Frank Feighan (Sligo-Leitrim, Fine Gael) | Oireachtas source

I thank the Senator for raising this matter. First, I wish to state there is a strong legislative regime in Ireland to protect all workers in respect of their working conditions, including work-related health and safety. On the issue of general working conditions, there is a comprehensive body of employment rights legislation for which the Workplace Relations Commission, WRC, is mandated to secure compliance. This legislation protects all employees who are legally employed on a contract of service basis. Where an individual believes he or she is being deprived of employment rights applicable to employees, that individual may refer a complaint to the WRC where the matter can be dealt with by way of mediation or adjudication leading to a decision, enforceable through the District Court. WRC inspectors can also be asked to investigate certain breaches. Complaints can be made on a single online complaint form available on the WRC's website, www.workplacerelations.ie.

In respect of the health and safety of workers specifically, we have a suite of workplace health and safety legislation designed to prevent and mitigate against work-related accidents and injuries. In this regard, social media content moderators should be treated by an employer in the same way as any other worker who is potentially exposed to hazards. The employer must ensure that appropriate training is provided and must carry out a risk assessment with a particular focus on potential hazards for the worker and must prepare a safety statement based on this risk assessment. A written safety statement should include an assessment of all hazards and risks and should set out how the safety and health of all employees will be protected. Proper risk assessment, along with mitigation measures, is the foundation for all workplace health and safety.

The HSA has an extensive range of advisory and guidance material available to employers to assist them in identifying and managing specific workplace hazards and risks. In addition, any content moderator concerned about his or her health and safety arising from the manner in which his or her work is organised can contact the authority, in confidence, for advice.

The Senator asked what protections are available for those working as content moderators. Where a social media company outsources work such as content moderation to another company, that company is responsible for the totality of the employment relationship with the employees that do the content moderation work. This means that the company has the same employer obligations under both employment rights and health and safety legislation as any other employer. Also, content moderators have access to the services of State bodies, such as the WRC and the HSA.