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

Dr. Sharon McGuinness:

I hope I have taken note of all of the Deputy's specific questions. I mentioned the 2016 regulations and we made that particular amendment because there was a low level of reporting of workplace accidents in general at that stage under the 2011 regulations. We needed to make sure that was increased so we had proposed an amendment. A regulatory impact analysis was completed as part of that particular legislative process. At the time of the RIA, we identified that there were difficulties for employers in assessing and attributing disease or illness to a workplace activity and that there were concerns there. Therefore, at the time the board of the authority decided, after all the considerations, not to put in the requirement for the reporting of occupational illness onto the issues where it developed it at a national and EU level. We have kept and will continue to keep that under review as matters go forward.

On new advice, the HSA has a responsibility under the work safety protocol. We have worked closely with colleagues on the employee and employer side in the initial development of the return to work safely protocol and then the later work safety protocol. Together with a range of other inspection bodies, we are involved in the inspection and checking of adherence to the work safety protocol. The detail in that protocol is at every stage predicated on the public health advice. As that changes, the advice in the protocol changes. The general premise and framework is for employers and employees to work together to make sure: there is a Covid response plan in place; people are informed and trained; and there is a lead worker representative in place to support the employer and other workers. This is done in order to protect and prevent the spread of Covid-19 in the workplace.

That is very much there and obviously any changes to the public health advice would be reflected in that particular document. Obviously, as more people are vaccinated in the wider community - it is not an area for which we have responsibility - the case numbers go down generally. That can have a beneficial effect in the workplace. Likewise, when workers in particular sectors such as healthcare also get vaccinated, that also protects them. Ultimately, we are still very much minded to continue our roll-out of the advice, support and inspections that we do for Covid, whatever stage the vaccination programme is at. The important thing is to maintain keeping Covid out of workplaces but, equally, supporting public health in the wider community response to outbreaks of it.

Our general experience with employers and our inspections has all been positive. Employers are happy to see us when we check protocols. They are pleased to show us how they have done the job and how they are putting in place the necessary public health measures. When there are specific outbreaks of Covid in a workplace, we support the public health management of that outbreak. Sometimes we go in as the boots on the ground into particular workplaces such as the meat processing, retail, manufacturing or construction sectors. We go in to support the public health officials to ensure their recommendations are put in place. It has been a positive engagement. Throughout this, all of the discussions between public health and occupational health have been done generally with employee and employer considerations on board. Both sides have been supportive and engaged in those discussions throughout the process of managing Covid.

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