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Dáil Éireann debate -
Tuesday, 12 Oct 1999

Vol. 509 No. 1

Adjournment Debate. - Construction Industry.

I thank the Office of the Ceann Comhairle for allowing me to raise this matter on the Adjournment and I thank the Minister for coming into the House to reply.

The annual report of the Health and Safety Authority, which was published last week, informed us that 70 people died in 1998 as a result of accidents at work and 6,512 workplace accidents occurred. In the words of the chairman of the authority, these figures are totally unacceptable. While 26 deaths occurred in the agricultural sector, 22 people died last year on building sites. The report of the authority is well presented but there is a litany of neglect. I do not intend to go into that in detail – the Minister has the report and he knows what I am talking about.

One death at work is a death too many. Each accident that occurs in the workplace is an accident that should have been prevented. The heartbreak, pain and suffering that occurs after each accident affects hundreds of families and can last for years. Indeed, the pain and suffering as a result of a death of a loved one at work may never end for those left behind. The cold statistics in this report do not tell the full story.

I want to turn to the situation in the construction sector. There were 22 deaths in 1998, 12 so far this year, and 92 since 1994. I acknowledge that both the trade unions and the Construction Industry Federation are very concerned and many companies have committed considerable resources to raise awareness and improve safety on building sites. Where companies take safety seriously we find accidents are either very few or eliminated altogether. Employees and employers must take safety seriously. Many do but where carelessness and dangerous practices exist and lives are put at risk, it is the duty of the State, as represented by the Health and Safety Authority, to intervene and take whatever action is necessary to prevent accidents and deaths. In order to intervene effectively, the Health and Safety Authority must be provided with the resources to do its job properly. I understand it has approximately 65 inspectors to monitor every industry in the State. The Minister might correct me, but it is my understanding that only seven of these inspectors are engaged in the construction industry. When asked on the radio recently the number of inspectors working in the construction industry the Minister said that there are 135 in total work ing in the HSA, he did not answer the question properly. Perhaps he will tell us tonight the number of inspectors who are engaged in the construction industry.

The 1998 figures indicate that there are 138,000 workers in the industry. It is the job of the Minister to ensure that the HSA has the resources to do its work properly and he should acknowledge that it is under-resourced. I must acknowledge the excellent work being done by the staff of the HSA on meagre resources. It is not the fault of the people of the HSA if safety on some sites is neglected. It is my understanding that the staff in the HSA are stretched to the limit.

The Minister talks about having discussions. Instilling a sense of responsibility and using words like "co-operation" and "partnership" are all very well, but the contractor who cuts costs by neglecting safety and who is able as a result to undercut his competitors is playing a very dangerous game and is putting pressure on other builders to do the same. The employee who disregards mandatory safety measures is a danger to himself and to others and should either change his ways or be barred from construction sites.

It is the role of the HSA to advise and supervise with regard to health and safety matters on sites, but it cannot do that without resources. At least 40 inspectors with back-up staff should be dedicated to the construction alone. The HSA would then have the wherewithal to carry out its statutory functions as required under the law. If the Minister does not fight his corner at the Cabinet table in order to radically increase the resources of the HSA, the Government must shoulder much of the blame for the deaths and accidents that may occur in the future in the construction industry. The Minister will no longer get away with blaming employers or employees in order to cover up his own inaction.

This issue is too serious for fancy words and flowery speeches by the Minister, it is a matter of life and death for many people. The Government has no excuse. It has the money. Window dressing will no longer be enough. It is time for real action. I challenge the Minister to put his money where his mouth is and take action now. Give the HSA the resources and I am sure it will deliver. If that is done many deaths will be avoided and injuries prevented. The terrible heartache that many families experience will not occur in the future if the Minister moves to ensure that one of our largest industries is a safer one in the years ahead.

I thank the Deputy for raising this important matter on the Adjournment. Unfortunately, we do not have enough time for a real discussion on it but I assure the Deputy that I intend to announce some initiatives in the coming days.

