Five years on from protected disclosures Air Corps whistleblowers still ‘waiting for justice’

IT IS NOW five years since former members of the Air Corps submitted protected disclosures detailing allegations that they became unwell due to their exposure to dangerous chemicals at Baldonnel Airfield.

Since then, whistleblower Gavin Tobin and several of his colleagues have been trying to have their full case heard in the courts. Tobin is currently involved in litigation against the State. That remains in the discovery phase as Tobin waits for more files to be handed over.

Last July (2019), a five-panel Supreme Court hearing unanimously found in favour of Tobin, meaning the State must now disclose documents outlining any chemicals that Tobin may have been exposed to while working at the airfield between 1990 and 1999.

Tobin has been continuing to log what he has described as the untimely deaths of his colleagues. Of the 85 deaths he has cited, five relate to the 1980s seven to the 1990s and the rest have taken place since 2000.

Tobin also contacted then-Taoiseach Leo Varadkar in 2017, when Varadkar also held the Defence portfolio. Tobin said: “Subsequent protected disclosures to Varadkar were either ignored or forwarded to then Junior Minister Paul Kehoe.

“Absolutely nothing has been done to provide targeted healthcare for exposed personnel since this date despite damning findings by the HSA which the Department of Defence continue to try to downplay.”

The average age of death of the cases recorded by Tobin stands at 50 years old. Tobin believes the number of deaths from chemical exposure could be as high as 100.

The 2016 HSA report warned the Air Corps it could face prosecution if it did not “comply with advice and relevant legal requirements” about how hazardous substances were managed, among other safety matters.

The HSA’s report stated immediate attention was needed at Baldonnel and that protective equipment must be made available to staff. The necessary equipment should include protective gear for eyes and hands, as well as respirators to protect against inhalation of toxic fumes.

The whistle-blowers in this case alleges there was a disregard for the safety of young Air Corps members. According to an online resource created for those who believe they were affected by the chemical exposure, there was:

  • No meaningful chemical risk assessments.
  • No risk specific health surveillance
  • No Personal Protective Equipment (PPE) issued
  • No chemical health and safety training whatsoever
  • No reporting of health and safety incidents
  • No follow up of unusual illnesses by medical personnel
  • Ignoring dangerous air quality reports
  • Personnel doused in toxic chemicals as pranks (hazing) incidents
  • Highly toxic chemicals disposed of onsite in an unsafe manner

Read full article on The Journal website below…

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To be clear, the original Protected Disclosure made in November 2015 was to make Minister Simon Coveney aware that chemical health & safety at the Irish Air Corps was completely sub standard and an ongoing threat to the health of the men & women who worked there & their families. 

The appalling working conditions that Tobin alleges harmed his health in the 1990s still prevailed in 2015. Since his Protected Disclosure his and other whistle-blower allegations of poor chemical health & safety work practices have been vindicated by both the Health & Safety Authority and the “Independent Third Party Investigator” appointed by Minister Paul Kehoe. 

The priorities of the Air Corps Chemical Abuse Survivors are firstly to prevent further unnecessary loss of life amongst survivors and secondly to improve the quality of life of survivors by reducing unnecessary suffering. Both the Royal Australian Air Force & the Armed forces of the Netherlands have offered templates as to how to approach unfortunate workplace chemical exposure issues with competence, fairness, justice & urgency.

At no point have ACCAS nor any of the whistle-blowers sought any legal intervention into ongoing court cases. 

Delay – Deny – Die

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