Dáil Éireann Debate, Tuesday - 14 July 2020
76. Deputy Neasa Hourigan asked the Tánaiste and Minister for Business, Enterprise and Innovation the sanctions for employers that do not follow the published return to work safely protocol, for example, failure to provide masks or to facilitate social distancing; and if he will make a statement on the matter. [15372/20]
Amharc ar fhreagraThe national Return to Work Safely Protocol should be used by all workplaces to adapt their procedures and practices to comply fully with the necessary COVID-19 public health measures identified by the HSE and the Department of Health. It operates in parallel with existing statutory workplace health and safety requirements. The Protocol clearly sets out for employers and employees the steps that they must take both before a workplace reopens and on an ongoing basis.
The Health and Safety Authority is the lead agency in monitoring compliance with the Protocol. In this regard, any employee who has concerns about compliance can contact the Health and Safety Authority Workplace Contact Unit (WCU) on a confidential basis at 1890 289 389 or by sending an email to wcu@hsa.ie. If following such a complaint, there are serious concerns about a particular workplace, the Health and Safety Authority, or another agency or tasked with inspecting workplace compliance with the Protocol, will follow-up as appropriate.
In order to achieve compliance with the Protocol the Health and Safety Authority can use its powers under the Safety, Health and Welfare at Work Act, 2005. Under this Act there is a suite of enforcement powers ranging from Improvement Directions, up to and including, Prohibition Notices, which an inspector can serve where there is evidence of breaches of legislation. However, any initial engagement with an employer is carried out with the aim of achieving required outcomes through consensus and collaboration e.g. advice, Reports of Inspections (ROI). However a failure to comply with a ROI is an offence.
As part of the whole of Government approach, 500 inspectors from across the public service system are now monitoring adherence to the Protocol as part of their own normal inspection duties and are supplementing the work of the Health and Safety Authority. These resources are drawn from the Workplace Relations Commission, the Department of Agriculture, Food and the Marine and the cohort of Environmental Health Officers.
In addition to inspections, the Health and Safety Authority continues to provide advice and support to employers and employees on how they are implementing the COVID-19 measures in the workplace through its helpline and website and it has developed checklists and templates for use by employers, workers and worker representatives, and further material is being developed.
Separately, I would add that, overall, the Health and Safety Authority has noted a high level of compliance with the Return to Work Safely Protocol, to date, across all sectors which is a positive indication that the majority of employers and employees are taking a responsible approach to compliance with the Protocol.
