Written Answers. - Breaches of Safety Standards.
Thomas P. Broughan
Ceist:
44
Mr. Broughan
asked the
Tánaiste and Minister for Enterprise, Trade and Employment
if she will increase the level of penalties, including fines and imprisonment, imposed on rogue employers for breaches of the Health and Safety Act, 1989; her views on whether new legislation is necessary in this regard in view of the unacceptable level of injuries and deaths in the construction industry; and if she will make a statement on the matter.
[22022/97]
Pat Rabbitte
Ceist:
62
Mr. Rabbitte
asked the
Tánaiste and Minister for Enterprise, Trade and Employment
the plans, if any, she has to provide additional resources for the Health and Safety Authority in view of the increasing concerns about safety standards on construction sites; if she will increase the penalties available for breaches of the law in this regard; and if she will make a statement on the matter.
[21977/97]
I propose to take Questions Nos. 44 and 62 together.
There is a vast and comprehensive block of health and safety legislation in Ireland which adequately meets the requirements necessary to protect our workforce and which conforms to best international practices. Measures such as the Safety, Health and Welfare at Work Act, 1989 General Application Regulations and the 1995 Construction Regulations provide a solid legislative framework by which effective and co-ordinated management of all construction projects can be ensured, and by which health and safety standards can be set. It is the primary duty of every individual employer to identify and manage the health and safety needs of his or her own business.
The National Authority for Occupational Safety and Health is responsible for the enforcement of all occupational health and safety legislation. The Authority works to a targeted annual work programme and focuses on sectors with high accident rates, in particular, of course, the construction sector. In 1996 there were over 4,500 formal inspections carried out in the construction sector. This was the highest figure for any single sector.
There has been a steady increase in the funding and staff allocated to the Authority since its inception. In 1990, Exchequer funding amounted to £2.3 million and in 1998 it will amount to £4.7 million. In addition, Government sanction has been secured to enable the Authority to increase its total staff to 119 with effect from 1 January 1998. This will represent an increase of 20 per cent in approximately three years and an overall increase of 55 per cent in the last eight years. In addition, the Authority has recently made a comprehensive submission on their future staffing needs which is being studied by my officials.
In relation to the adequacy or otherwise of the penalties provided for in relation to breaches of health and safety legislation, the fine provided for on summary conviction — up to £1,500 — is the maximum permissible where a case is prosecuted in this way. The legislation also provides for fines on conviction on indictment for which no maximum monetary amounts are prescribed. Convictions on indictment may also be punishable in certain circumstances by a term of imprisonment of up to two years.
I do not accept that there is any need to change or amend what is fundamentally good legislation — legislation which provides effective mechanisms for both prevention of workplace accidents and punishment for breaches of the legislation. What I would like to see, however, is a full commitment from all employers to fulfil both their legal and moral obligations in relation to the health and safety of their workforce.
