Written answers

Wednesday, 17 May 2006

Department of Enterprise, Trade and Employment

Health and Safety Regulations

9:00 pm

Photo of Seán CroweSeán Crowe (Dublin South West, Sinn Fein)
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Question 90: To ask the Minister for Enterprise, Trade and Employment the measures he will introduce to increase worker involvement in health and safety risk management in view of the fact that worker involvement is recognised as being key to sensible health and safety management strategies. [18342/06]

Photo of Tony KilleenTony Killeen (Clare, Fianna Fail)
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The Safety, Health and Welfare at Work Act, 2005 has enhanced provisions on consultation between the employer and the employee on safety and health issues at the workplace. Employees are entitled to select a safety representative (or by agreement with the employer, more than one) to represent them in these consultations. The Act also contains provisions in relation to protection against dismissal and penalisation from acting in compliance with the Act or other relevant statutory provisions.

The employer is obliged to consider any representations made by the safety representative and, in so far as is reasonably practicable, take any necessary and appropriate action in response.

Section 26 of the Act places a duty on the employer to consult his or her employees with regard to making and maintaining arrangements to enable both the employer and employees to co-operate in promoting and developing safety, health and welfare and to monitor the effectiveness of those measures. An employer must also consult the employees or their safety representatives, or both, on any proposed measure that is likely to substantially affect safety, health and welfare at the place of work.

Employees have a right to make representations to their employer on matters relating to their safety, health and welfare at work.

Consultation with employees must be made in advance and in good time so as to allow them time to consider, discuss and give an opinion on the matters before managerial decisions are made. The information given must be sufficient to allow employees to fully and effectively participate in the consultation process.

Safety consultation and participation by employees supports risk control by encouraging involvement in the development of safety and health policies. The pooling of knowledge and experience through consultation and participation can ensure everyone's commitment to achieving and maintaining appropriate safety and health standards at the workplace.

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