Asbestos-related charges laid
Named defendant calls WSCC suit 'frivolous'
Laura Busch
Northern News Services
Published Monday, March 3, 2014
IQALUIT
More trouble has surfaced surrounding the long-delayed renovations to Qikiqtani Regional Hospital when the Workers' Safety and Compensation Commission (WSCC) Jan. 14 laid six charges against the company contracted to remove hazardous materials from the site.
"The six counts allege breaches of the Safety Act, General Safety Regulations and Asbestos Regulations for failing to take all reasonable precautions to ensure the health and safety of persons on a work site," states a Feb. 10 news release from the WSCC.
"The alleged breaches stem from an incident involving asbestos remediation at a work site in Iqaluit."
That work site was the original Baffin Regional Hospital section of the Qikiqtani General Hospital. When the project was first announced in May 2012, it was expected to take 12 to 18 months to complete.
Named in the WSCC's suit is Arctic Environmental Services Ltd. - a company which completed its contracted work at the site at the end of last summer's sea lift season - and its supervisor Robert Valleau. The alleged violations occurred between Jan. 12 and 18, when asbestos-contaminated ceiling tiles were being removed.
When Nunavut News/North reached Valleau by phone at his office in Yellowknife, he said he was confused by the charges because, in his opinion, the work had been carried out safely with no complaints from the workers and the company had invited the WSCC on site to review the work being done at the time.
"We think it's ridiculous but we'll take our lawyer's advice," he said of how he intends to plead in court. "If it's a $10 fine that's one thing but if it's $100,000 fine that's another thing altogether.
"We'll see how frivolous the WSCC can be when there are more important issues, for example the arsenic poisoning at Giant Mine. What is happening there? There should certainly be charges in that case, but will there be? Let's hope so."
At the time in question, workers were taking asbestos-laden tiles out of the ceiling in the old wing as part of an exploratory investigation to determine whether or not the area being renovated shared a connected air space with the rest of the hospital.
"It's a good thing, too, because the airspace was indeed connected and had we not known that. We could have been contaminating the hospital," said Valleau. "Specifically, we would have been contaminating the cafeteria, which is where all the food is prepared. So, we had very clear motivations."
Valleau stands by that decision and said the company conducted four air-monitoring tests and none found that any asbestos had been released into the environment.
"This was a professional decision I made to follow, not the manual that the government puts out, but a logical approach to get the answers needed to proceed safely with the work," he said.
The site itself was fairly contaminated, he said, and workers found asbestos ceiling tiles stacked up in janitorial closets and storage rooms throughout the old wing.
The WSCC declined to comment on the specific case while it is before the courts, but did speak with Nunavut News/North on the hazards of exposing workers to asbestos.
"Asbestos itself is fine as long as it's not disturbed and as long as it's not broken," said Judy Kainz, chief safety officer with the WSCC, adding the product was widely used in construction materials until 1980 to 1985.
"The fine particles that it can break down to can become imbedded in your lungs and can lead to asbestosis."
Asbestosis is a medical condition that causes inflammation of the lungs. Asbestos is now a known carcinogenic that can cause cancers in those who breathe in the small particles.
To keep workers safe from the hazardous material found in many buildings throughout the territory, the WSCC has created asbestos codes of practice requiring all contractors to complete an asbestos survey and submit a plan to the WSCC before work begins.
"It's far better for us to raise questions before any work begins," said Kainz. "Once you've disturbed it you've potentially exposed people."
All contaminated materials were removed from the hospital site last summer and sent in containers to the Montreal harbour, where they still sit awaiting federal approval to be transported to the U.S. for final disposal, said Valleau.
The charges were heard in court for the first time Feb.
17, but the appearance was brief because the defence lawyer had not been given all of the documentation related to the case, said Crown prosecutor Doug Garson. The case was adjourned until March 17, and could take some time before it gets to trial if the two defendants plead not guilty, he said.
As for Valleau, "We'll let it play out until the next phase," he said.
