Dáil Éireann Debate, Tuesday - 21 November 2017
115. Deputy Bríd Smith asked the Tánaiste and Minister for Business, Enterprise and Innovation her views on whether the health and safety Acts need to be amended after Storm Ophelia in order that accidents commuting to and from work during severe weather conditions can be negated. [48909/17]
View answerThe national response to Storm Ophelia was coordinated by my colleague, the Minister for Housing, Planning and Local Government, Eoghan Murphy T.D. and the National Emergency Coordination Committee. I understand that the response to Storm Ophelia is being reviewed and a report will be prepared which will be submitted to the Government Taskforce on Emergency Planning for its attention before being submitted for the approval of Government in January 2018. A number of issues already identified for consideration as part of the review related primarily to having arrangements in place to the greatest extent possible pre-emergency, so that appropriate processes can be activated without delay, as required.
The primary piece of legislation relating to occupational safety and health is the Safety, Health and Welfare at Work Act 2005. Under this legislation employers, including the self-employed, have a statutory obligation to provide for the safety of their employees while at work.
This statutory responsibility includes employees that are required to drive as part of their work, but it does not extend to commuting. Commuting to and from a employee’s normal assigned place of work, in the employee’s own private vehicle or using other modes of transport, is currently outside the scope of the legislation and having consulted with the Health and Safety Authority (HSA), there is currently no evidence or proposal to suggest a revision of the legislation to include commuting is required.
The HSA does focus on Driving for Work and has for many years had a programme in place and they work in conjunction with the Road Safety Authority and An Garda Síochána. Extensive guidance material is available to employers and employees from the HSA website (www.hsa.ie).
