What is this section about?
This section describes the process to resolve disputes arising out of decisions by the Trucking Safety Council regarding the administration of the Certificate of Recognition program and all other Council programs.
- All decisions by the Trucking Safety Council which affect participants in the Certificate of Recognition program and other Council programs may be disputed.
- Disputes must be initiated, and follow the processes defined by this policy.
- A decision by the Trucking Safety Council with regard to the Certificate of Recognition program which affects a participant in the program may be disputed. In practice, such a participant may be an organization, an agent of an organization, an external auditor, or a contractor of the council. Examples of decisions which may be disputed might include those arising out of the training and education of COR participants, the auditing of candidate organizations, the actions of an auditor, or the recommendation that an organization receive or not receive a Certificate of Recognition.
- A decision by the Trucking Safety Council which affects a participant in all other Council activity may also be disputed. In practice, such a participant may be an organization, an agent of an organization, or a contractor of the Council. An example of a decision which may be disputed may include those arising out of the training and education of participants.
- A dispute may be resolved by the reversal of the decision under dispute, the dismissal of the dispute, or a by a course of action which addresses the issue under dispute.
- A dispute may only be initiated by the person or organization affected by the decision.
- A dispute must be initiated within thirty days of the decision date, or the date that the person or organization affected by the decision became aware of the decision.
Initiating a Dispute
- A dispute regarding a decision of the Trucking Safety Council must be initiated in writing to the Council.
- To be considered, the written notice of dispute must clearly describe:
- The person or organization initiating the dispute.
- The decision under dispute.
- The issue under dispute.
- The disputant’s position on the issue with any relevant facts.
- The remedy sought by the disputant.
Management Committee of the Trucking Safety Council
- A dispute regarding a decision of the Trucking Safety Council will be forwarded to the Trucking Safety Council’s Management Committee by the Executive Director.
Initial Response to a Dispute
- Within 30 days of the Council receiving the written dispute the decision maker will provide a written response to the disputant.
Second Response to a Dispute
- If the disputant is not satisfied with the first response to the dispute they may, within 30 days, submit a written request for a review of the decision and the response to the Executive Director who will present this to the Management Committee.
- Upon receiving the request, the Committee will review the complaint with the option to retain legal counsel and/or include WorkSafeBC with any related costs to be shared equally by the Council and the disputant.
- The Committee may choose to render a response based upon the written evidence and submissions provided, or may meet with the disputant, Council staff, or other persons who have an interest in the dispute.
- The disputant is expected to co-operate with the Committee. Failure to co- operate may be considered grounds to dismiss the dispute.
- Within 90 days of receiving the request for review the Committee will provide a written response to the disputant.
- The written response of the Council is final and is not subject to further review by the council or committee.
- The resolution of any dispute will be governed by the written policies of the Trucking Safety Council, any relevant public policy, and by the principles of natural justice.
Date: March 4, 2016
Last Reviewed January 11, 2018