Paul Murphy (Dublin South West, RISE)
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2. To ask the Minister for Enterprise, Trade and Employment the steps that his Department has taken to progress additional regulations on clean air in the workplace as promised in Dáil Éireann in December 2021; and if he will make a statement on the matter. [53848/22]

Paul Murphy (Dublin South West, RISE)
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It is almost a year since our Workplace Ventilation (Covid-19) Bill 2021 passed through Second Stage. At that time the Minister of State, Deputy English, stated that we wanted to see it speedily and effectively implemented. He was going to call me that afternoon to see how we could have regulations to get this implemented because we do not need legislation. Where are the regulations? What has happened? We are back into winter. The issue of ventilation is going to be central in regard to the spread of Covid-19 again. What has the Government done to ensure that workers have the right to clean air?

Damien English (Meath West, Fine Gael)
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As the Deputy is aware, following our discussion that night on his Private Members’ Bill on workplace ventilation, which was not opposed by the Government, I asked the Health and Safety Authority, HSA, to start immediately a formal review of the existing provisions on workplace ventilation to determine what further enhancement measures could be considered. Following this review, a decision was made to update the existing regulations and to introduce a robust code of practice on ventilation in the workplace. Both the new regulations and the new code of practice are being progressed by my Department officials in conjunction with the HSA.

The code of practice for indoor air quality will set out the optimal standards for indoor air quality, along with detailed practical guidance for employers and employees. A code of practice is an established compliance mechanism and can be referred to in legal proceedings.

The board of the HSA has approved the draft code of practice for indoor air quality for public consultation. The public consultation will commence in the week beginning 31 October 2022, that is, next week. It will last about four weeks. The timeline for the publication of the finalised code of practice will depend on the extent of any amendments to be made following the public consultation but it is anticipated that the code of practice will be published in early 2023 and the updated regulations will be introduced at the same time.

The existing 2007 general application regulations create a requirement on employers to make sure that there is an adequate supply of ventilation in the workplace and that the evaluation of ventilation forms part of an overall workplace risk assessment. Amendment of the general application regulations will bring into force the new code of practice for indoor air quality. Any worker who is concerned about appropriate levels of ventilation in their workplace should immediately contact the HSA for advice and guidance on the matter.

This is progressing quite well as per our agreement on that, even with the Deputy’s legislation as well. I believe our regulations will probably go further and achieve more. The Deputy’s legislation requires specific Covid measures and we are trying to improve air ventilation in general, which has many other benefits beyond the prevention of the spread of Covid.

Paul Murphy (Dublin South West, RISE)
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The Minister of State said there will be a code of practice. What will be the consequence if a company does not abide by the code of practice? What is the level prescribed in terms of CO₂parts per million in the code of practice?

Our Bill did not just relate to Covid, rather, it related to CO₂parts per million. It effectively was a proxy for the likely presence of Covid but it related to the air being of good quality. This is a moment when it is not just in relation to Covid but where we can guarantee workers access to clean air at work. It is estimated that 2 million disability-adjusted life years are lost in the EU 28 each year due to poor indoor air quality and effects, which include, but are not limited to, cardiovascular diseases, lung cancer, asthma, respiratory tract infections, chronic obstructive pulmonary disease and acute intoxication. We need to know what the levels are and what the consequences are for not sticking to them.

This is a problem. We are going into winter again, people will be inside more and Covid will spread. This needs to be done as soon as possible.

Damien English (Meath West, Fine Gael)
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The fact that the code of practice is being published next week means we are moving it pretty quickly. It will be in place in 2023, which I must remind the Deputy is only about eight or nine weeks away. It is not as if we are saying this will be in a couple of years’ time. To be fair, there is a process to go through when updating these regulations. I assume the Deputy wants this done right. I believe it will be done right in the way it is being done.

The code of practice will be published next week. The development of the regulations to bring into force the new code of practice in the workplace is being progressed by officials. The existing 2007 regulations are being amended to impose an obligation on employers to comply with higher standards of indoor air quality, which will be set out in the associated code of practice. The updated regulations will give legal effect to the code of practice.

The Deputy asked what that is about. The code of practice for indoor air quality will set out the optimum standard for indoor air quality, along with detailed practical advice and guidance for employers and employees on areas such as contaminants, indoor air and its sources and health effects, risk assessment, indoor pollutants and their thresholds, measurement and analysis, ventilation strategy, ventilation types and appropriate control measures, along with practical checklists and a tool for employers. Under the code of practice, the HSA inspectors will have the full range of powers available to them, including the right to assess a report of inspection, serve an improvement or prohibition notice, enter a place of work, question certain individuals, investigate and examine records and examine the workplace activity and processes carried out. Findings can be used in criminal proceedings.

Paul Murphy (Dublin South West, RISE)
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Let us see what the code of practice is. I wonder whether there is a need for a primary legislative framework for there to be real, substantial sanctions on employers that do not provide clean air for their workers. Belgium, for example, which has been one of the first movers on this in the EU, is currently introducing something quite similar to our Workplace Ventilation (Covid-19) Bill.

Has the Department any idea of how many people who have long Covid were infected in their workplace? Will the Department change its policy of refusing to classify Covid as an occupational illness? The Oireachtas Library and Research Service estimated last January that there could be around 115,000 people in Ireland suffering from long Covid. We will add more people to that list over the course of the coming winter and many of them will have picked Covid and long Covid up in their workplaces in poorly ventilated buildings.

Damien English (Meath West, Fine Gael)
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Again, we analysed the Deputy’s Bill and we felt that amending existing regulations was a more appropriate and pragmatic way of achieving the objectives of that Bill. We probably will have achieved the same things.

The Deputy’s Bill, as drafted, focused primarily on improved workplace ventilation. However, both the Department and the HSA believe that workplace ventilation goes beyond Covid-19. The code of practice will provide a more long-term, sustainable and holistic approach to workplace ventilation and gives flexibility to further updates, as opposed to primary legislation. The Bill, as currently drafted, is quite prescriptive. It is not practical to use primary legislation to deal with every single place of work because places of work are very different. They differ greatly from one another and the impact of CO₂readings must be judged in the context of different workplaces with different workforces at different times.

The measurement of CO₂levels was recommended by the Government’s expert group on ventilation as an effective measure of identifying poorly ventilated, multi-occupant and enclosed indoor areas. The work safety protocol set out how these monitors should be used in the workplace. However, a high CO₂monitor reading is not a proxy for risk of exposure to Covid-19 but, rather, for identifying poor ventilation. This needs to be fully appreciated when reading CO₂levels, as well as the fact that other sources of CO₂exist in certain workplaces. That is why we think regulations that can be changed and adjusted as we move on are important.