Dáil Éireann Debate, Wednesday - 19 December 2018
268. Deputy Catherine Murphy asked the Minister for Justice and Equality the number of prison officers that have been assigned to modified duties as a result of injury sustained during the course of their regular duties in the past ten years; if the Irish Prison Service has the ability to provide suitable long-term modified duties for all officers; and if he will make a statement on the matter. [53965/18]
View answerI am sure the Deputy will appreciate that prison staff work in an extremely challenging environment in which, on a daily basis, they face unique circumstances.
I am advised by the Director General of the Irish Prison Service that the Irish Prison Service is committed to the provision of workplace rehabilitation that supports and enables injured or sick employees to remain at or return to the workplace to continue the discharge of work duties. In that context, the Irish Prison Service introduced an Accommodations (Rehabilitative/Restricted Duties) Policy in July 2014. This policy was introduced in order to formalise the processes and procedures which apply in such circumstances.
The information requested by the Deputy regarding the number of prison officers assigned to modified duties as a result of an occupational injury or disease in the last 10 years is not available. Information of this nature has, up until now, been recorded on the officers’ personal file and has not been collated centrally. The information is now being recorded centrally and I have been advised that since January 2018, 23 employees have been facilitated under the Policy in circumstances where their injury related to an occupational injury or disease.
The Irish Prison Service does not have the capacity to accommodate staff on longer periods of modified duties as there are very limited posts available and in addition to the Policy these posts are required for pregnant staff.
While the Irish Prison Service will endeavour to provide accommodations, within the constraints which exist within the prison environment, it should be noted that there is no onus on the Irish Prison Service to provide such accommodations and this is reflected in the employment equality legislation, namely Section 25 of the 2004 Equality Act:
“It is an occupational requirement for employment in the Garda Síochána, Irish Prison Service or any emergency service that persons employed therein are fully competent and available to undertake, and fully capable of undertaking, the range of functions that they may be called upon to perform so that the operational capacity of the Garda Síochána or the service concerned may be preserved.”
The Irish Prison Service Accommodations (Rehabilitative/Restricted Duties) Policy allows for staff to return from sick leave during the latter stages of their recovery/recuperation on modified duties, but only where a suitable post is available and the Chief Medical Officer has confirmed that the staff member is likely to be in a position to return to full duties within 3 months. Where a suitable post is not available, or where the staff member is unlikely to be fit for full duties within 3 months, the staff member is required to remain on sick leave.
