Category Archives: Hazmat

British Columbia appeal court overturns decision on asbestos contractor

The British Columbia Court of Appeal recently threw out last year’s decision by the provincial Supreme Court rejecting a WorkSafeBC order against an asbestos-removal contractor.

On Feb. 26, Judge George Macintosh of the B.C. Supreme Court ruled that Seattle Environmental Ltd. had not violated a 2012 order to comply with the province’s Workers Compensation Act and Occupational Health and Safety Regulation. The judge stated that the order had been too complex and vague for the company to follow and that WorkSafeBC had not set it out “in unambiguous terms” (COHSN, March 1).

But WorkSafeBC appealed the decision, and on Jan. 13 of this year, Justice John Savage of the Court of Appeal in Vancouver wrote in a unanimous court decision that the order’s terms “are not ambiguous or insufficiently clear so as to be incapable of supporting a finding of contempt, given the nature of the statutory regime for workplace safety and the procedural history.”

The case’s origins go back to July 31, 2012, when WorkSafeBC filed a petition for orders restraining Seattle from exposing people to asbestos. The province’s occupational health and safety authority cited 17 incidents in which the company had allegedly violated the Act and Regulation, while noting that it had issued 244 orders to it, according to Judge Savage’s written decision.

“The respondents,” Judge Savage wrote, “are in the asbestos-abatement business.  Asbestos has been determined to be a dangerous carcinogenic substance that requires special detection, handling and abatement techniques. As a result, these businesses are highly regulated under British Columbia workplace safety legislation.”

The judge noted that while the Act and Regulation may be complex pieces of legislation, this does not excuse people in a highly regulated profession like asbestos removal from following them.

Requiring familiarity and understanding of statutory and regulatory requirements for workplace safety from voluntary industry participants is not an impermissibly onerous requirement,” wrote Judge Savage. “This is especially so, given the nature of the business in this case.”

The decision received praise from the B.C. Federation of Labour (BCFED) and the B.C. Insulators Union. In a Jan. 29 news release, BCFED president Irene Lanzinger said that she was “comforted that the Court of Appeal reinforced employers’ responsibility to abide by health and safety laws.”

But Lanzinger cautioned that the provincial Liberal government was still not doing enough to protect workers and that its asbestos-removal laws were inadequate.

“They failed to act on practical solutions that unions proposed to protect the well-being of workers in the asbestos-abatement industry,” she said. “Workplace protections are weak and not always rigorously enforced.

“Under the B.C. Liberals, workers are only an afterthought in our ‘workers’’ compensation system.”

Seattle Environmental faces $355,000 in fines for oh&s violations, according to BCFED.

“Filmmaker” who interviewed anti-asbestos activists may have been corporate spy

A British man who claimed to be a documentary filmmaker and spoke with a number of anti-asbestos advocates in Canada last year is now accused of working as a corporate agent, paid to infiltrate the anti-asbestos movement.

The story came to light earlier in January, when a publication ban was lifted on the man’s name, Robert Moore, regarding his involvement in a civil case before the High Court of Justice in the United Kingdom. Moore and a company called K2 Intelligence Limited allegedly infiltrated a worldwide anti-asbestos network to gather information on behalf of an unknown public-relations firm that had contracted them, according to court witness statements obtained by COHSN.

Among the individuals that Moore interviewed was Laura Lozanski, an occupational health and safety officer with the Canadian Association of University Teachers (CAUT). Based in Ottawa, Lozanski is an activist who has taught asbestos-awareness courses at the local Workers Health & Safety Centre.

“He said he was a documentary filmmaker, he was really interested in doing asbestos filmmaking,” Lozanski told COHSN, “regarding especially children that were involved in having to be part of any processing or manufacturing asbestos products.” Moore was planning to interview other anti-asbestos advocates, and Lozanski referred him to other contacts, she said, adding that he seemed very credible at the time.

“He actually worked for a reputable documentary company that did some stuff for National Geographic,” she explained. “He had done the work so that if you tried to look him up, he was who he said he was, at least on the surface.”

Lozanski allowed Moore to interview her in her office in September, but she did not feel afterwards that she and her associates had given him any potentially harmful information.

“We’re a very transparent group of people,” she said. “We were just talking about what we do, which, everybody knows what we do – we’ve been lobbying the government, and holding conferences, and talking about the medical fallout from developing asbestos-related diseases, and trying to get people compensated.”

Just before the Christmas holidays, Lozanski found out about the court case in the U.K., but still did not know that Moore was involved, due to the publication ban. She knew that Laurie Kazan Allen, the founder of the International Ban Asbestos Secretariat, had filed a claim along with two other people, alleging breach of confidence and misuse of private information.

