An ESB worker who claimed he was exposed to asbestos dust at a power station has lost his plea for a High Court order requiring the ESB to issue him with protective clothing and provide test results.
Mr Henry Gallagher, a fitter, of Woodlands, Rathangan, Co Kildare, is one of 22 workers who have instructed a solicitor to issue legal proceedings against the ESB because of its alleged failure to warn them of the dangers of asbestos at the station.
Mr Justice Kearns refused to grant Mr Gallagher an order requiring the ESB to provide him with protective clothing and test results pending the hearing of an action for damages.
The judge said that while he did not have to make a final determination at this stage, it seemed "utterly inappropriate" to make the order sought. It appeared that exhaustive tests had been carried out to show the workers' fears were groundless.
In an affidavit, Mr Gallagher said he had on many occasions been instructed to carry out repairs to "soot-blower pipes" which involved cutting away lagging and insulating material.
He said an employee of a subcontracting firm which came on site to dismantle the pipes became concerned that there might be asbestos present but had been told by an ESB supervisor that there was not.
Mr Gallagher said at no stage before that had he been informed or warned there was asbestos in the workplace. He believed that an ESB production engineer informed the sub-contracting worker not to touch the pipes and that samples of white binding cord had tested positive for asbestos.
In another affidavit, Ms Bernadine Maloney, the power station's production manager, said Mr Gallagher's statements were so inaccurate in most respects as to be misleading. The anxiety which he expressed, and which was likely to lead to wholly unnecessary alarm, was quite unfounded.
In the course of the work referred to by Mr Gallagher, 18 air-monitoring tests and 22 dust samples had been taken and no air-borne fibres had been detected. The results were published in the station or available to Mr Gallagher if he had sought them.
She said it was wrong for Mr Gallagher to say he was unaware of asbestos. He had attended a meeting in August 2000 about the removal of asbestos mill boards and knew of the protective equipment available.