Tony Killeen (Clare, Fianna Fail)

The intent of the provision which Deputy Howlin seeks to have deleted is that a provision would be made where account would be taken of where workers had pre-existing conditions or illnesses. A number of provisions in the Bill cater more than adequately for what Deputy Howlin seeks. Section 10(1)(c) requires the employer to take account of workers' capabilities in assigning work to be carried out. This is very important in the case of somebody who has a pre-existing condition, for example, asthma or back injury. This is an important provision of the Bill.

Employees also have duties in this regard under sections 13(1)(a) and (d). This provision is a protection for both employees and employers. The Bill is better for the inclusion of the provision as it relates only to pre-existing conditions or illnesses.

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