View cases - Stewart McKelvey

6e. that it was not his responsibility to ensure that CBIHA Health and Safety issueswere addressed.10. On several occasions Todd Marsman, the employee who initially reported the concern toMcNeil, inquired as to the status of the sample. McNeil responded with various differentcomments to the effect that the sample results had not been received. However, McNeilhad the sample results since October 26, 2005. Despite Marsman’s repeated inquires,McNeil never disclosed the sample results to him. Marsman did not find out until April2006 when the matter became pubic.11. On several occasions, Tom Ellsworth also asked McNeil about the results ofthe sample taken by Marsman. He also was never informed about the results of theanalysis.12. On Jan. 13, 2006, outside contractor Michael Gillis (Amblynn Electric) was advised byone of his employees, Allan MacEachern, that the Ashby Terraces might containasbestos. On this same date, Michael Gillis sent an e-mail to both Routledge andMcNeil, asking them to verify if this was true. A couple of days later, McNeil contactedGillis and advised him that a sample had been sent away and nothing had come backyet, and the sample was lost and that he didn’t know if another would be taken. Again, itis clear that McNeil had known of the test results since October 26, 2005.13. Gillis persisted in his inquiries and on March 31 st , 2006, he was provided with a copyof the analysis Atlantic Indoor Air Audit Co. Report by Todd Routledge who informedhim that he had just found it on his desk.14. Gillis stated that between Oct. 2005 and Mar. 31, 2006, he definitely hademployees working in CBIHA attics that had asbestos-containing vermiculiteinsulation.15. On April 3, 2006, the Occupational Health & Safety Division of the Department ofEnvironment & Labour was contacted by Gillis reporting that his employees had beenexposed to asbestos in various public housing units in the Sydney area managed by theCape Breton Island Housing Authority (CBIHA). He reported that after repeatedrequests he was provided with a Report that confirmed the presence of asbestos. Theinvestigation determined that both CBIHA and contracted employees worked in atticareas of provincial public housing units between Oct. 2005 and the time of Gillis’ reportto the Occupational Health and Safety Division on April 3, 2006. This was determinedby examining work orders for affected properties during this time period. The number ofwork orders generated for these properties number 515 and are as follows:a)...Ashby Terraces...227 work orders dispatchedb)...Pier Terraces.......161 work orders dispatchedc)...250 James Street....27 work orders dispatchedd)...350 Terrace Street. 78 work orders dispatched