Tony Killeen (Clare, Fianna Fail)

I thank Senators from all sides who participated in the debate for their constructive and helpful comments and assure the House I approach this debate with an open mind and am open to accepting amendments tabled on Committee or Report Stages.

Senator Coghlan asked a number of important questions, including one regarding resources for the Health and Safety Authority. The authority's budget this year is €16.1 million, a substantial increase of 12% on last year. The Senator also asked about section 18(4). This subsection is intended to allow an employer to appoint a person as the competent person in the area of compliance in circumstances where such a person is available in the workforce. The view until now was that a person from outside the workplace had to be employed for this purpose. The new provision will permit a person from within the organisation to perform this role.

Senator Leydon welcomed the codes of practice for smaller operators which will be a major advance on the current position. He also referred to the number of deaths in workplace accidents to date this year. This figure is unacceptable and the Health and Safety Authority is making every effort to bring home to people that everybody has a role to play in ensuring we do not have further fatalities.

A number of Senators raised the issue of safety on the farm. I welcome the role played by the farming organisations, Teagasc and others in drawing attention to the difficulties in the sector and providing training in this area. Senator Feighan, an employer, mentioned an issue which I consider to be the real enemy of the health and safety ethos, namely, the sense of complacency which features to some extent in all workplaces. With regard to his question on children, they are included in the statistics.

The Senator also made a reasonable point that one cannot put a price on safety. It is incumbent on us to ensure all necessary action is taken to make people safe in their workplaces. This view has been reflected across the House.

Some concerns were expressed by Senator Feighan and others about the inordinate cost small employers believe attach to health and safety issues in their specific circumstances. The Bill addresses this issue by providing that employers with fewer than three employees will introduce a code of practice prepared for a number of sectors by the Health and Safety Authority. To comply with the requirements, such employers will be required only to carry out a risk assessment and tick off some boxes. This is a significant advance which will help employers to be compliant and, more important, ensure health and safety issues are given due care and attention in their workplace.

Senator Dardis welcomed the decrease in awards under the PIAB and it is important to remind employers that there are also financial benefits to a good health and safety regime. It is understandable that people refer to the costs involved but on the other side of the equation considerable savings can be made under a good health and safety scheme. Senator Dardis made the reasonable point that we all have the right to expect to return home safely from work but, unfortunately, that does not happen in many cases.

The Senator mentioned problems such as litter that illustrate an ethos of carelessness and a lack of consideration. Litter would not imbue a person with confidence in the health and safety regime of an establishment that operates in such a fashion. This forms part of the move towards a norm of being careful about the working environment.

Senator Moylan mentioned his own experience and made an important point on underground utilities, particularly electricity. Frequently, there are no accurate drawings to tell someone entering a site where the services are located. He also proposed that people should be required to remove overhead electricity cables before the commencement of construction. That is a sensible suggestion and we should look at it. He mentioned the danger of quads that do not have roller bars and that is a matter that requires consideration. Much work will be done when the Bill is passed to prepare regulations for the construction sector and we will have the opportunity to examine this in detail on Committee Stage.

Senator McDowell mentioned the staggering injury statistics. Regulation is vital in this area and the opposition we have encountered is short sighted. It is, however, an enormous step forward that the social partners are so proactive in the area of health and safety. I found them most co-operative in working on this Bill. Sometimes they had harsh things to say but if they made sense, I was prepared to amend the Bill in the Dáil and if there are more sensible amendments, I will accept them here.

The chemical industry was also mentioned by both Senator McDowell and Senator Dooley. The REACH directive is likely to manifest itself in additional responsibility for the Health and Safety Authority and I assure the Senators that there will be additional resources if that is the case. It is an important area and horrific accidents can arise from cutting corners in this and other industries.

Senator McDowell expressed concern about the provisions in section 13 for testing for intoxicants. Prior to the introduction of regulations, I intend to have the Health and Safety Authority consult widely with the social partners, advisory bodies in the area and, subsequently, to refer the matter to the Oireachtas committee for further consideration.

Corporate manslaughter was mentioned. It is an issue that is being dealt with by the Law Reform Commission and further recommendations are expected in the autumn. I will await a Government decision before making legislative provision. The Senator reminded us that the State has not had a wonderful record in terms of its own obligations, something we should bear in mind when we lecture other employers.

Senator Dooley mentioned that in less affluent times, cost was a greater deterrent when it came to good health and safety practices. He also mentioned the need to revisit the FÁS training regime. A review of the procedures will be undertaken shortly. An enormous number of people have received Safe Pass training from FÁS, five times more than expected. Some deficiencies arose in the programme that were debated in the Dáil and we will learn lessons from them.

Many Senators referred to farm safety and Senator Dooley made specific mention of training for fire services. I will update the House on that when I get more information.

Senator O'Rourke acknowledged the role of the officials from the Department and I acknowledge the role she played when she was Minister. She mentioned the dangers involved when children are near machinery. Any of us who have worked on a farm have found it difficult to resist the entreaties of children who cannot bear to be left off the tractor. Unfortunately, many accidents result from behaviour of that nature. Senator Mooney suggested that a safety harness should be provided. We will refer this issue to the advisory bodies dealing with farm safety. Those bodies have done tremendous work and have been most helpful.

Senator Mooney referred to his experience in London and the health and safety regulations that were in place there long before the 1989 Act came into force here. He mentioned the positive role of the EU which de facto brought about the introduction of the 1989 Act through regulations.

Senator White gave the viewpoint of an employer and it was good to hear her stressing the importance of staff. She mentioned the minimum wage, as did Senator Dooley, and I welcome their comments. I caught some flak on that but there is only a small number of rogue employers and this legislation is designed to ensure they comply like everyone else.

Senator O'Toole also expressed reservations about section 13 and the provisions on intoxicants. He was not opposed to the measure, as he pointed out, but he was concerned about how we will go about this. Following consultation, we will draft regulations that will serve this purpose because there are some employments in which it may be necessary to have provision for testing of this nature. It will be brought before the Oireachtas committee, giving a further opportunity to debate it.

Senator O'Toole also asked about section 10(2) which deals with new and changed risks, and its connection with section 19 on risk assessment. I assure him that the risk assessment provision in section 19 addresses his concerns. He pointed out that there are costs involved but we should ensure everyone in Europe complies with the same regulations and pays the same costs. It has been interesting to represent the Government at Council of Ministers' meetings and to hear the different perspectives of some of our European partners.

I welcome Senator Henry's comments about bullying in the workplace. My predecessor, Deputy Fahey, commissioned a report from an expert group on bullying in the workplace. I hope to get that report within the next few weeks. I will publish it when I receive it and I will make proposals to Government based on its recommendations. Legislation may be required but I cannot say for certain in advance of seeing the document. The Senator made a fair point about the destructive psychological and physical effects of bullying in the workplace and the enormous damage it can cause. I have no doubt that many of the work days missed are a result of bullying.

I thank Senators for their participation and look forward to Committee Stage.