Dáil Éireann díospóireacht -
Tuesday, 19 Nov 2002

Vol. 557 No. 4

Written Answers. - Health and Safety Regulations.

Dan Boyle

Ceist:

136 Mr. Boyle asked the Tánaiste and Minister for Enterprise, Trade and Employment the regulations in place to control noise levels within the workplace; and the monitoring procedures in place to ensure that these regulations are adhered to. [22186/02]

Tánaiste and Minister for Enterprise, Trade and Employment (Ms Harney)

The Health and Safety Authority is 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, is the principal legislation dealing with occupational health and safety. It sets out the responsibilities of both employers and employees in relation to providing a safe working environment. The Act applies to all places of work and to all employers, employees and the self-employed. The 1989 Act is supplemented by a series of regulations. One such set is the European Community (Protection of Workers) (Exposure to Noise) Regulations, 1990. These regulations, which apply to all workers, lay down certain standards and requirements which should be met in order to minimise hearing damage caused by loud noise.

The monitoring and inspection of workplaces is a day to day matter for the authority in which I have no direct function. However, I been informed by the authority that their inspection and awareness programme will continue this year, and 125 inspections of places of entertainment took place in 2001. In addition, 24 improvement notices were issued and 42 advice letters issued. Furthermore, 93 premises had levels above 85 dBA and 62 had levels above 90 dBA. Draft guidelines for noise in the entertainment section have been drawn up by the HSA and are being discussed with the industry.

Aengus Ó Snodaigh

Ceist:

137 Aengus Ó Snodaigh asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will consider adopting a programme to rid Ireland of asbestos, involving the free and safe removal and disposal of all asbestos products from all homes and businesses. [22225/02]

Tánaiste and Minister for Enterprise, Trade and Employment (Ms Harney)

There are many elements which must be considered in answering this question and for this reason I will endeavour to answer the question with respect to those elements which are under my responsibility directly and indicate also those elements which cannot be dealt with directly. The Health and Safety Authority is the enforcement agency dealing with the protection of the safety, health and welfare of workers at work and others who may be affected by work activities. However, the remit of the authority does not extend to domestic dwellings or homes generally.

Regarding the introduction of such a programme for businesses there are different matters which need to be considered and taken into account. Firstly the cost of removal of asbestos from any place of work is high and generally involves the employment of specialist asbestos removal contractors. In addition it must be noted it is not always the safest option to remove asbestos. In some cases by deciding to remove asbestos containing materials a greater risk of exposure to asbestos fibres can be created than was originally present. The decision to remove asbestos containing materials must always be based on the performance of a risk assessment, in writing, by a competent person prior to commencement of the work. Hence it would not be practicable to introduce a programme which indicated that all asbestos must be removed once identified.

The current legislation pertinent to asbestos removal in a safe manner applies to worker protection and workplaces primarily and outlines the requirements, responsibilities and obligations on employers to their employees and others so as to protect them from exposure to asbestos fibres should asbestos containing material be identified at their premises. The process of removing asbestos materials from a workplace is defined as a construction task and so the requirements of these regulations apply to all premises where workers are employed to remove asbestos. In addition the European Communities (Protection of Workers) (Exposure to Asbestos) Regulations, 1989, as amended in 1993 and 2000, lays down specific requirements and control measures which must be implemented when working with asbestos containing materials. It should also be noted that currently at EU level work is almost complete regarding the development a new worker protection directive on asbestos. Ireland is actively involved and supporting this work. It is anticipated that new directive will further enhance the protection of those workers who are most at risk from exposure to asbestos fibres when released into air.

Finally, regarding the disposal of any asbestos removed from places of work, this area of disposal would come under the remit of the Department of Environment and Local Government and the EPA who have specific responsibilities regarding the disposal, methods to be used, licensing etc. and associated legislative obligations.