Dáil Éireann Debate, Thursday - 18 April 2024
228. Deputy Cian O'Callaghan asked the Minister for Social Protection if she will reconsider classifying Covid-19 as an occupational illness, as has been recommended in many EU member states; and if she will make a statement on the matter. [17095/24]
View answerIn November 2022 the European Commission made a non-binding recommendation on the recognition of COVID-19 as an occupational disease if ‘caused by work in disease prevention, in health and social care and in domiciliary assistance, or, in a pandemic context, in sectors where there is an outbreak in activities in which a risk of infection has been proven.’ This is a non-binding recommendation and recognition of occupational diseases remains a Member State competence. The Commission did not make a recommendation in relation to long COVID. Recognition as an occupational disease confers different entitlements in different Member States, with employers paying the compensation in some countries and social insurance systems paying in others.
In November 2023, I published and laid a report before the Oireachtas entitled ‘Report on measures to include long COVID in the Occupational Injuries Benefit Regulations’. This report concluded that COVID-19 does not satisfy the criteria for recognition as an occupational illness under the Social Welfare Consolidation Act 2005.
Specifically, presumptions about workplace transmission would not be sustainable on a general basis in the current environment where infection rates are low. The statutory criteria for occupational injuries benefit specify that the disease or injury was caused as a risk of the person’s occupation and is not a risk outside of that profession. Community transmission became dominant by the summer of 2020. Therefore, it has not been possible since then to establish with confidence a general assumption that the disease has been contracted through a person’s occupation and not through community transmission.
It is important to note that even if Ireland did recognise COVID-19 as an occupational disease, this would not encompass long COVID and would only apply to new claims for new cases of COVID-19. Thus, it would not benefit those who contracted COVID-19 during the pandemic.
In relation to employees in the health services who have not recovered from a COVID-19 infection, the report found that the Temporary Scheme of Paid Leave for Public Health Service Employees was the appropriate channel through which a targeted sectoral support was to be considered. The Department of Health has confirmed to my Department that the Temporary Scheme, which was in place since July 2022 and had concluded on 31 March 2024, has now been reinstated for a further three months to conclude on 30 June 2024. Any employee remaining unwell may utilise the full provisions of the Public Service Sick Leave Scheme which will provide further support.
My Department continues to provide a suite of income supports to those who cannot work due to illness and disability, including those who have not recovered following a COVID-19 related illness.
I trust this clarifies the position for the Deputy.
