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 David StantonDavid Stanton (Cork East, Fine Gael) | Oireachtas source

I thank the witnesses for attending the meeting today. I also thank Deputy O'Reilly for putting forward this matter as it has provided us with an opportunity to examine and tease out this issue.

Who is doing the RIA, and when will it be finalised? Dr. McGuinness said the Health and Safety Authority receives weekly data reports on Covid-19 workplace outbreaks. These are based on medically confirmed and validated data. How does that work? Will she talk us through exactly how those reports get to the authority? Who is responsible for informing the authority and where do they get the information? Is there any obligation on employers to report Covid in the workplace?

There is a small contradiction in some of the evidence. I apologise if I am misquoting him but I think I heard Mr. Hughes say that employees have an obligation to tell an employer if they have Covid-19. In the Health and Safety Authority submission, however, it is stated:

The amendment may leave employers with an obligation, which they may not reasonably or legally be able to fulfil, as there is no counter-obligation on employees to provide detailed confidential medical information to their employer. Creating a requirement for employers to capture and report alleged incidents of COVID-19 to a third party may also have GDPR implications.

There is a contradiction. I am not sure which of the two is correct. Does an employee have an obligation to tell his or her employer that he or she has Covid-19? In that instance, I am also aware of the advice we all have heard that, if a person thinks he or she has the symptoms, then that person is asked to stay at home and get a test by the public health people. If somebody has the symptoms, are they obliged to tell their employer about it? How is Covid-19 reported to the Health and Safety Authority? Is it from the public health people, the employer or the employee?

Should the employer have permission from the worker to report he or she has Covid-19? For example, say I am working in a particular facility and I contract Covid-19. Should the employer simply report a case of Covid-19 in the workplace or go further to report David Stanton has Covid-19?

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