Dáil Éireann Debate, Wednesday - 3 June 2020
423. Deputy Imelda Munster asked the Minister for Business, Enterprise and Innovation her plans to extend the powers of the Health and Safety Authority to facilitate it to immediately shut down businesses or work sites that are found to be in breach of safety measures relating to Covid-19 that could put workers at risk or are in breach of the Return to Work Safely Protocol; and if she will make a statement on the matter. [8293/20]
Amharc ar fhreagra424. Deputy Imelda Munster asked the Minister for Business, Enterprise and Innovation her plans to address concerns regarding the ability of the Health and Safety Authority to visit sites unannounced due to Covid-19 restrictions; and if she will make a statement on the matter. [8294/20]
Amharc ar fhreagraI propose to take Questions Nos. 423 and 424 together.
The national Return to Work Safely Protocol is designed to support employers and workers to put measures in place that will prevent the spread of COVID-19 in the workplace. The Protocol should be used by all workplaces to adapt their workplace procedures and practices to comply fully with the COVID-19 related public health protection measures identified as necessary by the HSE and the Department of Health. It is operating in parallel with existing workplace health and safety statutory requirements.
I would emphasise that, in the first instance, employers and workers have a responsibility to actively and jointly take responsibility for applying, and adhering to, the procedures and practices set out in the Protocol designed to protect the health and safety of all concerned.
The Health and Safety Authority is the lead Agency in relation to oversight and compliance with the Return to Work Safely Protocol. Under the Health, Safety and Welfare at Work Act, 2005, the Health and Safety Authority has full powers to oversee compliance with the health, safety and wellbeing of workers in their place of work, which includes the closure of a workplace. While COVID-19 is a public health issue, the infectious nature of the virus and the way in which it is easily transmitted through humancontact, makes it a workplace health and safety issue as well as a general health matter. Neither health, safety nor welfare are narrowly defined in the 2005 Act, so the HSA has all of the powers that it needs at this time.
Since 18 May 2020, in line with Phase 1 of the Roadmap for Reopening Society and Business, the Health and Safety Authority launched a national programme of inspections to check compliance with the Return to Work Safely Protocol. The majority of HSA inspections are unannounced however due to the fact that workplaces may have different working arrangements in place to protect against COVID-19, the Health and Safety Authority may need in a number of cases to arrange a suitable time to visit to ensure the availability of key personnel. Once on site, the inspector will check for compliance against the Protocol and where there is a breach of a statutory obligation, the inspector based on the evidence and their expert opinion will determine what enforcement action may be needed. Where relevant, the public health authorities will be involved.
