Dáil Éireann Debate, Wednesday - 6 December 2023
67. Deputy Paul Murphy asked the Minister for Enterprise, Trade and Employment if he is aware that the ‘right to sit’ regulation in existence is widely disregarded by employers in Ireland; what actions he will take to address this issue and ensure this right is provided to employees (details supplied); and if he will make a statement on the matter. [54068/23]
View answerUnder the Safety Health and Welfare at Work Act, 2005, employers have an obligation to ensure, so far as is reasonably practicable, the safety, health and welfare of employees at work. Employers have a duty to undertake a risk assessment to identify the hazards in the workplace and to put in place appropriate controls to protect employees.
The Safety, Health and Welfare at Work (General Application) Regulations 2007 makes specific provision for employees to be afforded opportunities for sitting in the course of their employment. Part 2 Chapter 1, 18. (c) of the Regulations state that “An employer shall ensure that where any employees have in the course of their employment reasonable opportunities for sitting without detriment to their work, or where a substantial proportion of any work done by employees can properly be done sitting, suitable facilities for sitting are provided and maintained for their use, or if this is not practical, they are otherwise ergonomically supported”.
The Health and Safety Authority (HSA) provides detailed guidance for employers and employees in relation to this aspect of the 2007 Regulations, particularly on how an employer can offer appropriate ergonomic support to employees. Also, under the HSA’s free online safety statement and risk assessment tool for small businesses, employers are reminded to risk assess ‘Standing for long periods’ and ‘Sitting for long periods.’
The HSA has confirmed that it has not received any recent complaints about breaches of these Regulations and only low numbers of requests for information relating to this issue. However, any employer or employee with a query or concern about workplace safety should contact the HSA at contactus@hsa.ie or by LoCall 0818 289 389. Employers who breach health and safety regulations face a range of actions by the HSA up to and including prosecution action.
