OHSAPO - Frequently Asked Questions
1. When can I file an appeal of an Occupational Health and Safety decision?
It is important to note that in some cases, there are two levels of appeal of an order and/or decision of the Occupational Health and Safety Division. The first level is an appeal of an Officer’s order and/or decision to the Director of Occupational Health and Safety Division (except Discriminatory Action decisions). A decision of the Director can then be appealed to the Occupational Health and Safety Appeal Panel.
In other cases, there is only one level of appeal directly to the Occupational Health and Safety Appeal Panel. This applies to an appeal of an order and/or decision of an Officer relating to a discriminatory action claims only (all other decisions are appealed to the Director, as mentioned in the above paragraph). It also applies to decisions of the OHS Administrator relating to administrative penalties.
You can file an appeal to the Occupational Health and Safety Appeal Panel Office after receipt of a written order and/or decision of the Occupational Health and Safety Division from:
- The Director
- An Officer (Discriminatory action claims only). All other orders and/or decisions of an Officer can be appealed to the Director by filing out an Appeal Form.
- The Administrator (administrative penalties only).
2. How do I start an appeal?
You start your appeal by filling out a Notice of Appeal. It is important that you include all applicable information requested in the Appeal Form.
Appeals can be sent by mail, courier, registered mail, or by hand to:
Occupational Health and Safety Appeal Panel
5151 Terminal Road, 7th floor
P.O. Box 697
Halifax, NS B3J 2T8
Or by Fax to: 902-424-0217
If you are delivering your appeal in person, or using a courier service, then bring/send it to 5151 Terminal Road, 5th Floor, Halifax, Nova Scotia. Your appeal must be received at the Occupational Health and Safety Appeal Panel Office within the 21 calendar day limitation per Question #3 (below).
3. Is there a limitation period for filing an appeal to the Occupational Health and Safety Appeal Panel?
Yes. A Notice of Appeal must be filed with the Occupational Health and Safety Appeal Panel Office within 21 calendar days of the date you either received a: Decision or Order from the OHS Director; or an order or decision from an OHS Officer relating to a discriminatory action claim only (all other Officer decisions are appealed to the OHS Director); or a Notice of Administrative Penalty. THE OCCUPATIONAL HEALTH AND SAFETY APPEAL PANEL CANNOT EXTEND THESE TIME-LINES. APPEALS FILED OUTSIDE THESE TIME-LINES WILL NOT BE CONSIDERED.
4. Can I get an extension of the 21-day time limit to file my appeal?
No. The Occupational Health and Safety Appeal Panel does not have the authority to grant an extension of the 21-day time limit to file an appeal.
5. What happens after I file an appeal?
After you file your appeal with the Occupational Health and Safety Appeal Panel Office, the Executive Officer of the Occupational Health and Safety Appeal Panel office reviews the Appeal to ensure information is complete and that the Appeal is timely. You will receive a letter acknowledging receipt of the Appeal.
6. What is the length of time of the appeal process?
The appeal process can vary greatly in length depending on the particular situation. The process ensures parties have sufficient time to prepare their case, and to respond to the case of the other party. In some instances, further information is required and this takes additional time to gather. The complexity of the appeal may also affect the length of time it takes to finalize your appeal.
7. How can I find out the status of my appeal?
If you wish to find out the status of your appeal, you can phone the Occupational Health and Safety Appeal Panel Office at (902) 424-6730 and ask for this information. The nature of Nova Scotia's privacy laws allows staff of the Occupational Health and Safety Appeal Panel Office to release this information only to you, as the appellant, or to your official representative.
8. How are appeals heard?
With the exception of Administrative Penalty appeals, the Occupational Health and Safety Appeal Panel normally conducts oral hearings. Administrative Penalty appeals are typically heard using a paper hearing process. The Appeal Panel will consider oral hearings in some situations; i.e., where there are credibility issues. In some cases, appeals are heard using a combination of the oral and paper hearing processes. Administrative Penalty appeals are heard by a one-person panel. All other hearings are typically heard by a three-person panel consisting of a Chairperson and two members.
9. What is the difference between oral Hearing and paper Hearing?
In “oral hearings”, parties appear in person before the Occupational Health and Safety Appeal Panel and make oral submissions that are supported by written record and evidence, including witness evidence.
In “paper hearings”, the decision-making process is done by written submissions, evidence, and record with no opportunity for the parties to make oral submissions in person.
10. Where do oral hearings take place?
Oral Hearings are normally held in Halifax at the Occupational Health and Safety Appeal Panel Office located at 5151 Terminal Road, 7th Floor. Appeals originating in Cape Breton are held at various locations in Sydney, Nova Scotia. The Appeal Panel will consider requests to hold oral hearings in other locations throughout Nova Scotia.
