Month: December 2018

Dáil Éireann Written Answers 18/12/18 – Department of Finance – State Claims Agency Bonus Pay

Catherine Murphy (Kildare North, Social Democrats)

QUESTION NO: 146

To ask the Minister for Finance if staff at the State Claims Agency receive discretionary performance related payments; the amount paid to staff from 2006 to date; if these payments related to particular projects and or audits; and if he will make a statement on the matter. 53022/18

Paschal Donohoe  (Dublin Central, Fine Gael)

When performing its statutory functions regarding claims against the State, the National Treasury Management Agency is known as the State Claims Agency.

The NTMA have informed me that discretionary performance-related payments are intended to reward exceptional performance having regard to the employee’s own performance, the performance of the employee’s area of responsibility, and the overall performance of the NTMA. Performance related payments are made in accordance with parameters approved by the Agency’s non-executive Remuneration Committee.

The NTMA have also informed me that it provides details of performance related payments made each year to all NTMA staff in its annual reports which are available on the NTMAs website through the following link

http://www.ntma.ie/publications

*****

DELAY – DENY – DIE

Never forget the 71+ untimely deaths from Irish Air Corps Toxic Chemical Scandal

Let us not forget the 71+ Irish Air Corps personnel who made the ultimate sacrifice NEEDLESSLY. That’s 71 sons, brothers & fathers who will never be home for Christmas ever again.

Let us think of their families & work to prevent further unnecessary deaths.

Perhaps the Irish Air Corps will work to help survivors in 2019 rather than actively denying appropriate healthcare as they have consistently done to date.

DELAY – DENY – DIE

Dáil Éireann Written Answers 18/12/18 – Irish Air Corps – State Claims Agency Audits

Catherine Murphy (Kildare North, Social Democrats)

QUESTION NO: 119

To ask the Taoiseach and Minister for Defence if the State Claims Agency supplied the Health and Safety Authority with copies of its audits and or reports regarding the Air Corps; and if he will make a statement on the matter. 53026/18

Paul Kehoe (Wexford, Fine Gael)

I have been advised by the State Claims Agency that it does not provide reports of Health and Safety Management System Audits conducted by the Agency in Delegated State Authorities (including the Defence Forces) to the Health and Safety Authority. I am advised that these are provided to the Delegated State Authorities only.

With regard to the Air Corps, the Deputy will be aware that the Health and Safety Authority (HSA), following a number of inspections in 2016, issued a Report of Inspection to the Air Corps on the 21st October 2016, listing a number of matters requiring attention which included the areas of risk assessment.

The Air Corps as a consequence of this HSA report have implemented an improvement plan which is being conducted over eight phases. Seven of the eight phases have now been fully completed. The final phase is a continuous on-going process. The implementation plan focuses on a number of areas, including risk assessment.

I wish to assure the Deputy that the health and welfare of the Defence Forces personnel is a high priority for me and the military authorities.

*****

For 10 years BEFORE the Heath & Safety Authority were forced to investigate the Irish Air Corps, due to the ongoing safety risks to personnel, the State Claims Agency had been carrying out Health & Safety Risk Management System audits at Baldonnel. 

In the eyes of the State Claims Agency the Irish Air Corps risk profile was continuously improving whilst personnel on the ground were still being exposed to toxic & CMR chemicals without appropriate PPE or training causing lifelong injures to themselves and their children. 

It is now obvious that the State Claims Agency audits were incompetent  especially considering it took the Health & Safety Authority 2 years and 9 months to close their investigation file on the Irish Air Corps.

The State Claims Agency audits need to be released to the Oireachtas without delay.

DELAY – DENY – DIE

Dáil Éireann Written Answers 18/12/18 – Irish Air Corps – Legal Cases

Catherine Murphy (Kildare North, Social Democrats)

QUESTION NO: 117

To ask the Taoiseach and Minister for Defence the number of open cases the State Claims Agency is handling in respect of the Air Corps, its staff and former staff; and if he will make a statement on the matter. 53027/18

Paul Kehoe (Wexford, Fine Gael)

I am advised by the State Claims Agency that their reports indicate that currently the Agency is managing 21 active compensation claims in respect of the Air Corps where it is alleged that a staff member is the injured party.

