James Browne (Wexford, Fianna Fail) | Oireachtas source

My first questions are for the Health and Safety Authority. Following on from the comments of my colleague from Kildare, Deputy Lawless, the Safety, Health and Welfare at Work Act 2005 includes disease in its definition of "personal injury". The first or primary function of the Health and Safety Authority under the Act is the prevention of personal injury which, as I have said, includes disease.

As the authority's representatives have said, and as we now understand, the regulations do not impose a duty on employers to notify anyone of an outbreak of disease or infection within the place of employment. There is such a duty in respect of any other type of personal injury. I believe I am correct in saying that, at the moment, if an employee tells management that he or she has tested positive for Covid, that it appears he or she has had it for a number of days or even a week, and that he or she has been interacting with other staff within the place of work, the employer has no duty to notify the Health and Safety Authority of that.

I have three questions. Is the Health and Safety Authority satisfied that the regulations as set out and the factual situation are in harmony with the Act and the HSA's duties thereunder? Are the witnesses aware of any duty employers have to report instances of the virus to anybody? Can an employee make a protected disclosure to the Health and Safety Authority in respect of an outbreak of disease or infection within a place of employment?