Case over chemical exposure at Casement dismissed

A case taken against the State by a former maintenance worker who claims his illnesses were caused by his exposure to chemicals while in the Air Corps has been dismissed on statute of limitations grounds.

The case saw legal representatives acting on behalf of former Air Corps member Ian Coughlan at odds with the State as to when Mr Coughlan was first aware that his medical complaints may have been connected to his exposure to chemicals in Casement Aerodrome, Baldonnel.

Mr Coughlan has suffered or continues to experience skin rashes, sleep disturbance, fatigue, mood changes, occasional bloody diarrhoea, skin and eye discolouration, and short-term memory loss. He began proceedings against the State in 2013.

His personal injury summons against the State alleged 24 instances of negligence and breach of duty. He alleged the Air Corps failed to provide him with a safe system of work, appropriate training for the safe handling of the chemicals he was required to work with, and that proper safety measures to protect him from the ill-effects of the chemicals were not implemented.

Mr Coughlan brought his legal challenge within months of receiving the opinion of toxicopathologist professor Vyvyan Howard, who said he believed his ongoing medical complaints were as a direct result of his exposure to chemicals while working in Casement Aerodrome.

However, the State argued Mr Coughlan’s claim was statute barred as he was aware of a potential connection more than two years before he commenced legal action. It said discussions in medical examinations around Mr Coughlan’s handling of chemicals while he was serving in the Air Corps meant he possessed the requisite knowledge to bring a case between 2007 and 2009 — at least four years before he began legal action.

However, in a sworn affidavit, Mr Coughlan said at no time during that period was he advised his symptoms and illnesses were related to his working environment.

Read full article on Irish Examiner website below…

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Despite Mr. Coughlan having no evidence to bring a case against the state until 2013, Mr Justice Meenan said Mr Coughlan should have brought the case against the State by 2011 at the latest.

Delay – Deny – Die

Air Corps whistleblower’s decision to retire “demonstrates a dysfunction in the complaints process”

The Irish Examiner revealed today that the whistle-blower – one of three who has previously raised concerns about staff’s exposure to chemicals – has announced his decision to retire early.

His decision comes two months after telling Junior Defence Minister Paul Kehoe that he has not received assurances from Defence Forces hierarchy that he is not being targeted for making protected disclosures.

Social Democrats TD Catherine Murphy said a list of deaths compiled by one Air Corps whistle-blower requires explanation.

The list, the existence of which was previously reported in this newspaper, contains the details of more than 70 deaths of former Air Corps staff that the whistle-blower believes may be connected to chemical exposures at the force’s headquarters in Casement Aerodrome.

She described the revelation that a whistle-blower is to retire early as ‘shocking’.

“I’m very concerned about the treatment of whistle-blowers and people making disclosures, as some arms of the public service are not dealing with them as comprehensively or fairly as they should,” Ms Murphy said.

Fianna Fáil Defence spokesman, Jack Chambers, said the whistle-blower’s decision “demonstrates a dysfunction in the complaints process” and will act as a deterrent to anyone else who is thinking about coming forward.

“This is symptomatic of the general malaise that has been allowed to fester within the Defence Forces under the current Minister. Whistle-blowers who feel that their only next option is to retire demonstrates a dysfunction in the complaints process and it certainly doesn’t encourage others who have issues of concern from engaging with the process.”

Air corps whistleblower was ‘isolated, vilified’

An air corps whistle-blower has written to the Defence Forces Chief of Staff to inform him of his decision to retire early over what he has claimed is the authority’s failure to protect him.

The decision comes two months after the whistle-blower wrote to junior defence minister Paul Kehoe complaining of the “unwarranted treatment” he has received since he submitted a protected disclosure on health-and-safety issues.

In this communication with Mr Kehoe, the whistle blower included signed statements from two air corps personnel, the contents of which, he said, were evidence of an attempt by those in authority to “isolate and vilify” him and turn his colleagues against him.

He is one of three whistle blowers to make complaints about the chemical exposure suffered by air corps maintenance staff, the details of which were first revealed by the Irish Examiner two years ago.

The commanding officer further pointed to previous complaints made against him by the whistle-blower, which he said constitutes “a consistent pattern of vindictive and bullying behaviour” against him.