Given that litigation is on-going, the Deputy will appreciate that it would be inappropriate for me to comment further in relation to these claims.

*****

Considering the limited media coverage of this scandal to date, this figure can only be expected to climb as serving & former personnel become aware that their ongoing health issues are likely a result of unprotected toxic chemical exposure whilst serving in the Irish Air Corps.

DELAY – DENY – DIE

Irish Air Corps Health & Safety officer ordered evidence of Carbon Monoxide risks destroyed.

In 1995 the Irish Air Corps commissioned an independent third party organisation to carry out air quality testing in the Engine Repair Flight building. ERF comprised the Engine Overhaul facility, the Non Destructive Testing workshop and the Machine shop. Avionics Squadron was located in the same physical building as the ERF and the open attic spaces meant  chemical vapours & fumes from either unit were free to flow in either direction.

The Avionics / ERF building was also less than 20m downwind from the 3m high Spray Paint Shop exhaust stack which exhausted benzene, hexamethylene diisocyanate, toluene and xylene.

Ambient Air Monitoring for Health & Safety at Work Report from the 2nd of August 1995 found that #Dichloromethane (also known as Methylene chloride) was found in some areas to be 175ppm. At the time The most stringent health and safety limits for #DCM were 50 ppm (TWA for 8 hours) and 126 ppm (STEL for 15 minutes).

Personnel, including other ranks employed in the Formation Safety Office, were never informed of these results. Avionics / ERF personnel were left in situ for a further 12 years before the workshops were finally condemned & demolished and needlessly exposed to #DCM and other chemicals.

Significantly Dichloromethane metabolises as Carbon Monoxide once inhaled but is lethal in many other different ways.  We have at least 10 untimely deaths of men who worked in this building alone, their average age of death was 49.3 years and the youngest was only 32.

*****

So we have one state body warning the general public about the dangers of Carbon Monoxide, while another state body hid evidence of a known carbon monoxide threat from personnel working in a heavily contaminated facility.

Delay – Deny – Die

Dáil Éireann Written Answers 4/12/18 – Department of Defence – Air Corps senior management withheld Trike Report from government appointed investigator

Catherine Murphy (Kildare North, Social Democrats)

QUESTION NO: 108

To ask the Taoiseach and Minister for Defence if a report on the use of Trikelone N in the Air Corps workshop compiled in 2014 by the formation safety office of the Air Corps was made available to the independent person (details supplied) appointed to investigate health and safety matters in the Air Corps; if not, the reason it was not available to them; and if he will make a statement on the matter. [50343/18]

Paul Kehoe (Wexford, Fine Gael)

The report of the independent person appointed to investigate health and safety matters in the Air Corps is published and available on my Department’s website. Appendix C of that report lists documents and materials consulted and reviewed by him.

The document, to which the Deputy refers, is the subject of legal advice and in light of ongoing litigation, I am not in a position to comment further.

*****

Introduction

Trikelone N is a vapor de-greaser which was used as a cleaning agent in the process of cleaning engine parts due to be overhauled. Its use was  discontinued in the Air corps just prior to September 2007.

Work practices

One (1) pair of gloves was available to be used between all personnel who could be required to carryout the process. No personnel P.P.E. issue was made to individuals. MSDS sheets were available but no records of training on the dangers of using Trikelone N or the process or how to properly carryout the process exists. Two large extractor fans were placed on the wall behind where the process took place, but there is no record of the capacity of the fans, their specification or if they were adequate. There was no organised segregation of work areas. The double doors that separated the area where the Degreasing process took place from the adjoining area here normally left open. The personnel’s tea making and meeting room was in an annex off this adjoining Engine assembly area. The workshop heating system was also located in the adjoining Engine assembly area. Originally peoples personnel lockers were located in the immediate area where the Degreasing process took place, but the lockers where relocated into the adjacent Engine assembly area at a later date.

