Stronger penalties and on-the-spot fines for breaches of health and safety legislation to be brought in - Fahey

Mr Frank Fahey, TD, Minister for Labour Affairs at the Department of Enterprise, Trade and Employment announced today (Friday 18^th July 2003) that as part of his review of health and safety legislation in the workplace, the new Safety, Health and Welfare at Work Bill will provide for:

• Penalties of up to €3,000 on summary conviction and on conviction on indictment a fine of up to 10% of annual turnover or to imprisonment of up to two in prison or both a fine and imprisonment.
• The introduction of on-the-spot fines for a range of breaches of the health and safety legislative code by either employers or employees. These fines will be up to €100, which may be trebled if not paid within one month. The range of breaches being considered include:
• • No proper sanitary services
  • Not wearing proper Personal Protective Equipment which was duly provided
  • Employees in the construction industry who do not carry a "Safe Pass" Certificate
  • Employers in the construction industry who employ workers who have not obtained a "Safe Pass" Certificate
• The Health and Safety Authority (HSA) will be given power to establish a company to engage in the commercial activity of health and safety training and advice etc.

Minister Fahey said: "this is the first major review of the health and safety legislation in this country since the publication of the report in 1983 by Mr Justice Barrington into safety, health and welfare at work and subsequent introduction of the Safety, Health and Welfare at Work Act 1989. The Board of the HSA has submitted a review, which points the way forward. I expect to be in a position to go back to the Board of the HSA with legislative proposals very soon and to ask the Social Partners for their views before publication of the Bill."

Note for Editors

• Mr Justice Barrington chaired a commission of inquiry, which published a report through the Stationery Office on 14 July 1983 entitled, Report of the Commission of Inquiry on Safety, Health and Welfare at Work. The 1989 Safety, Health and Welfare at Work Act was based on that report, which also provided for the establishment of the HSA.
• • The current penalties in the 1989 Act are,
  • A fine not exceeding £1,500 ( €1,904 ) on summary conviction in a Court, or,
  • on conviction on indictment, a fine at the discretion of the Court or up to 2 years in prison or both a fine and imprisonment .
  • The new Health and Safety Bill is at the drafting stage in consultation with the Parliamentary Counsel in the Attorney General's Office. The Bill is expected to be approved by Government and to be ready for publication before the end of this year.
  • The Bill will provide for the repeal of the 1989 Act and will incorporate in a comprehensive volume the health, safety and welfare at work primary legislative code.

Minister Fahey pointed out the need for radical action to bring down the high rate of fatalities and injuries in the workplace. There was an overall total of 61 fatalities in the workplace recorded last year, of which 21 occurred in the Construction Industry and 13 in Farming and Forestry. The number of fatalities for the first 6 months of this year (2003 ) are 33 fatalities, of which 8 occurred in the Construction Industry and 10 Farming and Forestry.

The Minister again emphasised that there is an onus on all employees to take responsibility for their own safety. There will be a continuing responsibility on employers to provide a safe and healthy working environment.

ENDS