Pat Breen (Clare, Fine Gael)
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Question 304: To ask the Minister for Enterprise, Trade and Employment his views on whether all employers whose activities pose a risk to third parties in the immediate vicinity of workplaces, should be obliged in the interests of natural justice to provide full details of the relevant sections of safety statements and their mandatory risk assessments to such vulnerable third parties; and if he has proposals to amend the Safety, Health and Welfare at Work Bill 2004 in that regard; and if he will make a statement on the matter. [5008/05]

Tony Killeen (Clare, Fianna Fail)
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The current law on safety in the workplace is set out in the Safety, Health and Welfare at Work Act 1989. Section 7 of that Act imposes a general duty on employers to conduct their undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in their employment who may be affected thereby are not exposed to risks to their safety or health.

This law is now due to be updated by the Safety, Health and Welfare at Work Bill 2004. Section 12 of that Bill carries over the general duty on employers to persons other than their employees. The Bill will also maintain, in Section 20, the requirement of every employer to have a safety statement, based on an identification of hazards and a risk assessment, setting out the manner in which the safety, health and welfare at work of his or her employees will be secured and managed.

Under the Bill, employers will be required to bring the safety statement to the attention of his or her employees and other persons at the place of work who may be exposed to any specific risk to which the safety statement applies. Where specific tasks are being performed at a place of work that pose a serious risk to safety, health or welfare, an employer will be required to bring to the attention of those affected by that risk relevant extracts of the safety statement setting out: the risk identified; the risk assessment; and the protective and preventive measures taken regarding that risk.

In that regard, a place of work is defined in section 2(1) of the Bill. The definition states: 'place of work' includes any, or any part of any, place (whether or not within or forming part of a building or structure), land or other location at, in, upon or near which, work is carried on whether occasionally or otherwise, etc.