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Dáil Éireann debate -
Wednesday, 26 Mar 2003

Vol. 563 No. 5

Adjournment Debate. - Health and Safety Regulations.

The matter I raise is safety management systems and efforts to ensure the safety of employees in hotels following the death of a worker in a Limerick hotel last year and the subsequent investigation by the Health and Safety Authority. Gráinne Dillon was a young woman full of life and looking forward to a career in the hotel industry when she was tragically murdered while at work in Limerick in early January last year. Her death shows that life does not always turn out as we would hope or expect. However, there are other lessons that can be learned from these events.

The individual who took Gráinne Dillon's life has been dealt with by the courts and faces a long time in prison. What I wish to raise is how Gráinne ended up in a position where, as a trainee manager, she had sole responsibility for running one of the biggest hotels in the country. Her employers must account for leaving a young woman with only six months experience in sole charge of more than 300 guests on the night in question. What, for instance, would Gráinne have done if a fire had broken out or in the event of any other emergency? Surely people who stay in these hotels must now sit up and take notice of the risks hoteliers are taking with their safety.

Gráinne's duties that night took her away from the hotel front desk on many occasions, yet this was the only area where a panic button was located on a night when there was no security or door staff. At 24 years of age Gráinne had huge responsibility in her job which she took very seriously. That night, she took care of room service, answered the phone and tallied the money in the hotel tills. She was doing a diligent, thorough job for her employers. However, Gráinne's employers failed to match the dedication and hard work she displayed by not providing adequate protection for their employee. They left her to fend for herself while she suffered a fatal attack which robbed her of her life and her family of a loving sister and daughter.

Her employers completely failed to comply with the safety, health and welfare at work regulations which state that it shall be the duty of every employer to ensure that in taking measures necessary for the safety, health and protection of employees, the measures take account of changing circumstances and the general principles specified in the first schedule. In leaving Gráinne Dillon unprotected in her workplace her employees must share some responsibility for the tragedy that occurred. Given that the hotel group in question has recently announced record profits, it is not as if it cannot afford to provide adequate security for all its guests and staff.

In their grief the Dillon family turned to the Health and Safety Authority, the agency charged with ensuring employers take all necessary steps to protect their employees. Legislation is in place which clearly puts the responsibility for providing a safe workplace on the employer, yet the Health and Safety Authority has continually said this is not its business and is the sole responsibility of the Garda Síochána. The Garda has done its job and I call on the Minister to demand that the Health and Safety Authority does its job. If not, the question of ultimate responsibility remains unanswered and many other young people may be placed in the same danger to which Gráinne Dillon was so tragically exposed. In virtually every hotel owned by the group in question young men and women are placed in charge of large areas without experience or support. It is surely the responsibility of the Health and Safety Authority to ensure employers do not place their employees in a position in which their lives could be taken, as was Gráinne's.

I offer my condolences and those of the House to the family who have suffered immeasurably as a result of this tragedy. To see a young, energetic woman with everything going for her taken from her family and friends is harrowing.

The Safety, Health and Welfare at Work Act 1989 applies to all workplaces, including hotels. Under the Act all employers are required to prepare a safety statement on how the employer will protect the health and safety of his employees. The implementation of this statement in the workplace is essentially the health and safety management system for that workplace. All workers are to be made aware of that part of the safety statement which applies to them and follow the procedures laid down for them. In turn, the employer must regularly monitor compliance with his own safety statement.

During 2003, my colleague, the Minister of State at the Department of Enterprise, Trade and Employment, Deputy Fahey, will introduce a new safety, health and welfare at work Bill to the Oireachtas. This will herald a new era of health and safety in Ireland and will emphasise, in a much stronger manner, the elements of safety management, training and consultation. The Minister of State is keenly aware of the need for increased penalties and the Bill will address this issue. Good safety management, training and consultation are the foundations of good preventative action.

