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Health and Safety Regulations.

Dáil Éireann Debate, Thursday - 17 June 2004

Thursday, 17 June 2004

Questions (83)

Eamon Ryan

Question:

80 Mr. Eamon Ryan asked the Tánaiste and Minister for Enterprise, Trade and Employment the inspections which have been carried out by the Health and Safety Authority on the national car testing centre in Deansgrange, County Dublin; the recommendations which have been made by the authority on foot of such inspections; the follow-up procedures the authority has in regard to such recommendations; if its reports are available as a right to employees within the relevant companies; the State body which has the responsibility for commissioning and carrying out occupational health hygiene assessments in the workplace; and if such assessments have taken place in the national car testing centre in Deansgrange. [18212/04]

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Written answers

According to the Health and Safety Authority's records, six inspections were carried out at the national car testing centre in Deansgrange, County Dublin, comprising three routine inspections for compliance, two complaint investigations and one follow-up visit, between June 2000 and April 2004. It should be noted that this centre is only one of many national car testing centre centres nationwide and, overall, the Health and Safety Authority's records indicate that a minimum of approximately 33 inspections of national car testing centre centres, performed by 13 different inspectors, took place in the same period.

It is difficult to separate the information on inspection and enforcement action performed or taken by the authority as it relates solely to the Deansgrange centre as these visits often reflected the need to observe the procedures and work conditions in national car testing centre sites overall so as to achieve a consistency and adequate level of control for all national car testing centre workers while at work.

However, in the course of inspections, inspectors speak to managers, safety officers and, where available, worker safety representatives. Follow-up action includes both verbal and written advice and, where necessary, the issuing of enforcement notices.

The Safety, Health and Welfare at Work Act 1989 and regulations made under it require employers to provide their employees with such information as is necessary to ensure, so far as is reasonably practicable, their safety, health and welfare at work. Information gathered by inspectors during their visits is subject to certain disclosure restrictions. Section 45 of the Safety, Health and Welfare at Work Act 1989 sets out the circumstances in which, and for what purposes, information obtained under the relevant statutory provisions may be disclosed. However, where an inspector issues a formal enforcement direction or notice this is generally copied to the site safety representative for information.

There is no State body charged with the responsibility for commissioning and carrying out occupational health hygiene assessments in the workplace. Under worker protection legislation the responsibility to commission and carry out risk assessments rests with employers. In cases where a hazardous chemical agent is used, a risk assessment regarding potential for exposure to this agent must be performed, recorded in writing, reviewed regularly and revised where appropriate. Should the employer not have a competent person or persons in his or her employment to perform such a risk assessment the employer must engage the services of a competent person or persons to do this task. It is understood that such risk assessments have been carried out at the national car testing centre in Deansgrange, County Dublin.

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