I hope they are adequate.

I will keep the Deputy informed. I will try to get most of my reply on the record.

The Safety, Health and Welfare at Work Act, 1989, is the principal legislation dealing with occupational health and safety. It sets out in clear terms the responsibilities of both employers and employees in relation to providing and maintaining a safe working environment. Under this Act, the primary duty of care to provide a safe and healthy working environment rests with the employer. The 1989 Act specifies the duty on an employer to provide a written safety statement outlining the manner in which the health and safety of employees is to be managed.

The construction sector is specifically addressed in the context of the Construction Regulations, 1995. These regulations deal with the minimum safety and health requirements on construction sites and are the most detailed legislation dealing with any one specific industry. Under these regulations, construction work is regarded as more of a project than a job. These regulations introduced the concept of a chain of responsibility, thus making health and safety an integral part of construction work from inception through to completion.

Our health and safety legislation is fundamentally sound legislation which provides effective mechanisms for the proper management of workplace health and safety. Inspection is but one element in the drive to improve safety standards in all sectors of employment. While the primary statutory duty of care to ensure a safe place of work rests with the employer, joint responsibility, commitment and participation from all sides is necessary to foster safe work practices at ground level. Nowhere is this more vital than in the construction sector.

There is already a high level of trade union and employer representation, as the Deputy knows, throughout the activities of the Health and Safety Authority as they relate to the construction sector. The board of the authority is a tripartite board with equal representation from trade union and employer sides. The Construction Safety Advisory Committee is also composed of representatives of both sides of industry.

The Construction Action Programme was designed to address some specific issues surrounding health and safety in this sector. It was drawn up in 1998 by the Health and Safety Authority after consultation with both sides of industry. The main elements of the programme include the establishment of a team of inspectors dedicated to the inspection of construction sites, especially in Dublin and Cork; all public sector clients have been asked to ensure that construc tion contracts are awarded only to firms or contractors with a safety statement in place; the development of a code of practice and accompanying video on safe scaffolding, which is a major problem; and the preparation of a code of practice for fragile roofs with a view to improving safety standards.

One of the primary purposes in devising this action programme was to involve all the players in the construction sector from State to client, but there is still an unacceptably high rate of death and injury in the construction sector and the progress made in raising awareness in the context of the construction action programme must now be built upon and broadened.

In view of the most recent construction related deaths, I met with the Health and Safety Authority and also with representatives of both sides of industry to discuss the overall approach to health and safety in the construction sector. I have asked both sides to meet with a view to further expanding the process of discussion and dialogue and to develop suitable mechanisms by which a national partnership approach to health and safety can be successfully transferred to site level. I want to see the creation of realistic and comprehensive programmes which will galvanise the existing national consensus on the importance of proper construction sector health and safety and which will lead to genuine improvement at site level. I expect to be in a position to announce progress in this area in the next few days.

On the question of resources, I would point out to the Deputy that I am fully aware that this is an important and relevant issue. I have asked the authority to carry out an indepth review of all its present and projected staffing needs in the context of its statutory remit and responsibilities. This review will form the basis for detailed discussions with relevant Government colleagues on the question of additional resources. The Health and Safety Authority has a sanctioned staff complement of 132, 13 of which were sanctioned late last year. The authority undertook an extensive recruitment campaign earlier this year to fill all sanctioned posts and offers of employment have now been made in respect of all the advertised posts.

The Deputy will agree that prevention is the most important element of all our work. I assure the Deputy that part and parcel of the new proposals we will be announcing will be a key emphasis on prevention. We will also be concentrating on resources.

As regards the number of inspectors, the figures I get from the authority vary. I will simply say that there are not enough. It is, perhaps, time to look at employing on short-term contracts retired people with experience in the building area, such as foremen, as inspectors. However, we will make an announcement on this issue in the next day or two, which I hope will bring progress to this very important matter. I thank the Deputy for raising this subject.

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