Health and safety inspectors, when inspecting workplaces, check for the existence of the safety statement and check the extent of its implementation. Enforcement action up to and including prosecution may be taken for non-compliance. Unlike, for example, the construction sector and the mining industry, the authority does not categorise hotels as high risk workplaces and would only inspect hotels on complaint about health and safety conditions. Much as the Minister would like it to be the case, the resources of the HSA are not infinite and inspection of every workplace is not a feasible target.

In 2002 health and safety inspectors carried out 214 inspections of hotels and 221 such inspections in 2001. The HSA continues to work in partnership with employers and unions to reduce the level of fatalities and accidents in all sectors. The authority did not carry out an investigation into the death of the person in question. The matter was the responsibility of the Garda which carried out an investigation and achieved a successful prosecution with a life sentence.

Nevertheless, preventing workplace violence is a growing concern. Media attention has focused primarily on dramatic cases of violence in the workplace. It is incumbent on managers to respond appropriately to the actual risks of workplace violence faced by their employees. Although we live in an era dominated by technological advances, it is still ultimately human behaviour and human interaction which determines the extent to which we can be genuinely secure and content at work.

The workplace is a microcosm of life. We are not obliged to like everyone we work with, but we are obliged to treat everyone fairly and with dignity. Bullying and intimidation are insidious and reprehensible forms of behaviour and have no place in a civilised workplace. They are forms of discrimination and harassment derived from a lack of basic respect for the dignity of another person. Bullying, harassment and intimidation are legitimate workplace issues and the introduction of codes of practice under the Safety, Health and Welfare at Work Act 1989, the Employment Equality Act 1998 and the Industrial Relations Act 1990 have further enhanced the totality of the State response to these issues. These codes are an invaluable source of guidance on putting in place policies and procedures at enterprise level and as a basis and reference point for the Health and Safety Authority, the Equality Authority and the Labour Relations Commission which offer related advice and assistance.

The responsibility at local level of the employer, manager and employee must also be rightly recognised and emphasised. The commitment of management and workforce to develop and maintain an atmosphere in which the dignity of each individual is respected is central to the concept of an effective workplace. Adherence to and promotion of the dignity at work charter, as recommended by the task force on workplace bullying and the provision of a separate and specific anti-bullying policy are two of the most important preventative measures which every employer can undertake immediately. Anti-bullying measures should be taken, in the first instance, to protect employees.

An employer who develops an anti-bullying policy is not only protecting his or her employees, but also his or her business, the well-being of employees will eventually reflect itself in the overall well-being of the organisation. In the same context I emphasise that employees have responsibilities and duties towards each other. Bullying, harassment and intimidation must never become the accepted silent work practice.

The Health and Safety Authority is the central co-ordinating State agency handling bullying at work. Bullying is considered a workplace hazard alongside more traditional hazards and, as such, must be treated within the safety management system. Bullying must be identified as a hazard and a risk assessment carried out to eliminate or reduce the risk of its consequences should it occur.

This has nothing to do with the question I asked.

The Minister of State's five minutes have concluded.

Employers have a responsibility to provide, as far as is reasonably practical, a workplace where accident, disease and impairment of physical health are prevented. The 1989 Safety, Health and Welfare at Work Act states that employers' duties include, in particular, the provision of systems of work that are planned, organised, performed and maintained so as to be as far as is reasonably practical safe and without risk of health. Employers must take reasonable measures to prevent incidents of bullying occurring and when and if they do occur, prevent the risk of injury to the health of employees worsening by providing and implementing transparent and just anti-bullying policies and procedures.

Employees have a responsibility to ensure that they are not contributing—

I would ask the Minister of State to conclude as six minutes have passed and in fairness to Deputies whom I call to conclude after five minutes. Perhaps it could be conveyed to Departments that providing scripts that are too long for the five minute slot is not appropriate.

I will take that on board, a Cheann Comhairle.

They should be relevant to the question.

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