Written Answers. - Health and Safety Regulations.
Emmet Stagg
Question:
22
Mr. Stagg
asked the
Tánaiste and Minister for Enterprise, Trade and Employment
the plans, if any, she has to introduce new legislation to strengthen health and safety in the workplace; if she will release additional resources to allow for more inspectors to be employed by the Health and Safety Authority; and if she will make a statement on the matter.
[15926/98]
The key to protecting the general health and safety of all workers does not lie in changing or amending what is fundamentally strong legislation — it lies in changing attitudes and particularly those of a certain minority of employers to health and safety management and in ensuring that they meet all their obligations, both legal and moral.
There is an extensive and comprehensive block of health and safety legislation in Ireland which adequately meets the requirements necessary to protect our workforce and which conforms to best international practices. Measures such as the Safety, Health and Welfare at Work, Act 1989, the 1993 General Application Regulations andthe 1995 Construction Regulations provide a solid legislative framework by which effective health and safety management can be ensured and by which high standards can be set. In addition these measures are updated, supplemented and strengthened as European Union directives come on stream and are transposed into Irish law. Regulations to give effect to a number of such directives are currently being prepared.
The Safety, Health and Welfare at Work Act, 1989 is the principal legislation dealing with occupational health and safety and it sets out in clear and unambiguous terms the responsibilities which employers and employees have in relation to providing and maintaining a safe working environment. Under this legislation, it is the primary duty of every individual employer to identify, assess and manage the health and safety needs of his or her own business. The 1989 Act is supplemented by a series of Regulations, in particular the Safety, Health and Welfare at Work (General Application) Regulations, 1993 and the Safety, Health and Welfare at Work (Construction) Regulations 1995. The former extend the requirements of the Act and lay down provisions for health and safety in specific aspects of working activity such as the workplace, the use by workers of work equipment and personal protective equipment, manual handling of loads and work with display screen equipment. The latter is one of the most detailed pieces of legislation dealing with any one sector.
The National Authority for Occupational Safety and Health is responsible for the enforcement of all occupational health and safety legislation. This ongoing enforcement is carried out in a pro-active manner. The authority works to a targeted annual national programme, as approved by its tripartite management board, as well as regularly reviewing and focusing on sectors with high accident rates.
The 1989 Act is kept under review both by my Department and by the authority as regards its applicability and effectiveness. I have asked the authority to advise me particularly on its experience of enforcing the Act over the past ten years. Should it be concluded that regulation in this area would benefit from development of or change to the legislation, I can assure the Deputy that the necessary steps will be taken.
There has been a steady increase in the funding and staff allocated to the authority since its inception. In 1990 Exchequer funding amounted to £2.3 million and in 1998 it will amount to £4.7 million. With regard to staffing, the authority currently has Government sanction for 119 people. However, a further comprehensive submission has been submitted by the authority to my Department in relation to future staffing needs, and this is currently being discussed between officials of my Department and officials of the Department of Finance.
