A senior lab technician sacked after it was alleged he had been sleeping in a first aid room – thereby contaminating it with hazardous lead dust from his work gear – has lost a challenge to his dismissal.
The Workplace Relations Commission rejected the challenge by Edson Simoa De Morais against Omac Laboratories, operator of ALS Minerals in Loughrea, Co Galway.
The tribunal previously heard De Morais worked at his employer’s metallurgy lab testing ore samples for their concentration of precious metals by firing them in a furnace with lead flux.
Robin Hyde, the company’s solicitor, said the danger of lead poisoning was so great to pregnant and nursing mothers in particular that the firm only assigned men to carry out the procedure.
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Staff were required to abide by strict rules on washing themselves and removing personal protective equipment before leaving for clean areas of the facility so that lead dust would not spread.
However, the tribunal heard De Morais was discovered locked in the room by a colleague, and, when he opened the door, he told the colleague “he was sleeping”.
Emer Feeney, De Morais’ barrister, said her client “was using the toilet”, and there was a “verbal agreement” between he and his supervisor that he could take breaks there.
Human resources officer Aisling Reardon said a company investigation found De Morais had been using the first aid room for non-medical purposes such as using the bathroom, making personal phone calls, and, on one occasion, “falling asleep”.
The investigation concluded he “actively endangered” the safety of others when he wore his “lead-contaminated” uniform in the first aid room.
When De Morais was shown the findings of a swab test, showing a high buildup of lead dust in the first aid room, his response was: “Yeah, I saw, it looks like CSI”, Reardon told the tribunal.
She said the room was for the use of all staff in the facility if first aid was required – but was also the designated location in the facility for nursing mothers to breastfeed, and for pregnant workers to rest.
Health and safety officer Paul Fahy, told the tribunal that after the swab test confirmed a high presence of lead, the first aid room had to be decontaminated.
Phillip O’Neill, the company’s assigned disciplinary officer, gave evidence dismissal was the only option on the basis De Morais “knowingly contaminated” the room with lead despite “extensive safety training”.