The commanding officer further pointed to previous complaints made against him by the whistle-blower, which he said constitutes “a consistent pattern of vindictive and bullying behaviour” against him.

Read full article on Irish Examiner website below…

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If said commanding officer felt he was targeted by a consistent pattern of vindictive and bullying behaviour by a subordinate the Defence Forces have measures in place to deal with such behaviour through military law.

If the commanding officer didn’t act to use existing disciplinary mechanisms against his subordinate why did he introduce such complaints when he himself was being investigated? 

Delay – Deny – Die

Minster Kehoe ‘satisfied’ with Air Corps audits

The Junior Defence Minister said he is “fully satisfied” the State Claims Agency (SCA) can adequately carry out health audits in the Air Corps despite a separate workplace safety watchdog finding a series of failings at Casement Aerodrome after a decade of annual inspections by the SCA.

Mr Kehoe gave his backing to the SCA after he told the Dáil that the agency “conducted a number of Health and Safety Management System Defence Forces audits within the Air Corps between the years 2006-2015”.

The whistle-blower complaints also prompted an independent review. In his report, the reviewer said “a problem has arisen in relation to the issues raised by the three informants because appropriate records to demonstrate compliance are not readily available”.

The SCA’s audits were not made available to the reviewer, nor was an internal Air Corps report, seen by this newspaper, which raised concerns about staff exposure to the cancer-causing chemical trichloroethylene.

The SCA is currently defending 21 court cases against the Air Corps, including a number from ex-personnel who say their exposure to chemicals at Casement Aerodrome led to serious illnesses.

Mr Kehoe revealed the decade of SCA audits in response to a parliamentary question from Social Democrats TD Catherine Murphy, who was critical of the decision not to release reports.

“Time and time again the minister states that the health and welfare of the Defence Forces personnel is a high priority for him and the military authorities. This may be the case, but the health and welfare of all future recruits and contractors should be too,” Ms Murphy told the Irish Examiner.

“Health and Safety reports should not be shrouded in secrecy. It is an area of expertise of the Health and Safety Authority, perhaps they should really be leading on this, I question whether the State Claims Agency in the past provided an adequate service and applied robust enough tests to the working environment at Baldonnel.”

Read full article on Irish Examiner website below…

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In the interests of transparency, Minister Kehoe should release all the State Claims Agency Health & Safety Management System Audits of Baldonnel with immediate effect.

If the audits were carried out to an adequate standard what has Minister Kehoe got to hide?

Delay – Deny – Die

Irish Air Corps whistle-blower claims death toll from chemical-linked illnesses surpasses 72

A MAN WHO is taking the State to court over his time in the Air Corps believes 72 of his colleagues died prematurely, linking their deaths to alleged chemical exposure at work.

The recent death of a former airman has brought the alleged death toll to 72, according to the whistle-blower.

He also alleges that:

  • 72 verified deaths have occurred in total since 1980
  • 59 of these deaths have occurred since 2000
  • 36 of these deaths have occurred since 2010

The whistle-blower is claiming that the State neglected health and safety rules and exposed himself and his fellow workers to seriously harmful levels of toxic chemicals. This continues to be strongly contested by the State.

The whistle-blowers in this case alleges there was a disregard for the safety of young Air Corps members. According to an online resource created for those who believe they were affected by the chemical exposure, there was:

  • No meaningful chemical risk assessments.
  • No risk specific health surveillance
  • No Personal Protective Equipment (PPE) issued
  • No chemical health and safety training whatsoever
  • No reporting of health and safety incidents
  • No follow up of unusual illnesses by medical personnel
  • Ignoring dangerous air quality reports
  • Personnel doused in toxic chemicals as pranks (hazing) incidents
  • Highly toxic chemicals disposed of onsite in an unsafe manner

Read full article on The Journal website below…

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…

Protest by ex-Air Corps personnel targets Minister Paul Kehoe

A group of former air corps personnel say they will campaign against junior defence minister Paul Kehoe’s re-election in his Wexford constituency in protest at his response to health and safety issues within the force.

The group, Air Corps Chemical Abuse Survivors, picketed outside Mr Kehoe’s constituency office in Enniscorthy, Co Wexford, on Saturday, and have claimed that 19 of their former colleagues have died since whistle-blowers raised concerns three years ago.

