a man who claims he was exposed to asbestos dust for years while working in the basement of Leinster House is "intensely angry" about the way he was treated by his employers, the Office of Public Works, the High Court has heard. Mr Stephen Fletcher (54), Maplewood Road, Tallaght, Dublin, was exposed to asbestos dust at a time when it was "beyond question" the State and his employers knew it was a dangerous substance, Mr Michael Hanna SC said. Mr Hanna was opening an action for damages against the Commissioners of Public Works.
Mr Fletcher claims that while removing lagging from pipes in the basement of Leinster House between 1986 and 1990, he was exposed to large quantities of asbestos. He claims the commissioners failed to provide him with a safe place of work or proper protective clothing and masks and failed to warn him of the presence of asbestos and the dangers of it.
The commissioners deny the claims and deny Mr Fletcher was exposed to any or any large quantities of asbestos. It further pleads the case is statute barred.
Mr Hanna said Mr Fletcher, who went to work for the CPW in 1977, had worked in the basement as a labourer from about 1985, assisting fitters and plumbers.
Mr Hanna contended the authorities in the 1980s were fully aware of asbestos and brought in an expert firm to remove it. Mr Fletcher and his colleagues, who had received no warnings about asbestos and no advice about handling it, had "looked on bemused" as these people in white space-suits and wearing breathing apparatus removed this potentially lethal substance.
It was not until 1997 that employees were invited to a seminar where the dangers of asbestos were outlined, Mr Hanna said. It was no surprise Mr Fletcher was intensely angry about the way he was treated.
It was known for most of the 20th century that asbestos, when reduced to dust, was particularly dangerous. While the Republic lagged behind Britain and Northern Ireland in bringing in laws to address the situation, the Factories Act 1955 indicated an awareness the substance was dangerous as did other regulations introduced in 1967.
In a similar action, an expert witness called for the State had admitted it was fully aware of the dangers of asbestos by the 1970s, Mr Hanna added. An EC directive regarding protection of workers was not acted on until 1989 and regulations regarding asbestos were introduced in 1995. His case was this was far too much of a delay.
The hearing before Mr Justice O'Neill continues today.