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Dáil Éireann díospóireacht -
Tuesday, 9 Dec 1997

Vol. 484 No. 3

Priority Questions. - Occupational Health and Safety.

Thomas P. Broughan

Ceist:

22 Mr. Broughan asked the Tánaiste and Minister for Enterprise, Trade and Employment the action, if any, she is taking to protect the health and safety of workers in construction and other industries. [22331/97]

The protection of the health and safety of the Irish workforce is provided for in the comprehensive block of occupational health and safety legislation. This legislation sets out the actions necessary to protect workers in all sectors of the economy, including the construction sector. The Safety, Health and Welfare at Work, Act, 1989, and the Safety, Health and Welfare at Work (General Application) Regulations, 1993, form the principal body of legislation dealing with occupational health and safety. They set out in clear and unambiguous terms the responsibilities of employers, of others concerned with places of work and of employees, in the provision and maintenance of a safe working environment. Under this legislation, the primary duty to identify and assess risks and to manage health and safety rests with employers in relation to their own business. The National Authority for Occupational Safety and Health has published a detailed guide to this legislation.

In addition, the 1995 construction regulations form part of the most detailed legislation dealing with any one industry. Their purpose is to reduce accidents, fatalities and ill health, during the construction phase of the project and building maintenance. Under these regulations construction work is seen in project terms. The health and safety dimension must be factored into the project management, including the advance planning, preparation and assessment, together with effective management and co-ordination while on site. These regulations introduce the very important concept of a chain of responsibility, thus making health and safety an integral part of construction work from inception through to completion.

The National Authority for Occupational Safety and Health is responsible for the enforcement of all occupational health and safety legislation. This ongoing enforcement is carried out in a proactive manner and entails inspection and educational activity. The Authority works to a targeted annual work programme as well as regularly reviewing and focusing on sectors with high accident rates, in particular, the construction sector. In 1996 there were more than 4,500 formal inspections carried out in the construction sector. This was the highest figure for any single sector.

In the context of recent controversies questions were raised about resourcing the Authority. There has been a steady increase in funding and staff allocated to the Authority in recent years. In 1990 Exchequer funding amounted to £2.3 million and in 1998 it will amount to £4.7 million. Recently sanction was conveyed to the Authority to increase its staffing complement by seven, bringing its total staff numbers 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 past eight years. In addition, I have recently received from the Authority a comprehensive submission on its future staffing needs which is being studied by my officials.

The overall rate of death and injury in Irish business generally is appalling, with 45 deaths per year, 17 of them in the construction industry, and many serious injuries. The Minister has a responsibility in that. He referred to the performance of the HSA. Was there an inspection of the Zoe site at Charlotte Quay a short time before the worker tragically lost his life? I understand that under the health and safety legislation of 1989, before contracts are signed and a site is opened, a health and safety plan must be approved by inspectors of the Department. Was that done on the Zoe development site and the Cruson development site, on which work was recently suspended? Is a site inspection carried out and a site plan approved on all building and industrial sites before work proceeds?

On the provision of resources, the Minister said the staff of the National Authority for Occupational Safety and Health has been increased to 119, but how many of those people are inspectors? How many of them inspect workplaces, colleges, shops and business sites? We provide less than half the resources of the average EU country for health and safety. For example, Finland has at least twice as many inspectors as Ireland. Has the Minister and the Authority a case to answer in terms of lack of resources for this purpose?

I share the Deputy's concern about the need for greater resources in this area. Since I took office I have been fighting for resources. My predecessor, the Deputy's party colleague, secured four additional members of staff last year and I succeeded in securing seven additional members this year. I presume anybody who held this office — the Deputy's colleague who is present is one such person — has always fought for resources, and I will continue to do that. An ongoing review of this matter is being carried out. Because of increased activity, particularly in the construction industry, additional resources are necessary and I ask the Deputy to support me in that cause, as he has done in his contribution today. In regard to the Zoe site, I ask the Deputy to table a specific question on that matter. That site is one of a number of sites on which the HSA would have focused.

Will the Minister give a guarantee that in the case of all building sites and proposed developments in Dublin city and county a health and safety plan will be prepared up to six weeks before workers go on site?

The Deputy should allow the Minister to answer the question.

I referred to the construction regulations of 1995. That legislation was agreed following lengthy discussion with the social partners. As the Minister's colleagues who have worked in this area will confirm, there is a chain of responsibility in this area. I referred to the principle of a project management plan. If the Deputy queries the background to individual accidents he will find, for example, that an unfortunate worker may be seriously injured or killed because a sub-contractor removed a piece of scaffolding. That happens because of lack of responsibility. I will continue to fight for additional resources. The Deputy asked for specific figures and I will be glad to forward that information to him.

There are two elements to this question, one of which is enforcement. Accidents must be prevented. There is a procedure through which inspectors must visit sites and provide warning and prohibition notices and, in some cases, part or all of a site is closed down, as was done recently on two sites where action was taken at High Court level. There is also the information aspect, and it is important we highlight the awareness and information element of this debate. I visited schools and farms to discuss the dangers in those sectors. I accept, however, we are concentrating on the construction sector today. Much work remains to be done and I assure the Deputy of my continued effort.

I call Question No. 23.

May I ask a quick supplementary?

No, we have devoted more than half the time for priority questions on this question. We must be fair to other Deputies. If I do not call the next question now, it will be disallowed.

May I ask a brief supplementary on this vital issue?

The other priority questions also relate to vital issues.

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