“When I first came back to work, the first week of January,” said Lozanski, “the ban got lifted, and lo and behold, it was this person that had been sitting in my office.”

What concerns Lozanski and her fellow activists now is that corporate spies may be infiltrating anti-asbestos communities elsewhere.

“It wasn’t just here in Canada, it was in a number of countries,” she said, referring to Moore’s alleged activities. “We do have a number of activists in other countries, particularly in Asia and south Asia, who might be quite vulnerable to whatever it is that might be going on behind the scenes.”

Lozanski could not say for sure why Moore and K2 had gone to so much trouble to try to subvert the anti-asbestos movement. “We’re just speculating right now, because we don’t know, and of course, these are all allegations,” she said. “There’s money to be lost, for sure, so is that what’s driving it?”

Lozanski began working for CAUT in 2003 and became involved in the anti-asbestos movement as the issue became a large focus of her job. “The universities are full of asbestos,” she noted.

“We just want to see that it gets banned from being mined, produced and manufactured. And so we’ve been working towards that for the last decade, been quite successful in getting almost 50 countries now, Canada included, in agreeing to either full bans or partial bans and looking for safer substitutes.”

Asbestos exposure leads to $50,000 fine for regional municipality

KITCHENER, Ont. – A provincial court has sentenced the Regional Municipality of Waterloo, Ont. to pay a $50,000 fine, plus the standard victim fine surcharge, after eight of the Municipality’s employees were exposed to asbestos for 25 days during a construction project more than a year ago. The workers were removing and replacing equipment in a well house at the Waterloo water-pumping station from Oct. 2 to 27, 2015, according to a court bulletin from the Ontario Ministry of Labour (MOL). Over the course of the project, the employees drilled into the interior concrete block walls of the building, which caused asbestos-containing vermiculite to spill out of the holes. At first, the workers were not wearing proper personal protective equipment during the exposure and did not treat the vermiculite as containing asbestos, the MOL stated. The Regional Municipality later pleaded guilty in the Ontario Court of Justice in Kitchener to failing to provide required information about materials containing asbestos to workers, and Justice of the Peace Michael A. Cuthbertson imposed the fine on Jan. 13 of this year.

B.C. ferry union calls for increased removal of vessels with asbestos

As ferries dating as far back as the 1960s continue to run in British Columbia, the union representing the province’s marine employees is working to persuade B.C. Ferries to speed up the total abatement of older vessels containing asbestos.

Graeme Johnston, president of the B.C. Ferry and Marine Workers’ Union (BCFMWU), appeared at a Canadian Labour Congress news conference in Nanaimo on Dec. 7 and gave a speech asking the federal government for a full asbestos ban. He highlighted the risk that the carcinogenic mineral poses to marine workers, including those on ferries.

“Many vessels operated by B.C. Ferries still contain significant amounts of asbestos,” Johnston told COHSN. “While full abatement on a working fleet is incredibly difficult because asbestos is literally interwoven into the fabric of many of the vessels, abatement to greatest extent possible in high-risk areas is not only reasonable, but appropriate, given the deadly effects of asbestos exposure.”

The BCFMWU plans to submit a proposal for more comprehensive abatement of asbestos in these work environments, he added, including quicker retirement of hazardous ferries from the provincial fleet.

“We will continue to work with B.C. Ferries towards an asbestos-free workplace,” said Johnston. “Our main goal is to ensure our members will not be exposed to any asbestos spills while at work.”

David Fagen, the executive director of safety and health with B.C. Ferries, said that the organization was already working hard to retire and replace older vessels, while training employees to avoid contamination.

“In the past five years, we’ve done over $4.5 million worth of abatement,” said Fagen. “Part of our new vessel strategy includes vessels that currently have asbestos in them being removed from service.”

In addition, B.C. Ferries has a committee devoted to addressing asbestos issues. “We have revamped training, and we’re working with the union to try and figure out what areas they have highest concerns about, and when we have opportunities to work on that, we do.”

Fagen explained that it is not feasible to keep older ferries in service by removing the asbestos from them, since the mineral is encapsulated securely within the vessels. Removing the asbestos could create unnecessary hazards for the workers involved, so it is more practical and realistic to replace older ferries over time, he said.

“Since 2007, we’ve brought eight new vessels into service,” said Deborah Marshall, B.C. Ferries’ executive director of public affairs and corporate development. “Next year, we’ll have three brand-new vessels.” One of the new ferries is expected to be delivered during the first week of January, while the other two should be in service by the summer, she added.

