Vol. 487 No. 4
47 Mr. O'Shea asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will amend the Health and Safety Act, 1989, to provide for the introduction of a pre-construction approval system, in view of the fact that 45 per cent of construction workplaces inspected by the National Authority for Occupational Health and Safety in 1997 failed to meet health and safety standards. [4110/98]
The Safety, Health and Welfare at Work, Act 1989 and the 1993 general application regulations provide a comprehensive legislative framework by means of which effective health and safety procedures can be formed and managed in all sectors of the economy. In addition, the 1995 construction regulations, which consititute one of the most detailed pieces of legislation dealing with any one industry, deal specifically and comprehensively with the construction sector. Those regulations require that health and safety considerations form an integral part of project planning in the construction industry. They introduced the important concept of a chain of responsibility and duty on everyone involved in the process, that is, the client, the designer, the project supervisor, at both the design and construction stage, the contractor and the employee. This makes health and safety an integral part of construction work from inception through to completion. Among the specific duties imposed by the regulations is an obligation to prepare, before the commencement of the construction work, a safety and health plan for the construction site. There are also obligations to maintain a safety file and appoint safety officers.
The National Authority for Occupational Health and Safety is responsible for the enforcement of all occupational health and safety legislation. Under the 1995 construction regulations, written notification of projects which are planned to last longer than 30 working days or on which the volume of work is scheduled to exceed 500 person-days must be given to the authority.
Accordingly, the law already contains comprehensive provision requiring that health and safety be an integral part of project planning in the construction industry and imposing duties on all parties involved in the process. However, it should be noted that, under the 1989 Act, the primary duty to identify, assess and manage the health and safety needs of any business rests with the employer.
