
No. The Workers' Compensation Act prohibits the board from paying legal expenses incurred by you or your representative.
Where can I find the Occupational Health and Safety Act and board policies?
The Occupational Health and Safety Handbook (includes the Act and Regulations) is available at the board office. Your first copy is free, and additional copies cost 5$.
You can review the Act, Board policies and useful information on the Board's website or at the Board office.
What do I do with new evidence?
If you intend to present new evidence at the hearing, submit it to the board and other parties at least 14 days before the hearing to give other parties a chance to prepare and to avoid delaying the hearing.
Who hears my appeal?
An Appeal Panel will hear and decide your appeal. The panel is made up of three members of the board, one of whom is an employers' representative and another who is a workers' representative. The Chair or Alternate Chair of the Board presides over the panel.
The Appeal Panel may deny or allow the decision or order entirely or partially, or make any order it decides ought to have been made. It may revoke, decrease or confirm an administrative penalty. Each case is determined on its own merit.
Decisions of the Appeal Panel are final: you may not appeal any further; however, you may request a new hearing if you believe the panel misinterpreted the law or policy. If you obtain new, relevant evidence after the Appeal Panel makes a decision, you may also submit that information to the board for a new decision.
What are the types of appeal hearings?
You may choose between a documentary review or an oral hearing.
What happens at a documentary review?
You do not have to attend the hearing. The board gives you a deadline for making a written submission. The Appeal Panel reviews the information on record, the written evidence and the submissions, and makes a decision based on this information. The Appeal Panel sends you its decision in writing.
What happens at an oral hearing?
The Chair of the Appeal Panel explains the procedure and opens the hearing. The people in attendance are introduced and the issue being appealed is confirmed. The parties make their presentations, submit evidence, and question each other's evidence. The Appeal Panel questions the parties and their witnesses. All questions must be relevant to the issue under appeal.
The Appeal Panel bases its decision on the information presented, on the OH&S record, and on written submissions. The panel sends you its decision in writing.
Who attends an oral hearing?
The parties at the hearing are the alleged offender or the person against whom an order is sought, the complainant, the Director of OH&S or their representative, and other people specified by the board. An independent lawyer may attend to assist all parties and act as a facilitator. The media may not attend.
Note: If you need a language interpreter at an oral hearing, tell the board at least 30 days before the hearing.
Where are oral hearings held?
Most hearings are held in Whitehorse at the board office (401 Strickland Street).
Where can I get more information?
For more information, contact the OH&S branch at (867) 667-5450. They are located at 401 Strickland Street in Whitehorse (Y1A 5N8). You can also contact the board at (867) 667-5645 or 1-800-661-0443 (toll-free).
OH&S Appeals Forms
Yukon Workers' Compensation Health and Safety Board