Possible Trikelone N exposure sources

Current Trikelone N MSDS states that exposure through, skin, hair, eyes and inhalation should be avoided and that contaminated clothes should be removed.

  • Trikelone N exposure through inhalation, skin, hair and eyes could have resulted as individuals were not issued P.P.E. to protect against the substance. Due to the lack of records it can not be assumed that the two fans located on the wall behind where the process took place offered adequate ventilation.
  • The lack of organised segregation of work areas where doors between areas were left open meant that vapours could travel from one area to another. No seals or segregation areas existed.
  • Vapours could have travelled to the personnel’s tea making and meeting room which was located in an annex off the adjoining Engine assembly area and could have resulted in ingestion of the chemical by way of food contamination.
  • The location of people’s personnel lockers which were located in the immediate area where the Degreasing process took place, and then relocated into the adjacent Engine assembly area at a later date. Would give a reasonable assertion that the contamination of persons clothes contained in their lockers would have taken place.
  •  The heater located in the Engine assembly area took air in just above floor level and pushed out hot air above head height circulating the air around the Engine assembly area. When the doors between the Engine assembly area and the area in which the De-greasing took place were left open, the air would be circulated between both areas. Due to the Trikelone N being heavier than air a high concentration of Trikelone N would have been located near the heaters inlet vents.
  •  The heater was adapted by Cpl. XXXXX so that the air being heated would be circulated into various other areas in the building including the Machine Workshop, NTD bay and Workshop offices by way of ventilation duct which could have exposed a risk of contamination of the air in those locations that might not have occurred previously. There is no record available if this work was approved, who authorised it, or was the design appropriate.
  • Due to the fact that Trikelone N expands when heated, the risk of explosion
    increased when the Trikelone N contaminated air passed through the  heater.
  • Poor hygiene controls before food consumption and going to the toilet would also be a cause of exposure.

Controls

The following controls are currently recommended when using Trikelone N.

  • Isolating controls should be put in place to limit exposure.
  • Adequate ventilation and extraction should be in place.
  • Do not use in a confined space as vapour is heavier than air.
  • Appropriate P.P.E to be provided including overalls, boots, chemical eye protection, impervious gloves and organic vapour respirator.
  • Wash hands before smoking, eating, drinking or using the toilet.
  • Contaminated clothes to be washed.

The Defence Forces Safety Standards 1991 which were a precursor to the Defence Forces Safety Statement is the closest thing I could find regarding some form of documented control standard in the Defence Forces. The Safety, Health and Welfare at Work Act 1989 would have been in affect, but the Safety, Health and Welfare at Work (Chemical Agent) Regulations 2001 would have only been in affect for a short period of the exposure. The Defence Forces Safety Standards 1, Control of Substances Hazardous to Health (COSHH) covers…

Section 1 Information Sources
  • MSDS sheets should be given by suppliers of Chemicals to the Defence
    Forces.
Section 3 Principles of Assessment
  • Obtaining and Passing on knowledge about a Chemical
  • Assessment of Hazards posed by its use, byproducts, storage and disposal.
  • Control of the Chemical using Engineering techniques, safe operating procedures and Personal Protective Equipment (PPE)
  • Monitoring the Effectiveness of the Control strategy.
Section 4 Control

Documents how controls are to be put in place using a hierarchy of Controls
not unlike what is currently used.

  • Elimination
  •  Substitution
  • Enclosure
  • Isolation
  • Local exhaust ventilation and reduced time exposure
  • Dilution ventilation
  • Use of PPE
  • Personnel hygiene and washing facilities
  • Training

Summary

As time, processes and technology has changed It is clear that the appropriate controls that would be the standard today were not in place at the time of the process taking place and that potential exposure risks were prevalent. The question posed should be was everything reasonably practicable done to ensure personals safety and health at the time.