11. If I cannot make it to my oral hearing, what should I do?
If you cannot make your hearing, you should inform the Occupational Health and Safety Appeal Panel Office, in writing, as far in advance of the scheduled hearing date as possible (at least 14 days prior to the hearing), stating your reasons for requesting an adjournment, and request that the appeal be re-scheduled. Doing this in a timely manner ensures that no party is negatively affected by the delay.
A Chair of the Occupational Health and Safety Appeal Panel will consider your request for adjournment, the response of the other parties to your request for adjournment, and either grant or refuse your request.
Usually, adjournments of scheduled hearings are only considered when unforeseen circumstances occur, over which you have no control, or that make your attendance impossible or unreasonably difficult. In any other circumstances, you will be required to attend on the date set for hearing to seek an adjournment. Normally, an adjournment is granted only where the Appeal Panel is satisfied that it cannot proceed without denying the principles of natural justice.
If you cannot attend and do not advise us, the hearing may proceed, thereby the outcome of your appeal will be determined by a documentary review of the information available to the Appeal Panel.
12. Will the oral hearing be recorded?
No. Hearings are not recorded. In fact, Appeal Panel Regulations forbid the presence of recording equipment and cameras in the hearing room except with the express permission of the Appeal Panel. See Section 12(4) of the Occupational Health and Safety Appeal Panel Regulations
13. How long does an oral hearing take?
Hearings continue for as long as necessary so that the Appeal Panel may review the evidence. They can last anywhere from 15 minutes to a number of days, but the average hearing is approximately two to three hours long.
14. Can I bring witnesses to the oral hearing?
You may bring witnesses. Prior to the hearing, you must advise the Occupational Health and Safety Appeal Panel Office of the number of witnesses you are planning to call, as well as their names. The panel will decide the status of each person at the time of the hearing.
15. What should I wear to the oral hearing?
Hearings at the Occupational Health and Safety Appeal Panel Office are informal. Therefore, you may wear what you are comfortable in. You do not have to dress up.
16. How can I prepare myself for the oral hearing?
- Be prepared to verbally present your case.
- Ensure you have with you all submissions, evidence, required to present your case.
- Plan to have at least six (6) copies of any submissions: 1 for each Panel member, 1 for the witness stand, 1 for the Director of OH&S, and 1 copy for the opposing party.
- It is strongly recommended that you obtain legal representation. Legal representation must be at your personal expense, as the Department cannot provide it.
- Ensure you have read and understood the Information Sheet on Appeal Panel Procedure.
17. What is the purpose of the agreed statement of facts?
In order to expedite the hearing process, the parties are often required to prepare an 'agreed statement of facts'.
An agreed statement of facts is an agreement, written and signed by the parties, setting out what in fact occurred that gave rise to the Appeal. It is prepared jointly by the parties, with the assistance of the Director of Occupational Health and Safety Division and it is then forwarded to the Appeal Panel at the onset of the hearing. This gives the Appeal Panel an advantage in understanding the facts of the case without having to listen to two or more versions of the incident giving rise to the Appeal. It focuses the issue in dispute at the beginning of the hearing and also prevents the panelists from taking a view of the facts that differs from the party's expectations.
Even if the parties can only agree on some of the facts, the process is expedited and still enhanced. The objective is to ensure that all of the participants, as well as the panelists, know the exact substance of each party's position.
18. What information should the statement of facts include?
The agreed statement of facts should be based on answering as many of the following questions as possible:
- what are the details of the incident appealed ( be brief and accurate);
- when did the incident take place (date, time);
- who all were involved in the incident (name all of the participants or witnesses to the incident);
- where did the incident take place; and
- how did the incident arise.
The statement should be based on as much agreement as the parties are able to come to.
19. What happens after the hearing (oral and paper)?
A written decision will be mailed to all parties (usually within 30 days after the hearing). If the Appeal Panel requires further time in its deliberation, then all parties will be advised of this delay. Once a decision is issued, it will be shared with all the parties in as timely a manner as possible.
20. What if I do not agree with the final decision of my appeal?
A decision of the Occupational Health and Safety Appeal Panel is final and binding on all parties and not open to review except for error of law or jurisdiction. The review of a decision of the Occupational Health and Safety Appeal Panel may be conducted by the Nova Scotia Court of Appeal, but only with leave of that Court.
21. If my appeal is successful, when will I receive compensation?
The Occupational Health and Safety Appeal Panel has no authority to pay benefits under the Occupational Health and Safety Act. That authority rests solely with the Director of the Occupational Health and Safety Division. Once the Occupational Health and Safety Appeal Panel have heard your appeal, it will make a decision about the issue(s) considered at the hearing. If compensation is determined owing, the matter is referred back to the Director of Occupational Health and Safety for collection.
Contact Information
Occupational Health & Safety
Appeal Panel Office
5151 Terminal Road, 7th floor
PO Box 697
Halifax, Nova Scotia B3J 2T8
General Enquiries: 902-424-6730