Emergency systems
Chlorine storage areas can incorporate a wide range of systems to protect its workers from harm, including leak-detection alarm systems, and emergency override switches.
Leak-detection systems can provide audible and visual warnings to workers before they enter a chlorine-contaminated area. These warning systems can also deter workers from opening contaminated areas and exposing the rest of the facility.
Override switches are another engineering control for gas chlorinators that protect workers. If a chlorine leak is occurring somewhere along the system, remote override switches can stop the leak away from the source and prevent workers from getting in harm’s way.
Shielding liability after an accident
Proper and careful attention to the safe use of chlorine will minimize the chances of any injury to workers and/or the public, which will minimize the chance of a large monetary award for damages.
Chlorine gas is toxic, and companies can face fines for polluting; therefore, in some circumstances, it may be better to trap chlorine gas inside. This can allow a cleanup crew to enter and properly remove the trapped gas. Employees must be instructed beforehand on the appropriate emergency response, e.g., should workers keep the chlorine contained inside the facility or vent it to the outside? Depending on the circumstances, either choice may be preferable.
As part of a company’s due diligence defence to quasi criminal or civil claims they should be able to offer detailed records of the work that was being performed, the chemicals that were being used, and by whom. Pool companies must also keep records of their chemical inventories, in case the scale of an accident is ever questioned. The onus is on the employer/operator to show they had taken the necessary steps to protect their workers.
When the public is involved, the potential for tort lawsuits stemming from a chlorine or chemical accident is huge. Pool companies have a duty to protect swimmers and others in the pool area from potential chemical dangers. The public expects to enjoy a safe swimming experience, and pool companies are obligated to provide this.
Safety in numbers
Chlorine is inherently harmful to human health. Protecting workers and members of the public requires a comprehensive, thorough, and holistic approach. Every stage of chlorine use requires the appropriate safety measures be taken.
In the event of a legal claim by a member of the public, the pool operator/company will need to show it was proactively protecting the public by ensuring its employees properly and safely handled chlorine at all times.
Protecting the public and employees requires teamwork and a pool company needs to foster a culture of safety amongst all of their ranks, and it must begin at the top.
Reference
See the Health Protection and Promotion Act, RRO 1990, Reg. 565—Public Pools.
Author’s note: The writing of this article was greatly assisted by law student, Ben Baena.
Donald G. Kidd, BA, LLB, is a litigation partner at the law firm of SmithValeriote Law Firm LLP in Guelph, Ont. He has practiced employment and labour law, and has dealt regularly with other civil litigation matters for 38 years. He can be reached via e-mail at dkidd@smithvaleriote.com.