On that note did the controls deemed reasonable at the time mirror those deemed reasonable in the present. Can the Defence Forces be found not to have done everything reasonably practicable?

DELAY – DENY – DIE

Dáil Éireann Written Answers 27/11/18 – Department of Defence – Air Corps Risk Assessments

Catherine Murphy (Kildare North, Social Democrats)

QUESTION NO: 109

To ask the Taoiseach and Minister for Defence if the Air Corps conducts mandatory risk assessments in the context of handling, using and storing dangerous and-or toxic chemicals; the date on which risk assessments in this regard became mandatory; and if he will make a statement on the matter. [49522/18]

Paul Kehoe (Wexford, Fine Gael)

I am advised by the military authorities that if an activity involving the use of chemicals is conducted then this activity will be risk-assessed in accordance with the relevant Health and Safety legislation. The risk assessment will outline the necessary control measures in the handling, use and storage of such chemicals or toxins.

Following three inspections at Casement Aerodrome, Baldonnel during 2016, the Health and Safety Authority issued a Report of Inspection to the Air Corps on 21 October, 2016. This report listed a number of advisory items for follow up, including the areas of risk assessments and safety statements.

The resultant Air Corps improvement plan confirmed the Air Corps’ full commitment to implementing improved safety measures that protect workers and ensure risks are as low as reasonably practicable. The plan was implemented over eight phases, seven of which the military authorities have advised are now complete, while phase eight – Chemical awareness training and respiratory equipment training – is a continuous, ongoing process.

I wish to assure the Deputy that the health and welfare of the men and women of the Defence Forces is a key priority for me and the military authorities.

*****

Minister Kehoe’s repeated assurances that the Health & Welfare of the men and women of the Defence Forces is a key priority for him and the military authorities ring utterly hollow.

Neither Minister Kehoe nor the military authorities have taken any steps to ascertain if prolonged & unprotected toxic chemical exposure has caused harm to currently serving personnel. They would sooner personnel suffer and die needlessly rather than address the problem. 

There has been no medical investigation, there has been no toxicological investigation. Minister Kehoe’s actions to date show he does not give a damn about the health & welfare of exposed Air Corps personnel. 

DELAY – DENY – DIE

Whistle blower who raised concerns over alleged chemical exposures seeks Air Corps inquiry

A whistleblower who has raised concerns over alleged chemical exposures in the Air Corps says the force used five of the same chemicals at the centre of a cancer scandal involving tech giants Samsung.

The whistleblower has compiled a list of 70 deaths of former Air Corps staff that he believes should prompt an investigation into chemical exposures at the force’s headquarters in Casement Aerodrome.

South Korean company Samsung last week apologised for the sickness and deaths suffered by some of its workers after they were linked to chemical exposures in its facilities. Dozens of employees have experienced grave illnesses such as leukaemia and brain tumours.

Samsung and a group representing ailing workers agreed compensation terms after a highly publicised standoff that had been ongoing for more than a decade. The president of its device solutions division said the company failed to “sufficiently manage health threats” at its plants

SHARPS (Supporters for the Health And Rights of People in the Semiconductor industry) is a group campaigning on behalf of those who worked in Samsung facilities and subsequently suffered illnesses.

Its website has listed case studies and chemicals used by Samsung, including trichloroethylene, a known carcinogenic used by the Irish Air Corps until 2007.

This newspaper has previously revealed the details of an internal Air Corps memo that said it is possible staff may have ingested Triklone N, a vapour degreaser that contains trichloroethylene,  over a 27-year-period.

The memo said staff could have suffered other exposures because there was no record that protective measures were in place to mitigate the impact of the toxic solvent.

The summary of an internal Air Corps report, compiled in 2014, asks: “Can the Defence Forces be found not to have done everything reasonably practicable?”

Read full article on Irish Examiner website below…

Delay – Deny – Die