Seven former air corps technicians are suing the State, alleging that their exposure to toxic solvents in the course of their duties has caused them to suffer from chronic illnesses including cancer.

“Both the Minister for Defence, Leo Varadkar, and the minister of state with responsibility for defence, Paul Kehoe, have failed to offer medical help to save the lives and ease the suffering of Air Corps Chemical Abuse Survivors and apparently believe the best place to get medical help is via the High Court,” said the protest group in a statement.

“In the meantime the State Claims Agency is doing all in its power to prevent cases of injured Air Corps personnel from reaching court in order to hide their own negligence.”

Air Corps chemicals safety system ‘deficient’

The safety management of chemical hazards within the Air Corps was “significantly less developed than expected” when inspected in 2016, according to an internal report by the health watchdog.

The document is the latest to raise questions about historic conditions within the Air Corps base at Casement Aerodrome, Baldonnel, amid whistle-blower allegations and personal injury claims taken against the State by former personnel who now suffer chronic illnesses.

In late 2015, the Health and Safety Authority (HSA) received complaints by former and serving members of the Air Corps, who had claimed personnel were not being adequately trained or being protected from the effects of the cancer-causing chemicals used to service aircraft.

The HSA inspected the site and then wrote to the Air Corps to threaten legal action against the force unless its recommended improvements were implemented, as previously reported by the Irish Examiner.

These recommendations included providing gloves, eye protection, and respirators to those using toxic chemicals, and the monitoring of personnel’s health.

While the HSA has since closed the case and said the Air Corps has implemented its recommendations, a review of the case, released to this newspaper under the Freedom of Information Act, reveals further criticism of conditions in Baldonnel at the time of the inspection.

“However the safety management system for control of chemical hazards was noted to be significantly less developed than would be expected for an organisation of the size and resources of the Air Corps,” the HSA inspector noted in his review.

Read full article on Irish Examiner website below…

Department of Defence coy on probe of bullying claims

An air corps whistleblower has been told that it is “difficult to envisage” how the Department of Defence would investigate complaints of bullying made in a protected disclosure about chemical exposure within the force.

The protected disclosure, seen by the Irish Examiner, contains allegations that the whistle-blower was doused in chemicals used to service aircraft as an initiation, and was frequently exposed to chemicals without protective equipment as he carried out his duties in the Engine Shop at Casement Aerodrome, Baldonnel.

He alleges that he became ill while still serving in the air corps, but was targeted by superiors for his frequent absences due to sickness.

His complaints match those of a number of other whistleblowers, and the State is currently facing at least seven separate legal actions from former air corps staff who claim they are chronically ill due to their exposure to chemicals at Casement Aerodrome.

A Government-commissioned report by former civil servant Christopher O’Toole into earlier whistleblower disclosures found there was no documentation available to demonstrate that the air corps met its health and safety obligations.

The latest whistleblower called on the Government to launch a fresh review into the complaints about conditions in Casement Aerodrome, and asked that his allegations of bullying be considered as part of this probe.

“My allegations need to be investigated in full as part of a wider investigation into the air corps chemical exposure scandal and the subsequent bullying and mistreatment of personnel injured by the same chemical exposure,” states the whistle blower.

Read full article on Irish Examiner website below…

No response to latest Air Corps whistleblower claim

The Government has not responded to a new protected disclosure on chemical exposures within the Air Corps.

The disclosure was made by a whistleblower, who says he is chronically ill, due to his experiences at Casement Aerodrome, the Irish Examiner can reveal.

The protected disclosure, seen by this newspaper, was submitted to the Department of Defence last December, but the whistleblower has not been contacted since, bar an acknowledgement that his disclosure was received.

In the December 2017 disclosure, the former member of staff echoes previous submissions to the Government. He says he was doused in chemicals by other recruits colleagues, as an initiation, and was frequently exposed to various chemicals as part of his duties in the engine shop at Casement Aerodrome, Baldonnel.

He alleges that he became ill while still serving in the Air Corps, but was bullied and mistreated by superiors for his frequent absences, due to illnesses he believes were caused by his working environment.

Read full article on Irish Examiner website below…