asked the Minister for Labour if he is satisfied that existing safety legislation is adequate to protect workers in places of employment, where radioactive material is used, from possible contamination; if he intends to introduce any new measures to increase the level of protection; in particular, if he will make it a requirement that contents of reports on any accidents should be made available to employees and their trade unions; and if he will make a statement on the matter.
Ceisteanna—Questions. Oral Answers. - Protection from Radioactive Material.
11.
Under the provisions of sections 6, 20 and 71 of the Factories Act, 1955, the Minister for Labour has power to make regulations in relation to any factory or class of factory where there may be a risk of bodily injury or a risk of injury to the health of the persons employed. Two sets of regulations have been made concerning ionising radiations: (i) Factories Ionising Radiations (Sealed Sources) Regulations, 1972, S.I. No. 17 of 1972; and (ii) Factories Ionising Radiations (Unsealed Radioactive Substances) Regulations, 1972, S.I. No. 249 of 1972.
I am satisfied that these regulations, having regard to the matter of activity as carried on in factories, are adequate for the protection of the health and safety of the workers concerned.
In order to implement European Community directives on ionising radiations, additional regulations are at present being prepared. These regulations will include provisions which will enable workers to have access to the results of exposure measurements and the results of medical biological examinations carried out.
No doubt the Minister is aware of the UCD case where an accident occurred in 1981 in the Zoology Department and where the union concerned sought a copy of the report of the Safety Committee and was refused. I understand the Labour Court upheld the right of the college to refuse it. Does the Minister not consider that in such a situation the workers are entitled to sight of the report in order to minimise the risks to themselves and also to reduce the possibility of further accidents?
I believe the workers have that right and for that reason the legislation dealing with occupational safety and health, to give effect to the proposals of the Barrington Commission, will make specific provision for that in relation to all such reports. I regret the decision taken in the case mentioned by the Deputy, even though obviously it was quite legal in that context. If we are to get co-operation with regard to safety measures in our workplaces it must be a fundamental right of all workers that they have access to published documents, measurements and reports that affect their safety and health. It is the intention of the legislation currently being draftted, and which I hope to have before the House by the end of the year, to give legal effect to that right.
I know there has been great concern about safety in recent years, not just in respect of nuclear fallout but also in hospitals. There are regulations governing the radiography departments of hospitals but these regulations are now nearly 30 years old. They were drafted at a time when there was not much equipment in those departments and when there was very little danger. The checking equipment now used on the clothes of radiographers and radiologists cannot monitor or register any damage caused. Nowadays equipment such as gamma counters, nuclear magnetic machines and ultrasound machines are in constant use. The regulations now governing the use of such machines have been in operation for 25 years or 30 years and are no longer effective. No one is quite sure of the risk involved. Radiographers and radiologists probably know more about radiation than anyone in the country and they have expressed concern with regard to this matter. I ask the Minister to examine it because the hospital staffs are in the forefront in respect of radiation danger.
I share the Deputy's concern. There is a great interest and concern among all people, and particularly working people, about their health and their right to know and understand the consequences of working with the processes they use. As I said in reply to Deputy De Rossa, the intent of the proposals of the Barrington Commission — we will be bringing legislation before the House in that regard — will be to recognise that right and to give it positive effect. For that reason, in anticipation of the enactment of the legislation I have proceeded to establish an interim board comprising representatives of the social partners as follows: three representatives from the ICTU, three representatives from the employer organisations and four representatives from four Government Departments, the board to be chaired by an independent chairperson. They have already commenced work on how the proposals may be implemented. All of the complex factors referred to by Deputy Ahern will be accommodated in that framework.