Dáil Éireann debate -
Thursday, 8 Oct 1992

Vol. 423 No. 2

Ceisteanna—Questions. Oral Answers. - Health and Safety Legislation.

Ruairí Quinn

Question:

5 Mr. Quinn asked the Minister for Labour if he will clarify the position that will arise after 31 December, 1992, in respect of the application and administration of EC Safety, Health and Welfare legislation with specific reference to EC Directive reference L393/2 Annex I and II; whether (a) the enforcement and guidance will be carried out by the present authority under Safety, Health and Welfare legislation or whether the Fire Authorities will have an input into the means of escape requirements (b) a Certificate of Means of Escape (removed by Safety, Health and Welfare legislation in 1989) will be reintroduced (c) additional fire precaution works are anticipated in premises that already are in possession of a Certificate of Means of Escape issued under former Safety and Health legislation, the Safety in Industries Acts, 1955-80; the authority which will be designated to police means of escape requirements; and if he will make a statement on the matter.

Mr. Cowen

I presume that the Deputy is referring to Council Directive 89/654/EEC of November 1989 concerning the minimum safety and health requirements for the workplace (commonly called the Workplace Directive), as published in the Official Journal No. L393 of 30 December 1989. This Directive is due for implementation by Member States by 31 December 1992.

The National Authority for Occupational Safety and Health is currently developing proposals for Regulations to give effect to that and several other EC Directives. I understand that the Authority is engaged in widespread consultation and discussions with a range of organisations and bodies in relation to its draft proposals and I expect receipt of the Authority's proposals in respect of the Workplace Directive during the coming months.

Responsibility for the enforcement of most of the provisions of the Workplace Directive will rest with the Authority in line with its powers and functions under the Safety, Health and Welfare at Work Act, 1989. I understand, however, that those provisions of the Directive which relate to the general issue of fire are already substantially covered by existing fire and building control legislation which is administered and enforced as appropriate by the fire authorities and the building control authorities. I understand that the proposals for new regulations are being drafted on the basis that existing responsibilities will remain in place.

There are no specific provisions in the Directive or its Annexes in relation to Certificates of Means of Escape and there are no plans for their re-introduction under occupational safety and health legislation.

In as far as the final part of the question is concerned the Deputy will appreciate that responsibility for legislation in the area of fire safety and associated matters is primarily a matter for the Minister for the Environment.

Mr. Quinn

I would like to thank the Minister for his reply and perhaps apologise for the complexity of the question. It was tabled by me in response to representations concerning insurance and compliance costs in relation to these matters. Is the Minister aware of the concern that has been expressed in numerous quarters about the ability of people to comply with the statutory fire regulations arising from this directive and the building regulations which came into force recently? Is the Minister aware that there is a need for transparency and clarify with regard to the requirements laid down as the regulations are not readily understood and, if not, would he consult with the relevant authorities and issue to the Irish market place explicit requirements which can be clearly understood so that everybody will be aware what they are supposed to comply with in order to maintain insurance cover?

Mr. Cowen

I appreciate the Deputy's worries in this regard. I will take the matter up and come back to him on it.

Mr. Sherlock

Do all employers comply with the regulations which require them to produce a safety statement? Are employers under an obligation to notify him and his Department that such a statement has been issued?

Mr. Cowen

Since their formation a few years ago, the health and safety authority have been making good strides in increasing the level of awareness within industry of the need to produce a safety statement. The percentage of those that produce such a statement is not what I would like it to be but following the establishment of the authority they can move forward and seek to improve the position. Given that this is European Safety Year they are doing much promotional work to increase the level of awareness among employers of the requirement to produce safety statements, as laid down in the 1989 Act. I hope this will be implemented. While one must legislate to bring about improvements there is also a necessity to seek the co-operation of industry in general. As a patron of European Safety Year, I have noted since I came into office, that the position is improving in that regard.