BY KEITH LACEY
An Inco worker safety representative testified the mask he believes was worn by a man who died from exposure to a highly lethal toxic substance was defective and hadn?t been tested in almost two years.
Brian Laughlin, 50, died six days after being exposed to highly lethal nickel carbonyl, which can be used as a gas or liquid, while working overtime during a shutdown to repair a pipeline at Inco?s Copper Cliff Nickel Refinery three years ago.
Several witnesses have testified they saw Laughlin repeatedly lift his mask and wipe his nose during the procedure.
Inco and supervisor Ted Callaghan are on trial on charges under the Occupational Health and Safety Act.
The trial resumed Wednesday after a delay of several weeks and continued Thursday and today.
Two more days of trial time have been set aside in late May and the trial won?t wrap up until early November.
Peter Saal testified the mask he believed was used by Laughlin was defective and failed every safety test.
Under cross-examination by Inco lawyer Doug Hamilton, Saal said he couldn?t prove the mask tested was the one worn by Laughlin the day he was exposed or previously.
Laughlin died after being exposed to the deadly liquid on March 19, 2002.
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.
Saal testified he and another safety representative involved in the investigation retrieved the mask they believe was worn by Laughlin from a
supervisor?s desk.
The mask was locked inside a filing cabinet inside a plastic bag, he said.
He and a partner, who was an expert on testing self-contained breathing apparatus (SCBA), tested the mask?s face seal, air flow and valves and discovered it failed all tests, said Saal.
?The exhaust valve was sticking and the air flow wasn?t working...and the seal around the mask also failed,? he said.
When asked if the mask was fit for use, Saal replied ?absolutely not.?
Testing on each SCBA mask is supposed to be conducted once a year, but this mask hadn?t been tested in almost two years, he said.
Saal admitted under cross-examination a record book detailing who uses what mask at the nickel refinery did not clearly identify Laughlin as being
the owner and regular user of the defective mask.
