The relatives of a Nova Scotia worker who died after inhaling a chemical that caused his suffocation say the fine levied against his employer is just a ‘’slap on the hand” for a giant drug manufacturer Sepracor Canada, and they are very disappointed.
A plea deal between the Crown and Sepracor last week led to the dropping of four of five charges under the province’s Occupational Health and Safety Act in the death of worker Ronald Daigle. The remaining charge, failing to provide venting for a worker who died in a workplace accident, to which Sepracor pleaded guilty, resulted in a fine of $45,000.
The incident in question occurred on October 7, 2008 at the Sepracor factory in Windsor. Daigle was at his workstation, handling the chemical trimethylsilyl diazomethane, a chemical with highly toxic fumes. Due to workplace renovations occurring at the time, the venting hood that was usually in place to suck away such fumes was inoperable. The company had apparently notified employees the vent hood wasn’t working, and they made a list of procedures workers should avoid that day. But there was no notice to employees to avoid working with the chemical and its toxic fumes, and they provided no individual breathing apparatus.
That night, after being exposed to the chemical for an extended time without proper ventilation, Daigle felt ill and began coughing up blood. Within 18 hours of his initial exposure to the chemical, he was in intensive care in a Halifax hospital. According to experts, the fumes of trimethylsilyl diazomethane actually destroy the lungs by filling them with so much fluid that air can’t get into them, which causes the exposed victim to actually smother.
Even though the company had provided no alternative to the venting hood, the court agreed with the Crown and Sepracor’s joint recommendation to dismiss charges that the firm failed to ensure adequate personal protection equipment and that the employee was instructed in the safe use of the chemical. Two other charges – failing to instruct an employee in safe use of a substance in the company’s lab and failing to ensure that no person would disturb the scene of an accident — were also dismissed.
Not only was Daigle’s family upset at what it considered to be the light fine, but the Labour Department investigator who looked into the incident suggested that the fine could have been larger, given that the maximum fine for a failure to provide venting was $250,000 at the time of the incident.
After this incident, the information sheets describing trimethylsilyl diazomethane in Canada have been changed to indicate that its fumes can severely damage lungs.