Oireachtas Joint and Select Committees

Tuesday, 30 March 2021

Joint Oireachtas Committee on Jobs, Enterprise and Innovation

Safety, Health and Welfare at Work (Amendment) Bill 2020: Discussion

Photo of Ollie CroweOllie Crowe (Fianna Fail) | Oireachtas source

I thank the Chairman, Dr. McGuinness, Mr. Parkinson and Mr. Vaughan for their contributions. I am not opposed to enhancing reporting requirements when the added value is clear but I believe that the added value is lacking in this Bill. Both Dr. McGuinness and Mr. Parkinson have made it clear to me that the reporting systems which are already in place are significant. Strengthening those systems by providing additional resources to ensure that they are fully implemented seems to me a more prudent route than creating more layers within the system. My colleague from Kildare North, Deputy Lawless, spoke previously in Dáil Éireann on the Bill. Members of all parties and none have broadly agreed during this pandemic that our path must be shaped by expert advice so the very clear reservations that both Dr. McGuinness and Mr. Parkinson have outlined this morning should give us all food for thought as to what exact benefits will derive from the Bill.

I recognise the point made by Dr. McGuinness that it could prove very difficult for employers to judge whether an employee contracting Covid-19 did so in his or her workplace and therefore should be reported. Obviously, there have been some clear cases of workplace outbreaks that we are all aware of but of the people I know who have contracted Covid-19, the vast majority have no idea where it was transmitted to them. Their employers, therefore, would not have been in a position to judge in a majority of cases.

We should also note that the vast majority of businesses have acted responsibly throughout the pandemic by following all public health advice, despite the crippling impact on their businesses. Too often businesses are spoken of in extremely negative tones on the basis of actions by a small minority or handful of businesses in the entire country. Having been an employer for most of my life, I would be very conflicted if an employee advised that he or she had contracted Covid-19 but did not wish me to inform anybody else. On the one hand the Bill would require me to do so but on the other hand I presume doing so against the express wishes of an employee may cause a breach of GDPR requirements.

These are issues that large companies with expert legal advice may be able to find the right solution for. However, for the sector that I represent, the SMEs, which are the backbone of the Irish economy, such a scenario would be challenging and adds considerable cost and burden. These companies need clarity from State bodies as to their requirements and this is lacking from the Bill in its current format.

We all want to protect workers and we all agree that under no circumstances should anyone work in an unsafe workplace or in a workplace that causes significant risks to one's health. We need to equally ensure that the administrative, and potentially the financial burdens placed on employers by the State do not result in workers no longer having a workplace. Businesses up and down the country are battling to survive a crisis that, as we are all aware, is not of their own making. The last thing they need is additional burdens being imposed on them by the State, particularly where the added value is "questionable", which is what we heard this morning on the basis of expert views. Having said that, if the Bill is to progress I suggest that we may be better served by considering the broader category of infectious diseases, rather than limiting the matter to Covid-19. I appreciate, as we all do, that Covid-19 is a challenge we are currently facing but a broader Bill may leave us in a better position in the long term.

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