Arthur Morgan (Louth, Sinn Fein)
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Question 60: To ask the Minister for Enterprise, Trade and Employment if he will introduce regulations to oblige employers to notify the Health and Safety Authority of any occurrence, including exposure to noxious substances, at a place of work as a result of which a worker is prevented from performing his or her work for more than three consecutive days, as is the existing situation with regard to the obligation to report accidents. [18566/06]

Tony Killeen (Clare, Fianna Fail)
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The current specific regulatory provisions on the reporting of occupational accidents and specified non-injury dangerous occurrences to the Health and Safety Authority are set out in the Safety, Health and Welfare at Work (General Application) Regulations 1993, SI 44 of 1993. Under those provisions, an accident is reportable where it results in a fatality or where the injured employee is unable to work for more than three consecutive days, with weekends and other normal days off for the employee included when calculating the period of absence.

There was no specific definition of "accident" or "injury" in the legislation when the general application regulations of 1993 were made. However, in the Safety, Health and Welfare at Work Act 2005, which came into operation on 1 September 2005, I introduced definitions of "accident", "dangerous occurrence" and "personal injury". The definition of "dangerous occurrence" includes the uncontrolled or accidental release or the escape or ignition of any substance, which would include noxious substances.

The Safety, Health and Welfare at Work (General Application) Regulations 1993 are under review by the Health and Safety Authority. Proposals for new general application regulations, including revised provisions relating to the reporting of occupational accidents and diseases, were issued for public consultation by the authority in 2005, in accordance with section 57 of the 2005 Act. I expect that the authority's proposals for the regulations will include revised statutory requirements for notification which will be in line with the revised definitions in the 2005 Act.

Arthur Morgan (Louth, Sinn Fein)
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In raising this matter, I am trying to ensure that more data are gathered so that we have a better picture of what is occurring in the workplace, and exposure to noxious substances is an important issue in that regard. According to international studies, work-related disease is a far greater burden than workplace injury. Obviously, work-related disease takes much longer to emerge. I ask that the information gathering system on health and safety in the workplace be improved.

Work-related deaths, for example, may not occur until long after the person has left the place of work. Asbestosis is an obvious case in point, where the worker will probably work to retirement but possibly will die very quickly thereafter. There is no requirement for reporting cases like that and perhaps the Minister of State will take that on board.

Tony Killeen (Clare, Fianna Fail)
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The Deputy's question is timely, given that the general application regulations are under consideration and that specific definitions are included in the 2005 Act. There are two current provisions relating to asbestosis, for example, but they require updating. Deputy Morgan is right in saying that we need far better research in this area to enable us to draw up regulations that are suitable for circumstances he has outlined.

Arthur Morgan (Louth, Sinn Fein)
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The Minister of State seems to agree with me, which makes a change. Will he keep an eye on this matter and bring forward amendments to the regulations to improve the current situation?

Tony Killeen (Clare, Fianna Fail)
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The construction regulations are with the parliamentary counsel. I expect the Health and Safety Authority to submit a draft of the general application regulations soon, which will be forwarded to the parliamentary counsel. I wrote to the clerk of the Joint Committee on Enterprise and Small Business offering to give a briefing to that committee on the construction regulations and to hear its views on the matter. If the Deputies wish, I will do the same with regard to the general application regulations when they become available.