Record Number: 1705

FATALITY REPORT



REPORT CHARACTERISTICS:

DONOR: Office of the Chief Coroner
JURISDICTION: Ontario
REPORT TITLE: Verdict of Coroner's Jury
INDIVIDUAL PRESIDING: Dr. Robert N. Green, Coroner
PLACE OF INQUIRY: London
DATE OF INQUIRY : 1985-11-08

INFORMATION ABOUT DECEASED:

NAME: Leonard Thistle
OCCUPATION: Maintenance
INDUSTRIAL SECTOR: Service Station

ACCIDENT INFORMATION:

DATE OF ACCIDENT : 1985-09-14
PLACE OF ACCIDENT: Unavailable
BRIEF CAUSE OF DEATH: Complications from extensive body burns.
BRIEF MANNER OF DEATH: Gasoline fume ignition fire occurring in a confined
space, fuel storage tank.
ACCIDENT DESCRIPTION:
The inquest is concerned with the death of Leonard Thistle which
occurred in the critical care unit of Victoria Hospital on the 23rd of
September 1985. This death was a result of extensive body burns
received in a flammable fuel ignition fire in a gasoline storage tank on
14 September 1985. The deceased was a trained worker in a high risk
industrial repair occupation, servicing and refitting gasoline storage
tanks. The high risk of explosion and fire in this occupation has led
to statutory regulation of safety procedures to be followed by workers
in this field.

Evidence heard at the inquest was summarized by the presiding coroner as
follows:

A worker with Heath Engineering, testified that he was assisting Leonard
Thistle in the cleaing out of a fuel storage tank. He stated that he
had no formal training or instruction in these cleaning procedures in
the five weeks he had been doing this job. He described the procedure
of digging down to underground tanks, cutting an opening in the steel
top with a water cooled, air driven drill and jig saw, after evacuating
the tank of fuel and fumes. He explained that an aluminum ladder was
inserted and cleaning of the tank was done by scrubbing and scooping out
petroleum sludge with an aluminum shovel into a plastic bucket and the
bucket lifted up through the opening.

He described the clothing and lighting used on the job. He described
pulling up a five gallon bucket of sludge which caught fire when passing
close to a very hot lamp, being used to illuminate the tank. A fire
spread within the tank and he lowered down the ladder; Thistle climbed
out of the tank with his clothing on fire. A fire extinguisher was
brought from the gas station to assist in dousing the fire in Thistle's
clothing. On reflection about this incident, he expressed concern about
the very hot lamp used and the possibility of wearing fire-proof
clothing on the job.

An area supervisor for Heath engineering with 14 months experience with
the company, trained on the job. He functioned as a job coordinator
including spot checking on site for safety procedures being followed
properly. He described the list of safety equipment to be available and
to be used, including gas masks, hats, explosion proof lamps and safety
harnesses. He explained that no lights were to be used during the clean
up operations, that an air supply was a necessary part of the face mask.

A specialist in internal medicine and intensive care, described the
extensive surface and airway burns to Leonard Thistle. He explained the
serious prognosis in this degree of burning. He described an incident
three days prior to death when Thistle"s ventilator had become
disconnected from his airway tube for a brief period resulting in low
oxygen brain damage that may have hastened his death. On questioning
from the jury, he explained that the airway connector has to regularly
be disconnected for suctioning of the airway and at many times daily
these connections do become disconnected, but a nurse is always present
and there is also a beeper warning device that sounds when the
disconnection occurs.

The reason that this disconnection was not noticed for a period of about
7 minutes was that Thistle was being nursed in a separate room,
isolation for antiseptic procedure. The nurse had gone out of the room
and the door was closed as part of the isolation procedure. Apparently
the warning beeper could not be heard outside of the room when the door
was closed. He stressed that Thistle's chance of survival from these
extensive body burns was less than 10 percent.

An electrical engineer and owner of Heath Engineering described his
company's experience in petroleum tank cleaning since 1966 and his broad
experience in this area. He described the training of Leonard Thistle
in these cleaning and tank lining procedures. He explained that Thistle
had trained his associate on the job.

He explained that his written procedures were submitted to the Ministry
of Labour, and he reviewed this document explaining the process. Heath
advanced some recommendations regarding improved safety, noting that a
safety harness is probably ineffective because the rope may readily burn
and also because of the small entrance hole used in this work would make
it very difficult to raise an unconscious person by rope and harness
through the opening. Mr. Heath made some suggestions in regard to
improved safety including the wearing of fire resistant clothing,
improved training procedures, and improved sludge removal procedures
that would not involve the presence of a worker in the tank.

An engineer with 17 years experience of the Ministry of Labour as
Regional Engineer, his work often involving a review of hazardous
processes by field inspection for the Health and Safety Branch. He
explained the regulations for working with hazardous gases in a confined
space. He examined the job site involved the day after the fire and
described his findings. The equipment on site was examined including
the pail, light and face mask involved, all showing evidence of fire
damage.

There was no evidence of a safety harness or lifeline in the immediate
area of the tank excavation. He concluded that the regulations had not
been complied with during the cleaning of tank sludge in regard to no
use of harness and lifeline, no use of airhose to face mask, an
unsuitable light fixture used within the tank and questionable tank
entry procedures. He recommended that no worker should be allowed to
enter a confined space where there is a source of flammable vapour.

Wayne Beedle, an Industrial Health and Safety Officer with the Ministry
of Labour gave testimony regarding his investigation into this
industrial death. He described the equipment and clothing worn by the
deceased at the time of the incident. He noted that the fire was
limited to the inner layer of Thistle's clothing. He determined that
the quartz light being used to illuminate the inside of the tank was the
source of ignition of this fire.

He explained how broad the application of the Industrial Health and
Safety Act is in application to workers in Ontario. He explained the
responsibility of the worker, the supervisor, and the industry in
adapting these broad, vague, general regulations to their particular
work area. In his opinion, it is not practical for government
inspectors to review all the details of all safety related issues in all
industries. There are local conditions and frequent changes that must
be addressed and policed by those in each particular industry.

A retired service station inspector now serving as a consultant in fuel
storage tank installation, maintenance, and safety. He is very familiar
with underground storage tanks for flammable fuel storage. He explained
the need for the regulation of this work of lining all tanks. He
outlined the difficulties in doing this job carefully and safely. He
stressed the need for a step by step procedure, possibly reviewed by a
safety officer. Uniform guidelines for the procedures are necessary as
most workers are not well educated in the hazards involved.


RECOMMENDATIONS ISSUING FROM INQUIRY:

1. The jury strongly supports the recommendations of Mr. Wayne Beedle with
regard to:

i) Ministry of Labour review safety procedures used by firms involved in
work with tanks of sufficient size to allow access. Such as: a) size
of entry hole, b) safety training of employees by employers, c) type of
clothing to be worn, d) equipment to be used in operations, e) safety
checklist.

ii) The Ministry of Labour, in conjunction with the Technical Committee of
the Ontario Petroleum Association and other firms involved in such
related work review practices and procedures on an ongoing basis.

iii) All companies involved in cleaning and repairing tanks of sufficient
size to allow entry should be licensed.

2. The Ministry should request all firms involved in this type of work to
immediately review and evaluate their safety precautions with their
employees.

3. Respirator patients should be monitored at all times either medical
staff with the patient or through alarms connected to a manual site.