Mr. Martin O'Halloran:

I will pick up on some of the questions I noted. Deputy Healy-Rae made a point about the Health and Safety Authority position on compulsory testing. I indicated that we know what the statistics are and we investigate each fatality but we do not have any compelling evidence to indicate that compulsory testing of agricultural vehicles would have a significant impact on fatalities. He correctly pointed out that the causation of an accident could relate to the vehicle, its maintenance and the training or competency of the user. Very often it relates to the experience and skills of the user. In many cases fatalities relate to young people, but they can also happen to more elderly people who, unfortunately, are not able to respond if something adverse happens.

Mr. Brett responded to Deputy Ellis’s question on licences, but in terms of on-farm work, the Health and Safety Authority has published and made available to the agricultural community a code of practice. It is not legally binding but it is indicative of what good practice should be. The strong recommendation is that children under 14 years of age should not drive tractors on farms and that they should be trained if they do so. It is clearly set out that they should not drive with a trailer. The code of practice would inform an inspector visiting a farm in his or her dialogue with a farmer on young people and their safety on tractors.

Deputy Tom Fleming inquired about who is responsible for road construction. That is set out reasonably clearly in legislation. If road works are taking place which meet the conditions of the 2007 construction regulations, there is an onus on the duty holder or whoever is commissioning the road works to notify the Health and Safety Authority. That is the normal practice. If the work is below a certain activity level in terms of duration there is no formal requirement to notify the authority but there are precautions that must be carried out. These relate mainly to signage, protection of road works and coning. They are set out in what is typically called chapter 8 guidance, which has been accepted by all local authorities. In the event that a contractor is retained by the local authority to do the work, then the contractor has this duty.

In the event of an accident, generally the first responder is the Garda Síochána. We have a memorandum of understanding with it and in the event that it is considered that characteristics of the accident might relate to aspects of work such as road works guarding or the conduct of the work then members of the Garda Síochána will generally quickly seek the input of the Health and Safety Authority and we carry out a joint investigation. Depending on the preliminary investigation, if it is agreed with An Garda Síochána that an accident has to do with driver behaviour, driver substance use or vehicle condition then the lead in the investigation goes at that point to the Garda Síochána and the Health and Safety Authority supports it. Conversely, if it was found that a direct contributor to the causation of the accident was guarding or a failure in guarding of works, then the lead role in the investigation would be carried out by the Health and Safety Authority with the support of the Garda Síochána. In many cases a joint file would be forwarded to the Director of Public Prosecutions.

In response to Deputy Harrington’s question, the Health and Safety Authority carries out a detailed investigation of every accident. I might ask my colleague, Mr. Brian Higginson, to give a sense of the typical manner of an investigation when a fatality occurs.