View cases - Stewart McKelvey

5b. that he relayed Muggah’s advice to McNeil that employees should be notified;that the ceilings would have to be sealed at their perimeter to prevent vermiculitefrom entering into the units’ living space; and that the attic hatches should belocked to limit access;c. that McNeil advised him that he (McNeil) would contact Cyril Leudey(Department of Community Services) and would advise the employees; andd. that McNeil advised him that he (Della Valle) should also provide ToddRoutledge with a copy of the Report. (Routledge is another maintenancesupervisor responsible for housing units in another district of Sydney that areidentical in design and structure to the units supervised by McNeil).5. On or about October 26, 2005, Della Valle hand-delivered a copy of the Report toRoutledge and relayed to him Muggah’s advice regarding notification of the employees,sealing the perimeter of the ceilings and locking the attic hatches.6. Despite his role as Health and Safety Coordinator, Della Valle did not report thesefindings to the CBIHA Director who was his supervisor. He also failed to advise anyother management personnel, the employees, contractor employees or the JointOccupational Health and Safety Committee (JOHSC). In addition, he did not follow upto determine if the measures recommended by Mr. Muggah were actually beingimplemented by Darrell McNeil and Todd Routledge.7. Routledge and McNeil, having been duly informed of the asbestos risk, failed to advisetheir direct supervisor(s), members of the JOHSC, CBIHA employees or contractoremployees, that a sample of vermiculite insulation taken from an attic in a housing unitcontained asbestos. Neither of them took steps to ensure that the measuresrecommended by Muggah were implemented.8. Darrell McNeil did contact Cyril Leudey, Coordinator Project Management, Departmentof Community Services, regarding this issue.9. McNeil asserted that in contacting Cyril Leudey he had fulfilled his obligation under theOccupational Health and Safety Act. He indicated that he did not take any furtheraction as he was awaiting directions from Leudey in that regard. However, in hisstatement, Leudey noted the following:a. that there is no direct reporting relationship between himself and McNeil;b. that his role was to provide technical advice to McNeil which he did;c. that nothing was said or done that would cause McNeil to believe he shouldawait further directions before taking the recommended measures to deal with thevermiculite;d. that McNeil would not require his approval prior to taking such measures; and