An Inco supervisor testified Thursday that if employees at the Copper Cliff nickel refinery used ?four simple steps,? they would eliminate all potential hazards relating to potentially lethal nickel carbonyl.
Inco Ltd. supervisor Ken Thompson, during a second day of testimony, testified Brian Laughlin, 50, and every employee who worked at the nickel refinery knew the potential lethal consequences of being exposed to nickel carbonyl.
Both Inco and supervisor Ted Callaghan, the veteran member of Greater Sudbury city council, are on trial on charges relating to the death of Laughlin, who died March 25, 2002, six days after it?s believed he was exposed to nickel carbonyl.
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.
It?s alleged Laughlin died six days after being exposed to nickel carbonyl gas.
Thompson testified while other methods can be used in refining nickel, nickel carbonyl is the preferred choice because it produces a much higher quality nickel powder.
Every employee hired is trained to know how toxic and dangerous nickel carbonyl can be if exposed to it, said Thompson.
On the day in question, Laughlin was using a breathing apparatus complete with a full mask, a torch, a bucket and water. The plant also has several monitors to detect any leak of nickel carbonyl inside the plant.
Laughlin was opening a flange (a valve-like device) as part of the drainage process when it?s believed he was exposed to nickel carbonyl. He was supposed to place the bucket and water under the flange, but it wouldn?t fit, so a plastic bag was used to catch droplets of liquid nickel carbonyl.
It?s alleged the mask he was wearing did not fit properly and there was vapour in the air supply.
Under cross-examination by Inco lawyer Doug Hamilton, Thompson testified that if workers followed four simple rules, they would face no danger, despite the inherent threat caused by being around nickel carbonyl.
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 time, there would be no danger, said Thompson.
?If all four were done, operators would be safe,? he testified.
Laughlin had drained the same storage tanks using the same techniques a month before this incident without incident, said Thompson.
He also said Laughlin had 28 years of experience at the nickel refinery and knew all of the dangers and that any significant exposure could be dangerous and potentially lethal. Laughlin was a terrific worker with a great track record in safety.
?Brian was always safety conscious, not only for himself, but for others,? he said. ?He knew all the procedures and safety about opening flanges and wearing proper equipment.?
Workers were told repeatedly at safety meetings that if they had any problems with their breathing apparatus or their masks, to report their concerns and get another piece of proper equipment, said Thompson.
When Ministry of Labour lawyer Paul Slansky suggested Inco would be responsible for negligence if it didn?t properly train Laughlin or his partner on all relevant procedures involved in draining the storage tanks, Thompson agreed it would be.
However, it was his opinion, Laughlin and his partner knew how dangerous exposure to nickel carbonyl was and would not have endangered themselves by not following protocol.
When Slansky suggested another witness will testify Laughlin lifted his mask and wiped his nose on at least two occasions during the process, Thompson said if that?s true Laughlin should never have done that as the potential for nickel carbonyl to come in close contact with his face was too strong.
The trial will resume next Tuesday and is expected to take up another three or four days of court time.
Sudbury lawyer Robert Topp is representing Callaghan. Justice William Fitzgerald is the presiding judge.
