Written Answers. - Health and Safety Regulations.
Joan Burton
Ceist:
153
Ms Burton
asked the
Tánaiste and Minister for Enterprise, Trade and Employment
if her attention has been drawn to concerns expressed that sub-contractors may be being used in construction sites in order to avoid health and safety legislation requirements; the regulations governing the use of sub-contractors; and if she will make a statement on the matter.
[4426/03]
The management of health and safety standards in the construction sector, as in all sectors of employment, requires the fulfilment of their respective responsibilities and duties by all parties concerned. There is in existence a strong occupational health and safety legislative code, including detailed regulations dealing specifically with the construction sector that place legal obligations on a wide range of people including clients, designers, contractors and employers.
The sub-contracting of specialist work by main contractors to sub-contractors is an established practice, both in Ireland and other European countries. The primary purpose of sub-contracting is to allow the main contractor to take on a larger volume, and a wider range, of work than would be possible if limited to the labour force directly employed by the main contractor.
As regards the direct impact of sub-contracting on health and safety standards, notwithstanding the economic or business considerations behind the practice of sub-contracting, it should not lead to a lessening of on-site health and safety standards. The operation of a sub-contracting system should not, of its own accord, preclude or prevent the development of good on-site health and safety standards in accordance with statutory requirements.
The Safety, Health and Welfare at Work Act 1989 and the 2001 construction regulations provide a solid legislative guide by which effective health and safety procedures can be managed in all forms of employment. All construction sites, regardless of the work practices employed, are subject to the provisions of occupational health and safety legislation.
The principal legislation relating to safety, health and welfare in construction work includes the specific provisions of the Safety, Health and Welfare at Work (Construction) Regulations 2001, general duties in the Safety, Health and Welfare at Work Act 1989, and supplementary provisions in the Safety, Health and Welfare at Work (General Application) Regulations 1993. Under the Construction Regulations 2001, a contractor means any employer whose employees carry out construction work and the definition includes both main contractors and sub-contractors. Contractors may also include a self-employed person where such a person supplies materials and labour, or labour only. In addition, the definition of contractor includes a body, for example a local authority, where the construction work is carried out directly by employees of that body.
The 2001 construction regulations place very clear and specific duties on contractors. Contractors are responsible for the safety and health of their own employees. Contractors also have responsibility for other persons under their control. Contractor's duties include co-operation with the project supervisor construction stage and other contractors so that they all can comply with their statutory duties, identification of the hazards associated with their work activities, assessment of the risks that result from this work and consultation with the project supervisor construction stage, the appointment of a safety officer on any site in which he normally has more than 20 persons the appointment of a safety officer on any site in which he normally has more than 20 persons under his direct control, ensuring that any plant or equipment, including scaffolding, lifting appliances, trench supports, mixers and safety equipment, which is erected, installed or used on site complies with the Regulation and ensuring that their employees and-or safety representative are informed of the measures being put in place on the site concerning their safety and health.
Under the Safety, Health and Welfare at Work Act 1989, and the General Application Regulations 1993, contractors, as in the case of all other employers or self-employed, are also required to comply with the various general duties of care which are specified in relation to hazard identification, risk assessment, implementation of prevention measures, safety consultation etc.
The Construction Safety Partnership, CSP, is a tripartite forum with a specific remit to improve health and safety standards in the construction sector. There has been good progress to date in the implementation and advancement of the recommendations contained in the construction safety plan, especially in relation to the development of the legislative amendments and the introduction of mandatory safety training and mandatory safety representation. However, while progress has been made in recent years, the challenge now is to maintain and improve upon this progress. The construction related fatalities in 2002 are testament to the fact that health and safety in the construction sector can still be literally a life and death issue. There remains an ongoing need for action at all levels whether this is action by the State, the social partners or by individuals at site level. In this regard, ways in which to continue and build upon the work of the partnership are being explored.
