View cases - Stewart McKelvey

elevated hydrogen sulfide concentrations were found in the mezzanine and control room areas.Pipefitters working in the mezzanine area and wearing SCBAs noted levels of 410 ppm. Thesewer line was identified as the source of the problem (Ex. 6, Tab 12).[20] Richard Hynes, a WCB occupational health and safety officer inspected the recaust areain May 1993 and made a series of orders (Ex. 7). He ordered that Skeena “take immediate steps”to reduce gas concentrations to permissible levels (Order 3) and implement a continuousmonitoring system for hydrogen sulfide and mercaptan gas levels in the recaust control room(Order 4). He also wrote that Skeena’s emergency evacuation procedures for the recaust controlroom were inadequate and he ordered Skeena to create such procedures for hydrogen sulfide andother air contaminant emergencies (Order 5). Mr. Hynes testified that, at the time of his May1993 inspection, he did not meet Mr. Pannu and did not know about his beard.[21] In response to the WCB orders, in early July 1993, Mr. Vatcher drafted an emergencyevacuation procedure. The procedure required that all personnel evacuate the recaust area in theevent of gas in the control room. The procedure expressly required the Recaust Operator andARO to then put on SCBAs and return to the area to shut down the flames in both kilns, shutdown the feed to the kilns, shut down both slakers, and put the pressure filter on stop mode.They were to test for gases in the control room before the area was cleared.[22] There was conflicting evidence on how long it would take to perform these procedures:Mr. Pannu initially testified that it would take him only 2-3 minutes; he later stated that it wouldtake 5 minutes. When asked, on cross-examination by counsel for the WCB, about thepossibility that a Recaust Operator might have to remain in the gas-contaminated environmentfor 20-30 minutes, Mr. Pannu replied that he didn’t know whether or not that was true. Mr.Hynes’ evidence was that Skeena’s emergency procedure would take at least 15-20 minutes. Iprefer the evidence of Mr. Hynes to that of Mr. Pannu on this point. Mr. Pannu was less certainin his estimate than Mr. Hynes. Based on the evidence I heard about what is actually involved inperforming the required actions, and allowing for the fact that in an emergency people andequipment may work less than perfectly, I find it more likely that the procedure would take wellover 5 minutes. No one suggested that a bite block respirator or any protective equipment otherthan an SCBA would allow a worker to complete these procedures safely.5