Dáil Éireann Debate, Tuesday - 27 June 2017
135. Deputy Catherine Murphy asked the Tánaiste and Minister for Jobs, Enterprise and Innovation the number of visits the Health and Safety Authority has made to licensed and unlicensed commercial premises in the past three years; the number of visits to construction sites; the number of actions or cease work directions it has issued in that time; and if she will make a statement on the matter. [29635/17]
Amharc ar fhreagraThe Deputy clarified that this question relates to commercial premises.
While it is noted that the Deputy’s question referred to commercial premises, it should be noted that the Health and Safety Authority has a responsibility in relation to occupational safety and health for all places of work in the State.
The Authority’s records of workplace visits are recorded using the CSO agreed NACE Sector category classification e.g. for Agriculture, Manufacturing, Construction, Retail, Education, Health services etc. The Authority reference to visits comprises of inspections and investigations of accidents and complaints.
The Authority do not categorise these visits using the terms commercial premises as many places of work inspected under health and safety laws may be non-commercial activities. The Authority’s inspections relate to employers at their place of work. The following tables give the figures for inspections and investigations of all workplaces and construction sites visited since 2014 and the enforcement actions taken by Authority inspectors. The yearly tables give the numbers of inspections and investigations carried out in each NACE Sector since 2014.
In relation to ceasing work activities on any workplace including construction sites, the Authority’s inspectors can use their powers under Section 67 of the Safety, Health and Welfare at Work Act 2005 to serve a Prohibition Notice on a duty-holder (e.g. on the employer, sub-contractor etc.,) to stop a work activity. The Prohibition Notice is issued where the inspector forms the opinion that an activity at that place of work poses a risk of serious personal injury. The notice requires the activity to stop until appropriate controls are in place to minimise/eliminate the risk of injury. Once this has been done and the duty holder confirms to the inspector that they are in compliance, and this is verified by the inspector.
There are a range of other enforcement actions available to inspectors which require improvements to be made to safety and health standards at a place of work but which may not require the duty-holder to cease the work activity. These include Improvement Notices and Reports of Inspection.
The Improvement Notice (Section 66) can be issued where the inspector observes a breach of the health and safety legislation. This Notice must give the duty-holder a period of time to remedy the breach and become compliant. For this Notice the work does not have to cease.
If the duty-holder is aggrieved by either the Prohibition or the Improvement Notice, he/she can appeal it to the District Court.
Inspectors can also provide a Report of Inspection to the duty holder detailing actions needed to be taken to improve health and safety on site.
The inspectors will take actions including follow up visits to ensure Notices and Reports of Inspection are complied with.
In addition under Section 71 of the Safety, Health and Welfare at Work Act 2005 where the Authority or an inspector considers that the risk to the safety, health or welfare of persons is so serious that the use of a place of work or part of a place of work should be restricted or immediately prohibited until specified measures have been taken to reduce the risk to a reasonable level, the Authority can apply to the High Court for an order restricting or prohibiting the use of the place of work or part of a place of work accordingly. No such applications have been required for some years now.
Total number of inspections and investigations of all workplaces 2014 - 2017
Total number of construction site inspections and investigations 2014 - 2017
Inspections and Investigations 2017 (to 23 rd June)
Inspections and Investigations 2016
Inspections and Investigations 2015
Inspections and Investigations 2014
