Firm had no work site plan

By Steve MacInnis, Cape Breton Post, March 4, 1999
While a controversial Sydney remediation project lacked a fully developed health and safety plan, the health of workers on site was not compromised. A Department of Labour investigation report obtained Wednesday by the Cape Breton Post cites several areas where the project fell short in meeting the standards of a proper health and safety plan.

“Throughout the report, there were elements identified which required attention to provide an improved or more effective health and safety program,” concluded the report’s authors, Milton Cooke and Dave MacLean.

They noted the development, implementation and management of such a plan should have begun with a written hazard assessment report prior to the start of the project.

The $7.7 million clean up was operated by PLI Environmental Ltd., of Sydney, which secured an untendered contract supported by both the federal and provincial governments.

The project employed just over 150 workers and work began in July, 1997, concluding in September, 1998. The remediation focused on facilities located at the north and south ends of the Sydney Steel complex and included the demolition of several buildings – eight blast furnace stoves, two piers and two blast furnaces.

This latest report is the second investigation by the department after receiving complaints from workers on site. The first report concluded there was no evidence to support the workers claims.

Report satisfies labour minister

By Steve MacInnis and Peter Cotter, Cape Breton Post
Labour Minister Russell MacKinnon said Wednesday he’s satisfied a department report covered all bases in investigating a Sydney remediation project.

“I’m satisfied the report dealt with everything and hopefully this will show workers there are no reprisals for reporting their concerns,” he said.

The report dealt with how PLI Environmental of Sydney operated a clean up on the north and south ends of the Sydney Steel complex. The work concluded last September. Two department investigators concluded PLI failed to meet the standard when it came to developing and implementing a health and safety plan on site.

The report also cleared the company of a number of other allegations levelled by workers. “We are doing everything we possibly can do to ensure work sites are safe,” said MacKinnon, adding the report was free from political interference.

But while MacKinnon is pleased with the report, the reaction of his colleagues and one of the most vocal of the workers who filed the complaints is not as happy.

“I think the inspectors’ hands were tied. The Environment Act wasn’t followed to the letter where asbestos is concerned, that’s my major concern. And the fact there was no development and implementation of a health and safety program when the clean-up project started, said worker Donnie Gauthier.

Health plan lax during PLI cleanup: report

By Tera Camus / Cape Breton Bureau-Halifax Herald, March 4, 1999
Sydney - The provincial Labour Department says PLI Environmental did a lot of things wrong when it conducted its multimillion-dollar cleanup at Sydney Steel last year.

But no corrective orders will be issued as a result of the department's 23-week probe into 19 complaints of unsafe work practices, says a Labour report released Wednesday.

"Normally we would issue an order to correct a problem, but there's no work going on there at this particular time," James LeBlanc, executive director of Occupational Health and Safety for the province, said of the report's conclusions.

"(But) if they are going to start again, there are some things they need to do differently."

For one thing, the company needs a better health and safety plan, the report says.

PLI Environmental received an untendered $7.7-million government contract in August 1997 to remove most of the dilapidated structures at the north end of the steel plant.

The project was supposed to give laid-off steelworkers two years of work. Instead, it ended abruptly last September when the company said it had run out of money.

The Labour Department's probe began two weeks before the company shut down. A dozen laid-off employees at PLI had come forward with safety concerns and 124 photos of alleged irregularities.

The investigation was the second that summer. The first had cleared PLI of any wrongdoing.

The report released Wednesday says if the company resumes work on the site, it should:

- properly identify hazards;
- have better work procedures to control the hazards;
- have more trained supervisors;
- assess the skills of workers who perform various tasks;
- provide training to ensure skills exist; and
- have better communication to ensure each person is aware of labour regulations, procedures to follow and dangers.

The report's recommendations follow an investigation into complaints including improper handling of asbestos, burning of copper wire on-site, lack of proper protective gear, lack of drinking water, lack of fall protection, and exposure to PCBs.

The report dismissed many of the 19 claims due to lack of evidence.

Former worker Donnie Gauthier wasn't impressed with the report.

"The company was lucky to get good workers and they should have relied a lot more on the knowledge that these people had and listened to their concerns.

"But desperate people, desperate measures, desperate times, people have to basically take what's shoved at them."

The report also said a health and safety plan should have been in place before work began at the Sysco site.

The report also found that Dick Dearing, the regional manager for the Labour Department, had not violated the department's conflict of interest guidelines. Mr. Dearing is a friend of Joe Parsons, a co-owner at PLI. The workers had felt their complaints to Mr. Dearing had fallen on deaf ears.

The report also says workers who handled asbestos wore their protective suits in the lunch room. But the practice "stopped in January 1998."

The practice of burning copper wire in open barrels was also a clear violation, the report says.

Mr. LeBlanc said if PLI were operating on-site today, corrective orders would be issued.

"There were issues that the report identified ... (that) there was a shortcoming in meeting the minimum standards that the regulation sets up," Mr. LeBlanc said. "We would have corrected it."

If PLI Environmental is awarded a second phase, it will be watched to ensure it plays by the rules, he said.

PLI co-owner Jim Inch said the report is fair.

"We're happy the way it went. It showed that we were doing the best we could where we were, and we're happy with the outcome."

Mr. Inch said PLI will work within Labor Department guidelines on future projects.

"Every time we do something, we will work that way, just as the way we have in the past, and just continue on that way."

Meanwhile, Labour Minister Russell MacKinnon, who last year jumped the gun on his department's first report and deemed the site safe, said the investigation taught everyone a few lessons.

"We've all become more sensitized and we've learned from this process. It's unfortunate we had to do a subsequent investigation because some people had some concerns about reprisal or ... that their complaints weren't being heard."

Mr. MacKinnon said workers should have come forward.

"There are mechanisms in place to protect individuals, and I think they may not have had the confidence level or trust there before, but they may have it now.

"Justifiably so, because the people of Nova Scotia lost confidence in the process, and it's our duty and obligation and responsibility to win that confidence back."

As for his perceived interference, he said he's learned, too. "Hindsight is always 20-20," Mr. MacKinnon said. "Some of the more local issues, I think they've been answered. ... It's not just for PLI, for government inspectors or for employees in any such site like this. Everybody can learn across Nova Scotia. It's positive.

"I did everything I could to ensure the independence of this process."
Report Flawed on Asbestos - worker
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