Damien English (Meath West, Fine Gael) | Oireachtas source

I will set out the current situation for the Deputy, if that is all right.

As the Deputy might realise, Covid 19 has been included as a notifiable disease under the Infectious Diseases (Amendment) Regulations 2020. Any infectious disease pandemic is first and foremost a matter of public health, for which a legal basis for reporting already exists under public health legislation. Notifiable infectious diseases are statutorily reported under the Infectious Diseases Regulations 1981 to the Chief Medical Officer of the Department of Health for investigation and control. At present, under the occupational safety and health legislation the requirement to report accidents does not apply to a person who suffers a disease, occupational illness or impairment of mental health as a result of workplace activity.

There are a number of considerations to take into account with regard to reporting occupational diseases or illnesses or both to the Health and Safety Authority. These include the fact that many employers are not in a position to assess or attribute the diagnosis of Covid-19 as an occupational disease or illness with any degree of reliability since it can be acquired in a community or workplace setting. It would also introduce an obligation on employees to provide detailed confidential medical information to their employer, which would be seen as contrary to the protection of an individual's right to the privacy of such information.

However, I do understand that the board of the Health and Safety Authority has requested a review of the reporting obligations concerning infectious diseases in the context of employers' obligations under the Safety, Health and Welfare at Work Act 2005. The review will include consultation with a range of parties, including the Department of Health and the State Claims Agency. It will also examine whether a proposed change can be achieved without increasing reporting requirements for employers outside the health sector and can be aligned with general data protection regulation, GDPR, requirements. The review will also look at the practices in other European countries on the reporting of infectious diseases by employers. I have asked that the review be presented to the Department for consideration as soon as it is available. I am happy to revert to the Deputy at that stage.

See this speech in context