In his Nanaimo speech, Johnston pointed out that avoiding asbestos while working on a ferry or ship is sometimes impossible.

“Moreover, when work with asbestos-containing material is necessary and limited abatement is done, the risks associated with that abatement recur each additional time such work is needed. Consequently, the risks associated with doing limited abatements only grow,” he said on Dec. 7.

“This raises a very salient question: Why do we not simply do wholesale abatement in our worksites once?”

While employers usually believe that complete asbestos abatement is too expensive and risky, Johnston added, the BCFMWU feels that it is more risky not to remove the mineral. “And we are the ones who have to work in asbestos-containing worksites every day.”

But Fagen maintained that B.C. Ferries was doing what it reasonably could.

“We have all the proper procedures in place to manage asbestos, in accordance with WorkSafeBC policies and procedures,” he said. “All our employees are at as low a risk as we can possibly make it.”

Saskatoon-based NDP MP Sheri Benson introduced a private member’s bill proposing to stop all importing, exporting and manufacturing of asbestos, Bill C-321, in the fall (COHSN, Nov. 22). The bill became law on Dec. 14.

Government turns to public for input on dangerous goods

FEDERAL – Transport Canada (TC) has launched a website seeking feedback from shippers, inspectors, manufacturers and other interested individuals about updating the federal Transportation of Dangerous Goods Regulations. Announced in a TC news release on Dec. 6, LetsTalkTransportation.ca invites input from industry stakeholders, academics and others on how to improve training in working with dangerous goods and responding to railway incidents until Feb. 28. Also encouraged to provide feedback are First Nations groups and provincial, territorial and municipal government representatives. “My personal commitment… is to advance public safety through an enhanced rail safety program and an invigorated transportation-of-dangerous-goods program. This means ensuring those who work with dangerous goods regularly, and those who must respond if something should go wrong, receive the most comprehensive training possible,” Transport Minister Marc Garneau said in a media statement. “I hope that Canadians from communities across the country take part in the discussion on the website.” Garneau plans to attend the inaugural meeting of the Steering Committee on First Responder Training – a group of stakeholders that aims to help develop a national flammable-liquids curriculum for first responders – on Dec. 14, TC stated.

Asbestos awareness campaign targets homeowners in B.C.

RICHMOND, B.C. – WorkSafeBC has launched a new awareness campaign on the dangers of asbestos, aimed at the province’s homeowners, in order to protect workers who could be doing renovations or demolition. A press release that WorkSafeBC sent out on Nov. 22 stated that the campaign will run on radio, television and social media, as well as in print, until early in 2017. The organization recently conducted a survey of more than 800 adults across British Columbia and found that the public had gaps in asbestos knowledge that could put renovation workers at risk; for example, 49 per cent of respondents did not believe that homeowners were responsible for asbestos testing before renovations, 32 per cent were unaware that they should look for asbestos before renovating homes built before 1990 and only nine per cent knew that asbestos-related disease was the province’s top occupational killer. “Asbestos kills,” said Al Johnson, WorkSafeBC’s vice president of prevention field services, in a media statement. “Workers and even family members can potentially be put at risk. Renovations and demolitions of older properties continue at a very high rate, and homeowners need to be informed about the dangerous nature of asbestos.” From 2006 to 2015, 584 workers lost their lives to asbestos-related illness in B.C., the release noted.

New bill would ban all asbestos manufacturing in Canada

FEDERAL – A private member’s bill that aims to stop all importing, exporting and manufacturing of asbestos is receiving public support from the Canadian Labour Congress (CLC) and the Public Service Alliance of Canada (PSAC). Sheri Benson, the NDP MP for Saskatoon West, introduced the proposed asbestos ban in the House of Commons on Nov. 16. Bill C-321, or An Act to amend the Canadian Environmental Protection Act, 1999 (prohibition of asbestos), would “prohibit the manufacture, use, sale, offer for sale or import of certain toxic substances that cause significant danger to the environment or to human life or health.” CLC president Hassan Yussuff praised the move, claiming that a comprehensive asbestos ban would save lives. “This is about making public spaces and workplaces safer for all Canadians, and there is no need to delay any longer,” Yussuff said in a press statement. PSAC national president Robyn Benson said in her own statement that the bill was a crucial first step to banning the mineral completely. “Members of Parliament now have an opportunity to stop the epidemic that is killing Canadians by supporting this legislation,” she added. About 2,000 Canadians die from asbestos-related diseases every year, according to the CLC.

