Health and Safety Times Issue 19 2007

A Force to be Reckoned With

The Defence Forces (DF) has become the first State organisation to have its safety management systems validated in an audit carried out by the State Claims Agency (SCA). The independent audit, which was carried out throughout 2006, is based on best practice standards such as OHSAS 18001, HS(G)65, AIRMIC and AS/NZS 4360:24.

Certificates of compliance were awarded on 27th February (2007), verifying that proper health and safety management structures are in place throughout the Defence Forces.

“The audit involved an examination of the safety management systems in Defence Forces headquarters, each of the six Defence Forces formations of East, West, South, the Defence Forces Training Centre (Curragh Camp), the Naval Service and Air Corps and in 16 units selected by the auditors from throughout the Defence Forces,” explained Comdt Bob Corbet, staff officer, health and safety.

This was the first time that DF safety systems had been audited. Over the last few years, the Forces had put in place various initiatives to improve its safety management systems and it was felt that these would satisfy the SCA requirements. “Firstly, we computerised our accident and incident reporting and administrative systems and that facilitated the gathering of accident and incident information, which in turn facilitated accident investigation,” explained Corbet. “We wanted to be in a position to comply with the 2005 legislation before it actually came into force.

The collapse of a technician in 2015 while preparing a Pilatus for the 1916 centenary commemoration fly-past and the subsequent chemical induced pneumonia caused to an NCO who came to the technician’s aid was the trigger for a complaint to the Health & Safety Authority. Neither injuries in this  incident were reported to the HSA as mandated by law. So much for the computerisation of accident and incident reporting.

AUDIT PROCESS

Once all these systems were in place, the State Claims Agency began its audit, which took almost a year. Pat Kirwan, head of risk and operations with the SCA, was one of the auditors, along with Gemma D’Arcy, lead risk manager. The State Claims Agency was established under the National Treasury Management Agency (Amendment) Act 2000. “Our remit includes the provision of risk management advices to the State authorities in order to prevent claims against the State,” explained Kirwan.

“With larger State authorities like the Defence Forces, An Garda Síochána, the Dept of Agriculture and the Irish Prison Service, we establish Risk Management Liaison Groups, so we can work in conjunction and consultation with them on risk management issues. We’ve a very claims focused view.”

When the SCA began its audit of the Defence Forces, it looked at the main issues which it felt could lead to large numbers of claims. “We then looked at the management process within the Defence Forces because, in order to have advices and recommendations adopted and effect real change, the systems for managing change and managing risk also had to be examined,” Kirwan continued.

According to Kirwan, the Defence Forces lead the way in health and safety risk management. “We see risk management systems accreditations as the way forward; it’s very much in keeping with the requirements of the 2005 Act and good risk management and claims management practice,” he said. “The SCA audit system is based on the OHSAS 18001, HS(G)65, AIRMIC and AS/NZS 4360:24 systems and has similar criteria. We’re experts in  these areas and we can say to the Defence Forces, as an independent body, that we feel that its systems meet best practice standards. The audit is a way of driving improvement, getting people interested and awarding achievement as well.”

It should be noted that personnel in the Risk Management Section of the State Claims Agency were eligible for  performance related gratuities aka “bonus pay” for improvements in the risk profile of organisations under their remit. Improvements that were so extensive Irish Air Corps personnel were still collapsing from lack of PPE a decade into State Claims Agency oversight.

Seán Sherlock (Cork East, Labour)
141. To ask the Minister for Finance if personnel employed by the State Claims Agency branch of the National Treasury Management Agency are eligible for bonus payments; and if so, the way in which these bonuses are structured and attained. [51615/17]

Paschal Donohoe (Dublin Central, Fine Gael)
The National Treasury Management Agency (NTMA) has informed me that it operates a discretionary performance-related payments scheme for eligible employees, which includes staff assigned to the State Claims Agency. The scheme rewards exceptional performance having regard to the employee’s own performance, the performance of the employee’s area of responsibility and the overall performance of the NTMA. Performance-related payments are made in accordance with parameters approved by the Agency’s non-executive Remuneration Committee. The overall amount of performance related payments made in respect of any year is also subject to the approval of the Remuneration Committee.

https://www.oireachtas.ie/en/debates/question/2017-12-05/141/#pq_141

The audit took the best part of a year because the SCA auditors had to sample the Forces’ key functions that impact on health and safety such as training, operations, procurement, engineering, buildings and the input of senior officers. The SCA audited the safety function in all the formations within the Forces, including the three army brigades, the Defence Forces Training Centre (Curragh), the Air Corps, the Naval Service and the Defence Forces’ Headquarters. “We then sampled at least two but usually three units on the ground within each of the formations, so a total of 16 units were audited,” explained Kirwan.

