BY KEITH LACEY
A trial into the death of a veteran Inco worker three years ago heard the victim was wearing a defective breathing apparatus while working around highly-toxic and potentially lethal nickel carbonyl.
David Yarwood, an expert on self-contained breathing apparatus, said testing conducted on the respirator and face mask worn by Brian Laughlin confirmed the equipment was not working properly.
Inco and supervisor Ted Callaghan are both on trial on charges under the Occupational Health and Safety Act in relation to Laughlin?s death.
Laughlin was a reactor/operator at the nickel refinery who was called to work overtime March 19, 2002. He was asked to drain high-pressure storage tanks inside the huge refinery complex.
Inco is charged under the Ontario Occupational Health and Safety Act with failing to properly maintain a respirator used by Laughlin; failing to provide proper information and supervision; failing to ensure a pail of water needed for the draining procedure was properly placed; and failing to meet measures for the breathing apparatus Laughlin was using.
Callaghan is charged with failing as a supervisor to take reasonable precautions of providing information, instruction and supervision to Laughlin.
Much of the evidence at the trial, which is now into its second week, has focused on suggestions Laughlin lifted his face mask and twice wiped his nose during his shift, which may have exposed him to a dangerously high level of nickel carbonyl.
Ministry of Labour lawyer Paul Slansky called Yarwood Tuesday to testify Laughlin was wearing a defective breathing apparatus on the day in
question.
The breathing apparatus and mask appeared to be in good working order, but ?the flow test simulating pure breathing air failed,? Yarwood testified.
A brand new breathing apparatus was also tested for comparison purposes and confirmed Laughlin?s apparatus was not distributing air properly, said Yarwood.
The air flow tests confirmed the user of this breathing apparatus could be exposed to contaminants because of the defect, he said.
?If it was used in a highly contaminated area, you could ingest the contaminant,? said Yarwood.
Philip Soulliere, a team leader at the nickel refinery who knew Laughlin for 25 years, testified everyone in the plant knew the dangers of nickel
carbonyl.
He detailed the long list of procedures in place to ensure workers are not exposed to the toxic gas or liquid and procedures in place to ensure a worker who is exposed can take immediate measures to ensure their safety.
The dangers of nickel carbonyl ?are hammered home daily? by supervisors and fellow workers, said Soulliere.
All workers know there is an ?antidote? that can be used to eliminate any dangers if a worker is exposed to nickel carbonyl gas or liquid, he said.
There are monitors throughout the plant to detect nickel carbonyl and carbon monoxide. Loud bells and whistles are sounded if there is any
significant leak, he said.
If any worker believes they have been exposed to nickel carbonyl, they know they can provide a urine sample on-site, which quickly detects any exposure, he said.
Doctors and nurses also visit the plant to give presentations, he said.
In his opinion, Laughlin knew all of the procedures relating to nickel carbonyl and always worked safely in the many years he worked with him, said Soulliere.
If evidence is produced Laughlin lifted the face mask from his breathing apparatus and twice wiped his nose, Soulliere said he would be very surprised to hear that.
?It goes against your own protection and all of our training,? he said.
If operators worked in pairs, voiced any concerns about potential exposure, used a breathing apparatus with a properly fitted mask and wore gloves at all times, there would be no danger, said Soulliere.
The trial will resume today and continue Thursday and for at least two more days next week.
Sudbury lawyer Robert Topp is representing Callaghan. Justice William Fitzgerald is the presiding judge.