Asbestos discovery leads to closure of school

GATINEAU, Que. – A primary school has been evacuated and closed for the time being, following the discovery of asbestos in the building on Nov. 10. A press release from La Commission scolaire des Portages-de-l’Outaouais (CSPO), the local school board, stated that the management and staff of l’École primaire Saint-Paul had directed everyone inside the school to move to the nearby Eugène-Sauvageau community centre immediately after the discovery. La Commission des normes, de l’équité, de la santé et de la sécurité du travail, Quebec’s occupational health and safety authority, ordered the school to have the asbestos encapsulated, and a firm is conducting air-quality tests inside the school during its closure, the release noted. “Beyond our educational mission, the safety of children and our staff is very important,” CSPO general director Jean-Claude Bouchard said in a media statement. “In this situation, it is important for the school board to hear the concerns of our staff and parents, and that is why we have reacted promptly.” The CSPO will update staff, students and parents about the situation on Nov. 14.

Carbon-monoxide leak sends four airport employees to hospital

Four workers at St. John’s International Airport in St. John’s, N.L. were taken to a hospital on Oct. 26, after being exposed to carbon monoxide (CO) in a terminal building. The leak was the second such incident in the building in less than a week.

A media statement from the St. John’s International Airport Authority (SJIAA) confirmed that both incidents had occurred in a non-public area in the east end of the building, where construction was taking place.

The first CO leak happened on Oct. 21 and was reported to the SJIAA on the following day. After the second incident on the 26th, occupational health and safety representatives from Employment and Social Development Canada (ESDC) issued a stop-work order regarding all construction activities using gas-powered vehicles and equipment.

“This stop-work order will continue until the incident is further investigated to confirm cause,” the SJIAA said.

Local media reports have stated that the employees who were sent to the hospital were security staff, but the SJIAA did not confirm this.

Following the initial leak, the SJIAA installed additional gas-monitoring systems, sampled the air quality with continual spot checks and inspected the building’s air-handling units. Following the second incident, the air quality in the area was tested again, “with minimal-to-zero carbon-monoxide readings detected,” the statement read.

“The Airport Authority is fully committed to identifying and eliminating the sources that may have contributed to these incidents,” the SJIAA continued. “All construction contractors are engaged in the investigation process and are identifying and putting in place mitigation measures to prevent such incidents from occurring.”

ESDC media spokesperson Amélie Caron confirmed to COHSN that the federal labour ministry is investigating the incidents. The SJIAA stated that it was cooperating fully with the investigation.

While Service N.L. investigates most oh&s incidents that occur in Newfoundland and Labrador, the St. John’s airport falls under the jurisdiction of the federal government, as do all airports in Canada, according to Section 2(e) of the Canada Labour Code.

“The Airport Authority will continue to diligently monitor and conduct air-quality surveys regularly,” said the SJIAA, “with the assistance of an industrial hygienist, and ensure all contributing factors have been mitigated.”

CO is a colourless, odourless and highly flammable gas that can be fatal if a worker inhales it. According to the Canadian Centre of Occupational Health and Safety (CCOHS) in Hamilton, Ont., CO is also capable of damaging blood, causing frostbite and harming unborn children.

CCOHS advises immediate evacuation of any area where CO has been accidentally released, among other tips for workers on its website. “Keep out unnecessary and unprotected personnel,” it adds. “Use personal protective equipment as required. Eliminate all ignition sources. Use grounded, explosion-proof equipment. Vapour or gas may accumulate in hazardous amounts in low-lying areas especially inside confined spaces, if ventilation is not sufficient.”

Regarding containment and cleanup, employees should ventilate the contaminated area, especially confined spaces, to keep the CO from accumulating. “Stop or reduce leak if safe to do so,” CCOHS says. “Knock down gas with fog or fine water spray. Dike and recover contaminated water for appropriate disposal.

Nova Scotia invests into safety equipment for first responders

HALIFAX, N.S. – The government of Nova Scotia is investing close to $1 million, through its Emergency Services Provider Fund (ESPF), to provide more equipment to keep first responders in the province safe on the job. Premier Stephen McNeil announced on Oct. 28 that $957,644 would go towards personal protective equipment, self-contained breathing apparatuses and rescue tools, according to a news release from the Premier’s office. Organizations such as fire departments, search-and-rescue teams, hazardous-materials workers and other emergency professionals and volunteers can receive up to half of their eligible costs to a maximum of $20,000. “When Nova Scotians need help, our first responders, many of whom are volunteers, answer the call,” McNeil said in a media statement. “This funding will help firefighters, hazardous-materials teams and ground search-and-rescue volunteers stay safe while they help others.” The Nova Scotia Office of the Fire Marshal administers the ESPF, according to information from the government’s website.