The audit examined safety policy and documentation; training; objective setting and planning; methods of monitoring and checking on progress; and methodologies for audit and review of systems. Essentially, it validated that the Defence Forces has in place the necessary systems to ensure continuous improvement in occupational health and safety standards.

The Defence Forces got the results of the audit just before Christmas, which was a relief to Corbet as he was due to leave for a six-month tour of duty to Kosovo in early April. “It was great to know the outcome before I headed off,” he said. “The criteria are quite strict and it was very satisfying to have our risk management systems recognised and accredited. There was quite a bit of work involved in it and it took a lot of commitment, and it was a lot of work for the auditors, too. We really appreciated their feedback”

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
149. To ask the Taoiseach and Minister for Defence the person or body that chose the installation location of the recently installed outdoor gymnasium at Casement Aerodrome, Baldonnel, County Dublin. [43855/20]

150. To ask the Taoiseach and Minister for Defence the way in which the Air Corps formation safety office allowed a leisure facility such as the new outdoor gymnasium at Casement Aerodrome, Baldonnel, County Dublin, to be installed 15 m to 20 m from the low level exhaust stack of the Air Corps spray paint facility; if the exhaust stack routinely emits chemicals that are carcinogenic, mutagenic or toxic to reproduction; and if he has full confidence in the current Air Corps chemicals health and safety regime. [43856/20]

151. To ask the Taoiseach and Minister for Defence the cost of the new outdoor gym; the cost of installation; and the potential cost of relocating it to a safer alternative location at Casement Aerodrome, Baldonnel, County Dublin. [43857/20]

Simon Coveney (Cork South Central, Fine Gael)
I propose to take Questions Nos. 149 to 151, inclusive, together.

The Deputy will be aware that three protected disclosures were received in late 2015 and January 2016 in relation to the Air Corps. Legal advice was sought and an independent reviewer was appointed. The Reviewer’s independent report considered the Defence Forces health and safety regime, its current policy and its application. Although the report found that the Defence Forces regime appears to be capable of meeting statutory requirements, it makes a number of observations; including in relation to documentation, health surveillance, and exposure monitoring. It also notes that the Health and Safety Authority (HSA) is the appropriate statutory body to deal with such allegations. The report of the independent reviewer was provided to the individuals who made the protected disclosures and it was also published on the Department of Defence website.

In parallel to the independent review, following an inspection in 2016 by the HSA, the Air Corps had continued to work with the HSA to improve its health and safety regime. The HSA has formally noted the considerable progress made to-date by the Defence Forces towards implementation of a safety management system for the control of hazardous substances. The HSA has now closed its investigation. However, it must be noted that in the Air Corps health and safety is a matter of ongoing monitoring, supervision and adjustment.

I am advised by my military authorities that the facility referred to by the Deputy is in fact an outdoor training area as distinct from an outdoor Gym. This equipment was installed at a cost of €21,918 including the necessary site works. I am further advised that the Defence Forces do not plan to relocate the equipment elsewhere as they are not aware of any safety concerns pertaining to the current location.

The SCA will return to the Defence Forces this year (2007) to carry out a maintenance audit. This time, the auditors will examine a smaller sample of functions but will look at some in more detail.

“We got nothing but the utmost cooperation from DF personnel over the course of the audit. They’ve taken a very pro-active approach,” said Pat  Kirwan. “After dealing with the Defence Forces for a period of time, we recognised that it was at the stage where, with a certain amount of work, it would very quickly meet the best practice international standards. When the Defence Forces sets about doing something, it tends to be done correctly,” he concluded.

This post is based upon an article written by Mary Anne Kenny and was published in  Health & Safety Times issue 19 of 2007. A PDF of the complete article may be downloaded here.

To recap a quick timeline of the Irish Air Corps toxic chemical exposure tragedy and the State Claims Agency’s involvement.

