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Dáil Éireann díospóireacht -
Tuesday, 9 Mar 1999

Vol. 501 No. 6

Written Answers. - Health and Safety Regulations.

Michael Bell

Ceist:

118 Mr. Bell asked the Tánaiste and Minister for Enterprise, Trade and Employment the extent and details of any examinations and reports by the health and safety section of the then Department of Labour into the possible health hazards of a company (details supplied) in County Louth from the early 1960s; her views on whether it was well known internationally of the serious health dangers workers exposed to this material; and if she will make a statement on the matter. [7103/99]

A search has been carried out within my Department but no records have been found dating back to the 1960s in relation to examinations or reports on the company referred to by the Deputy. Files dealing with inspections of specific employers premises were transferred to the Health and Safety Authority on its foundation in 1989.

The recognition of the danger caused by asbestos was slow in developing and I understand there can be a long latency period in that diseases associated with the product may only manifest themselves after 20 to 30 years. The first legislation to be introduced by the European Council to combat this danger was in September 1983 when Directive 83/477/EEC on the protection of workers from the risks related to exposure to asbestos at work was adopted; this was subsequently updated and amended by Council Directive 91/382/EEC.

Ireland had already in place the Factories (Asbestos Processes) Regulations, 1972, which were replaced by the Factories (Asbestos Processes) Regulations, 1975. These early regulations recognised some of the dangers presented by this hazardous agent and were basically concerned with the hygiene and cleanliness aspects of working with asbestos. The intention behind the regulations was to exclude asbestos from the place of work.

Ireland introduced further legislation, the European Communities (Protecton of Workers) (Exposure to Asbestos) Regulations, 1989, which were amended in 1993. These regulations place a duty on employers whose work involves coming into contact with asbestos or materials containing asbestos to make assessments of the exposure to asbestos in the air in the place of work. They have a duty to ensure that employees are not exposed to concentrations above limits indicated in the regulations. Employees also have the right to be provided with suitable protective equipment.

The Health and Safety Authority is the statutory body responsible for the promotion of occupational safety and health and for the day to day administration and enforcement of relevant statutory provisions in this area. The regulations mentioned above give wide ranging powers to inspectors of the authority to inspect places of work to ensure that the regulations are being complied with. Ultimately the authority may apply to the court to prohibit work being carried on which they believe may cause exposure to asbestos.
It should be noted, however, that the marketing and use of all types of asbestos with the exception of chrysotile (white asbestos) have been banned in this country since the mid-1980s. A proposal to ban white asbestos is currently being examined at EU level.
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