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Dáil Éireann díospóireacht -
Tuesday, 27 Mar 2001

Vol. 533 No. 3

Adjournment Debate. - Explosives Accident.

I welcome the opportunity to raise this issue publicly. Despite the seriousness of the matter and the severity of the blast, which could have had lethal consequences, there appeared to be a conspiracy of silence surrounding this event. I do not believe there was a conspiracy and perhaps the reason for the silence was the sheer disbelief by the contractor that this could have happened a second time.

However incredible the event, local residents have been left in the dark for almost a week in terms of the circumstances surrounding it. All that is known is that at 6 p.m. last Wednesday a blast warning was given in the normal way and the normal blast took place. A half an hour or so later when workers had gone home – luckily there were only a few AMCO employees still on the site – a huge unexplained and unplanned explosion took place. This explosion shook houses in the locality and set off many house alarms. There were no injuries but I am convinced that if last Wednesday night had not been extremely cold and wet there would have been injuries.

The initial reaction to phone calls to the site office the next morning was that nothing had happened. It was subsequently admitted that something had happened but no information was available other than it was being investigated. On Friday, two days after this frightening explosion, the Health and Safety Authority issued a statement saying it had been informed by the Garda of an incident on the Southern Cross and it was investigating it. An incident is an altercation between two drunks outside a pub. This was not an incident; it was a serious accident, a massive explosion, which requires more by way of explanation.

I congratulate the Health and Safety Authority for the speed with which it moved onto the site to withdraw the licence of the blasting company. I understand it is carrying out a thorough investigation and considering legal proceedings. There is a terrible sense of déja vu about this explosion. There was a full investigation after the first explosion last September, a file was prepared for the DPP and new procedures were put in place. A few months later at the beginning of the next series of blasts there was another accident in what appears to have been exactly the same circumstances. The first accident left three people injured, including a young garda who has permanent hearing loss. Much damage has been done to local houses and many people feel aggrieved that they did not get what they were promised. There are serious worries about the long-term impact of the explosion on their homes. The first accident should never have happened and it defies belief that there should have been a second explosion on the same site in the same circumstances.

The use of explosives is a serious business and I and other members of the public attended meetings prior to the commencement of the project. Concerns about the possibility of damage during blasting were dismissed and we were assured that there would be extreme vigilance, the strictest of procedures would be applied and the use of explosives was now such a precise science that accidents could not happen. I do not raise this matter to apportion blame as that is a matter for the Health and Safety Authority. Rather I raise it because what has happened does not inspire confidence that future blasting can be undertaken safely. The next phase of the project, the M50, is due to start shortly. It not only involves a huge amount of blasting but the blasting will take place in close proximity to homes and offices in a built-up and densely populated area.

The challenge for the Minister is to restore confidence in the blasting process. This accident also has implications for other projects such as the port tunnel and the metro. Concerns have already been expressed about disruption and possible damage caused by planned blasting. However, the possibility of accidental explosions adds a whole new dimension to these projects. If confidence is to be restored the Minister must give a full public account of precisely what happened on the site last Wednesday, how the strict procedures governing the disposal of explosives and the new procedures were ignored and the procedures which can be put in place to ensure a similar incident will not happen again. The least the public, particularly those who live close to the site, deserve is a detailed explanation.

I regret that my Government and departmental colleague, the Minister of State with responsibility for Labour Affairs, Deputy Kitt, is unavailable because of illness to reply to the debate. I am aware that he is taking a personal interest in this matter and has been in regular contact with the Health and Safety Authority, the State body charged with responsibility for the administration, enforcement and promotion of all workplace health and safety legislation.

The Safety, Health and Welfare at Work Act, 1989, the 1993 General Applications Regulations and the 1995 Construction Regulations all provide a strong legislative base by which safety standards in the construction sector can be managed. This legislation is enforced in a proactive manner by the Health and Safety Authority. The construction sector is specifically addressed in the context of the 1995 Construction Regulations. These regulations deal with the minimum safety and health requirements on temporary or mobile construction sites and are one of the most detailed legislative frameworks dealing with any one specific sector. Their purpose is to reduce accidents, fatalities and ill health during the construction phase of the project and subsequent maintenance work.

Our health and safety legislation is fundamentally sound and provides effective mechanisms for the proper management of workplace health and safety. It is enforced in a targeted manner by the Health and Safety Authority. The additional resources both in terms of staffing and financial assistance which the Minister of State, Deputy Kitt, has allocated to the authority has enabled it to increase its inspection, enforcement and awareness raising activities with a high proportion being targeted at the construction sector. In addition to the mainstream occupational health and safety legislation to which I have referred, the handling, use and disposal of explosives is also covered under the Safety, Health and Welfare at Work (Extractive Industries) Regulations, 1998, the Mines and Quarries Act, 1965, and the Explosives Act, 1875.

While the Health and Safety Authority has responsibility for monitoring compliance with the above legislation with regard to worker health and safety, the chief inspector of explosives and the Garda Síochána also have a role in ensuring commercial explosives are safely used and disposed of. The Minister of State, Deputy Kitt, who has responsibility for the Health and Safety Authority, will obviously keep in close contact with it. The authority monitors the procedures for using the explosives and ensures they are up to accepted standards. In addition, the shotfirers, that is, those who set off the explosions, must be adequately trained and follow the set procedures.

Under the Explosives Act, 1875, the chief inspector of explosives must give authorisation to carry out explosions to trained companies. He, in conjunction with the Garda, monitors the security arrangements for all commercial explosives. These arrangements cover the safe transport, under Garda escort, of the explosives to the site. While every effort must be made to use all the explosives on the day they are transported to the site, sometimes this does not happen. In these cases the Garda must ensure that all remaining explosives in opened packages are destroyed on the ground in a controlled manner and that full packages of explosives are returned to the supplier under a Garda escort. When any explosive incident happens these arrangements are investigated to ensure the laws have been fully complied with.

While the investigation of incidents such as the one referred to by Deputy Mitchell is a day to day matter for the Health and Safety Authority, I am informed that the authority was notified by the Garda on Wednesday night last, 21 March, of an incident which occurred during the construction of the Southern Cross Route Motorway at Black Lane Bridge, Ballinteer.

Legal proceedings are under consideration in respect of this and an earlier incident on the site last summer. A prohibition notice has been served by the authority on AMCO Limited, the explosives sub-contractor on the site, in respect of the use of explosives on this site with effect from 22 March 2001. The main contractor for the project is ASCON.

I am aware that the Minister of State, Deputy Kitt, who lives very close to this site has been in regular contact with the Health and Safety Authority on the matter and they are continuing to monitor the situation on site. In the light of possible legal proceedings being instituted in respect of this incident, and the previous one in September last year, it would be inappropriate for me to comment in any further detail on the matter at this time. However, I can assure the Deputy that the matter is being fully and speedily dealt with by the authority and that every effort is being made by the authority's inspectors to determine the cause of this second incident. I can also assure the Deputy that the necessary enforcement action is being and will continue to be taken and that work on the project in question will continue to be closely monitored by the authority's inspectors.

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