• August 1995 – Irish Air Corps receive report of an “Ambient Air Monitoring for Health & Safety at Work” commissioned by Capt. (now Lt. Col.) John Maloney. The independent report found that airborne levels of dichloromethane were detected at levels of 175ppm when the safe level was 50ppm. No action was taken to remedy this danger and personnel were not informed of the adverse test outcome.
• January 1997 – Irish Air Corps receive a further report “Monitoring Air Contaminants in Work Shops” which was commissioned by Lt. (now Comdt.) Colin Roche. This testing was carried out by state body Forbairt. This report also found numerous health & safety shortcomings and recommended personnel be issued with adequate PPE and provided with chemical handling training. The Irish Air Corps finally said they would comply with this by December 2017 after HSA instructed them to do so a mere 20 years later. Hundreds were unnecessarily exposed in the intervening two decades.
• 2006 – The State Claims Agency commenced continuous Health & Safety auditing of the Irish Air Corps
• February 2007 – The State Claims Agency validated the Defence Forces Safety Management Systems to be in accordance with best practice standards such as OHSAS 18001, HS(G)65, AIRMIC and AS/NZS 4360:24. Certificates of compliance were awarded verifying that proper health and safety management structures are in place throughout the Defence Forces.
• January 2014 – Legal cases commence against the Irish Air Corps alleging injuries caused by unprotected chemical exposure.
• February 2014 – Irish Air Corps conduct their own internal retrospective investigation into ERF facility. Also shortly after the first legal case commenced State Claims Agency officials met with former ERF personnel at the Apprentice Hostel Auditorium at Casement Aerodrome. At this meeting the State Claims Agency discovered that the lack of risk assessments, lack of PPE and lack of chemical handling training was a LIVE issue and not a legacy issue as previously believed. At this point the State Claims Agency had the opportunity to alert the HSA to these failing and have ongoing needless exposure stopped. However, for reasons unknown, the State Claims Agency chose not to intervene to stop ongoing exposure. Not their job apparently.
• November 2015  – Two technicians are injured by an unprotected exposure to n-hexane solvent while installing smoke generators into a Pilatus PC9m. This incident was not notified to the HSA as they are legally obliged.
• November 2015 – PDFORRA National Health & Safety officer wrote to the DF SO Health & Safety Re: Concerns about the provision of adequate health surveillance for members in the Irish Air Corps
• December 2015 – Serving & former Irish Air Corps personnel made complaints to the HSA as well as Protected Disclosures to Minister for Defence, Simon Coveney alleging wholesale breaches of the 1989 & 2005 Health & Safety at Work Acts. Breaches alleged included lack of chemical risk assessments, lack of job specific health surveillance, lack of PPE, lack of chemical handling training, lack of reporting of incidents, lack of reporting of spillages, disposal of toxic chemicals by dumping in the ground and pouring down sinks etc.
• January 2016 – Health & Safety Authority commenced an investigation into the Irish Air Corps at Casement Aerodrome, Baldonnel.
• June 2016 – The Head of Department, Dept of Mechanical Aeronautical and Biomedical Engineering in the University of Limerick was alerted to the fact that scores of UL students seconded to Casement Aerodrome on work experience were likely exposed to a dangerous working environment. The response was “Please do not contact me or my office again”.
• October 2016 – Another protected Disclosure was made to Chief of Staff Vice Admiral Mark Mellett alleging that a highly dangerous chemical, Ardrox 666, which contained dichloromethane, sodium chromate & cresylic acid had been dumped in the ground for years where Main Technical Stores was subsequently built. The Chief of Staff was also alerted to health problems suffered by personnel of MTS (& their children) that could possibly be linked to exposure. No action was taken on foot of this Protected Disclosure.
• October 2016 – Health & Safety Authority issue report of their investigation of the Irish Air Corps and brought to their attention safety, health & welfare matters that they asked receive the Irish Air Corps “immediate attention”. The HSA warned the Irish Air Corps that if their advice was not heeded they could face further enforcement action including prosecution.
• September 2017 – Health & Safety Authority write to Irish Air Corps recognising the high level of co-operation “and to acknowledge the considerable progress made towards the implementation of a safety management system for the control of hazardous substances that meets commendable standards”.
• January 2018 – Protected disclosure made to Junior Minister for Defence Paul Kehoe listing 56 verified untimely deaths of serving & former Air Corps personnel who had died at or before age 66. This list excluded those who died from accidents or murder.
• September 2018 – Health & Safety Authority “close the file” on Irish Air Corps opened three years earlier in December 2015.

Initial letter from Health & Safety authority to Irish Air Corps may be downloaded here. The Safety Data Sheet for Ardrox 666 may be downloaded here.

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Hopefully the above article provides readers a good overview of the involvement of the State Claims Agency in the auditing of Irish Air Corps Health & Safety.

The lead case in legal actions against the state was commenced in January 2014 and after judgements in the High Court, the Court of Appeal and a five judge sitting of the Supreme Court the case is now in its 8th year of legal discovery.

In the case of Gavin Tobin versus the Minister for Defence, Ireland and the Attorney General the Judgment of Mr. Justice Clarke, Chief Justice, delivered the 15th July, 2019 can be read here